Founders Brewing manager refuses to admit his employee is black in racial discrimination lawsuit

A manager of a Michigan-based Founders Brewery ensnared in a racial discrimination lawsuit has refused to acknowledge the former employee filing the suit is black, because he ‘doesn’t see color’.

Tracey Evans, a former events and promotions manager of two taprooms in Grand Rapids and Detroit, filed the suit in 2018, alleging that his co-workers regularly used racial slurs with impunity as part of ‘a racist internal corporate culture’.

In his suit, Evans outlines numerous examples of ‘blatant racism’, including co-workers repeatedly using the ‘N word’ around him, and management allegedly assigning a printer the ‘white guy printer’, while labeling a printer for lower ranking employees the ‘black guy printer’.

According to Evans, management at the brewery did little to combat the racism he encountered during his time under their employ from 2014 to 2018, and claims he was fired after threatening to complain to human resources.

But leaked deposition transcripts first obtained by Metro Times show the facility’s general manager, Dominic Ryan, has tried to claim he didn’t know that Evans was black – despite knowing him for eight years, having met through mutual friends in 2011.

Tracey Evans (above), a former events and promotions manager at the Grand Rapids taproom, filed the suit in 2018, alleging that his co-workers regularly used racial slurs with impunity as part of ‘a racist internal corporate culture’

According to an amended complaint in October 2018, Evans was hired at the Grand Rapids location in 2014 as a packaging machine operator. He later transferred to a Detroit location, where he was fired in June 2018. At both of the locations Evans says he was either called the N-word by a co-worker or a colleague used the racial slur around him.

Detroit Founders Bewers

According to an amended complaint in October 2018, Evans was hired at the Grand Rapids (left) location in 2014 as a packaging machine operator. He later transferred to a Detroit location (right), where he was fired in June 2018. At both of the locations Evans says he was either called the N-word by a co-worker or a colleague used the racial slur around him.

‘I don’t know Tracy’s lineage, so I can’t speculate on whether he’s — if he’s from Africa or not,’ Dominic Ryan, who is white, said to Evans’ attorney, Jack Schulz, when asked about the claimant’s race.

The transcript of their exchange shows Schulz shifting from incredulous to irate as Ryan recurrently tries to claim he has no idea if Evans is black or not.

After confirming Ryan knew Evans prior to his employment at Founders, Schulz asks ‘Are you aware Tracy is black?,’ to which Ryan replies: ‘What do you mean by that?’

When asked if he’s aware Tracy is African-American, he responds ‘I’m not sure of his lineage so I can’t answer that’.

A frustrated Schulz seeks to re-clarify the question for a third time, asking ‘Are you aware Tracy is a man of color?’

Incredibly, Ryan once again responds ‘What do you mean by that?’

The pair continue to go back and forth on Ryan’s understanding of race, with the manager reiterating that he cannot confirm is Evans is African-American because he doesn’t know his lineage so ‘can’t speculate on whether he’s from Africa or not.’

‘Have you ever met a black person who didn’t tell you they were black? Schulz asks in retort, before rephrasing the question on Ryan’s request. ‘Is Barack Obama black…to your knowledge?’

After Ryan responded that he didn’t know if Obama was black because he hasn’t met him, Schulz quizzes him whether or not Michael Jordan is black, to which he responds: ‘I’ve never met him.’

The transcript of their exchange shows Schulz shifting from incredulous to irate as Ryan recurrently tries to claim he has no idea if Evans is black or not. After confirming Ryan knew Evans prior to his employment at Founders, Schulz asks ‘are you aware Tracy is black?,’ to which Ryan replies: ‘What do you mean by that?’

The transcript of their exchange shows Schulz shifting from incredulous to irate as Ryan recurrently tries to claim he has no idea if Evans is black or not. After confirming Ryan knew Evans prior to his employment at Founders, Schulz asks ‘are you aware Tracy is black?,’ to which Ryan replies: ‘What do you mean by that?’

The pair continue to go back and forth on Ryan’s understanding of race, with the manager reiterating that he cannot confirm is Evans is African-American because he doesn’t know his lineage so ‘can’t speculate on whether he’s from Africa or not.’

The pair continue to go back and forth on Ryan’s understanding of race, with the manager reiterating that he cannot confirm is Evans is African-American because he doesn’t know his lineage so ‘can’t speculate on whether he’s from Africa or not.’

‘Have you ever met a black person who didn’t tell you they were black? Schulz asked, before rephrasing the question on Ryan’s request. ‘Is Barack Obama black…to your knowledge?’ After Ryan responded that he didn’t know because he hasn’t met Obama, Schulz asks him whether or not Michael Jordan is black, to which he responds: ‘I’ve never met him.’

Michael Jordan

‘Have you ever met a black person who didn’t tell you they were black? Schulz asked, before rephrasing the question on Ryan’s request. ‘Is Barack Obama black…to your knowledge?’ After Ryan responded that he didn’t know because he hasn’t met Obama, Schulz asks him whether or not Michael Jordan is black, to which he responds: ‘I’ve never met him.’

Evans has since called Ryan’s comments ‘completely offensive’ and says he was surprised by the exchange, because he considers himself friends with Ryan and already swore under oath that he didn’t take part in the racist behavior.

Evans added that Founders’ management’s refusal to recognize him as black and how he was being treated as a black man is ‘the whole reason we are in this predicament.’

