Court Rules Ford Cases Should Be Heard

LANSING, Mich. April 23, 2004; The Associated Press reported that two women who worked at a Ford Motor Co. factory should have their sexual harassment-related claims explored further in circuit courts, the Michigan Court of Appeals ruled in opinions released Friday.

The ruling could place Ford back in court in two Michigan counties.

The appeals court said a Wixom Assembly Plant supervisor, Daniel Bennett, should be dismissed from both cases. But Ford may still be tried to determine if the company is liable for employing Bennett, and whether the company had evidence he had a propensity to sexually harass women.

The appeals court said Wayne County Circuit Court Judge William J. Giovan may have acted too hastily when he dismissed a case involving former Wixom Assembly Plant employee Justine Maldonado in 2002 involving sexual harassment claims against Bennett.

Maldonado alleges that Bennett exposed himself to her on three occasions and stalked her.

Giovan had ruled that Maldonado and her legal counsel improperly generated publicity that could have influenced potential jurors by staging protests, distributing leaflets and providing information to the media about Bennett's criminal history.

Appeals court judges said the circuit court should hold a hearing to determine if Maldonado and her attorney tainted the potential jury pool.

In another case, Bennett was accused of sexual harassment by Milissa McClements, a cafeteria worker employed by a Ford contractor at the Wixom plant. An Oakland County judge dismissed that case in 2002.

The appeals court said that case should be heard by an Oakland County Circuit Court jury, because there is evidence Ford should have known Bennett had a propensity to sexually harass women.

Bennett's lawyer, Sam Morgan, said Bennett is still employed by Ford.

Ford spokeswoman Kathleen Vokes said the company has not reviewed the appeals court rulings.

"Ford has a zero tolerance policy," Vokes said. "We take an employee's complaint seriously, investigate it seriously and take appropriate action."

An attorney representing Maldonado had a different take.

"Ford has been attempting to run from a jury since these cases were filed," George Washington said.