In response, Edsenga, the attorney for Founders, said in a statement it would soon be filing a motion to dismiss the case and prove that neither race nor retaliation were factors in Evans’ termination.

‘A person unfamiliar with the obligations that individuals are under when they give deposition testimony might perceive Mr. Ryan’s statement as noteworthy. It is not,’ the spokesperson assured.

‘Founders evaluated and decided to terminate Mr. Evans based only on his job performance. Mr. Evans’ poor job performance will be apparent when Founders files its upcoming motion.

‘Through this testimony, Mr. Ryan was simply saying that he does not assume anything about individuals’ race or ethnicity unless they tell him that information. While it might be acceptable to speculate about this type of thing in casual conversation, Mr. Ryan was not having a casual conversation.’

Edsenga’s legal spokesperson said that Founders ‘looks forward’ to its day in court and is ‘more confident than ever that it will prevail’ in the suit.

The company said that a worker in Grand Rapids who used a slur apologized to Evans and was disciplined. They also disputed Evans’ claim that the Grand Rapids facility had a ‘white guy printer’ for management and a ‘black guy printer’ for general workers.

Evans has since called Ryan’s comments ‘completely offensive’ and says he was surprised by the exchange, because he considers himself friends with Ryan and already swore under oath that he didn't take part in the racist behavior

Evans has since called Ryan’s comments ‘completely offensive’ and says he was surprised by the exchange, because he considers himself friends with Ryan and already swore under oath that he didn’t take part in the racist behavior

According to an amended complaint in October 2018, Evans was hired at the Grand Rapids location in 2014 as a packaging machine operator. He later transferred to a Detroit location, where he was fired in June 2018.

At both of the locations Evans says he was either called the N-word by a co-worker or a colleague used the racial slur around him.

When he reported both instances to human resources he says his ‘complaints fell on deaf ears’ and the employees responsible were allowed to continue working alongside him without repercussions.

In June 2018, Evans sat down with one of his supervisors and informed him of his plans to meet with human resources about the workplace environment and how he was being treated.

Days later, Evans was fired for ‘pretextual reasons’.

The lawsuit concludes Evans ‘received unequal treatment, was denied a promotion, and was ultimately terminated based on his race and in retaliation for complaints regarding his treatment.’

It further alleges he was ‘subjected to disparate scrutiny and disciplinary practices when compared to his Caucasian comparators.’

Dominic Ryan’s leaked transcript in full:

Schulz: When did you first meet Tracy Evans?

Ryan: 2011, 2012. We had mutual friends before working there, so —

Schulz: Okay. So you knew Tracy prior to his employment at Founders?

Ryan: Met a few times, yes.

Schulz: Okay. Are you aware that Tracy is black?

Ryan: What do you mean by that?

Schulz: Were you aware that Tracy is African American?

Ryan: I’m not sure of his lineage so I can’t answer that.

Schulz: All right. Are you aware Tracy’s a man of color?

Ryan: What do you mean by that?

Schulz: Do you know what a white person is versus a black person?

Ryan: Can you clarify that for me?

Schulz: No. Do you know — you don’t know what it means for someone to be a white person or a black person?

Ryan: I’m asking for clarification.

Schulz: You don’t need any. I can promise you that. We’ll keep the record as is. Someone’s skin color. A white —

Ryan: So that’s what you’re referring to?

Schulz: Yeah. Oh, yeah, yeah.

Ryan: OK. Yes, I know the difference in skin tone.

Schulz: Are you able to identify individuals by their skin color?

Ryan: What do you mean identify?

Schulz: I mean have you ever looked at Tracy Evans in your entire life? Have you? That’s a — that’s a genuine question.

Founders attorney Patrick Edsenga: Objection. Argumentative. You can answer.

Ryan: Yes.

Schulz: And did you ever realize that Tracy’s skin color is black?

Ryan: That’s not — I mean, is his skin different from mine? Yes.

Schulz: How?

Ryan: What do you mean how? It’s a different color.

Schulz: Correct. And what is the difference of that color?

Ryan: It’s darker.

Schulz: And that means?

Founders attorney Edsenga: Objection. Vague question.

Schulz: I mean, we could — This could be a one-sentence answer, you know. So by your — I guess your testimony is you have no idea if Tracy is a minority, if he’s African American?

Ryan: I don’t know Tracy’s lineage, so I can’t speculate on whether he’s — if he’s from Africa or not.

Schulz: What do you mean lineage, from Africa?

Ryan: No. I mean, like, I don’t know his DNA.

Schulz: Have you ever met black people who aren’t from Africa?

Ryan: Excuse me?

Schulz: Have you ever met a black person born in America?

Ryan: Yes.

Schulz: And you were able — Have you ever met a black person who didn’t tell you they were black?

Ryan: Can you rephrase that?

Schulz: Is Barack Obama black?

Founders attorney Edsenga: Objection.

Schulz: To your knowledge?

Ryan: I’ve never met Barack Obama so I don’t —

Schulz: So you don’t know if Barack Obama is black? What about Michael Jordan? Do you know if Michael Jordan is black?

Founders attorney Edsenga: Objection.

Ryan: I never met him.

Schulz: So you don’t know? What about (former Detroit mayor) Kwame Kilpatrick?

Ryan: Never met him.

Schulz: To your knowledge, was Kwame Kilpatrick black?

Ryan: I —

Schulz: You don’t know?

Ryan: I don’t know.

 

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