Four Black employees file racial discrimination case against Michigan Secretary of State
Citing claims of racial discrimination within the workplace, three current employees and one former employee of the Michigan Department of State have sued Secretary of State Jocelyn Benson and four other employees of the SOS.
The legal action was filed Jan. 10 in Wayne County Circuit Court, alleging violations of the Michigan Elliott-Larsen Civil Rights Act.
David Murray, Elvine VanBolden, Mychael Foster, who are current employees, and Nirva Civilus, a former employee, are all identified in court filings as African American. Their roles in the Department of State included working at least part of the time in Wayne County.
Those claims are of intentional discrimination based on race and color, retaliation, hostile work environment and a pattern/practice of discrimination. Each of the four cited counts seeks compensatory damages of at least $25,000, along with exemplary damages of at least $25,000, lost wages and value of any benefits that would apply.
There is also a fifth count specifically on behalf of Civilus and directed to another staff member, Brittany Edwards, a labor relations specialist, on a claim of defamation involving statements made about Civilus' conduct.
The lawsuit alleges "unlawful discriminatory employment practices against its African American employees based on their race or color, retaliation against them for engaging in protected activity, creation and maintenance of an intolerable racially hostile work environment."
The lawsuit claims that the Department of State does not have clearly written or defined policies regarding hiring, promotions, the use of state vehicles, and the use of performance improvement plans. Without such guidance, the lawsuit claims, managers and supervisors have adopted a "pattern and practice" of rules and guidelines that are discriminatory toward Black employees and more favorable to employees of other ethnic or racial backgrounds.
One of the examples claimed in the lawsuit involved Murray, who expected a pay raise when moving into a new role, "but was denied the increase in his salary for reasons of race."
Murray also has been ordered to drive from the Detroit area to Lansing one day a week, even though his assigned workplace is in Detroit, the lawsuit said.
On behalf of Foster, the lawsuit claims that he was held to a "higher performance, organizational and policy standards than his white, similarly situated coworkers." In the lawsuit, Foster claims he was unfairly placed on a performance improvement plan and that those circumstances have affected his career path.
VanBolden's claims also include being placed on a performance improvement plan that prevented her from getting a raise that she expected.
The claims made by Civilus include refusing to terminate another employee over what she believed to be an unfair and unlawful decision regarding the woman's age. She also said he made multiple complaints about being "unlawfully discriminated against because of her race" when comparing job duties to colleagues.
She was also given a sudden termination that disrupted her health care because the medical benefits ended, the lawsuit says.
Benson, a Democrat who is term-limited in her current role, is among the candidates for Michigan governor during the 2026 election cycle. Before the lawsuit became publicly known, the Michigan Democratic Party Black Caucus had issued an endorsement of her candidacy for governor.
CBS News Detroit reached out to Benson's office for comment and received a reply that reads, in part:
"The allegations in this lawsuit are absolutely false," an agency spokesperson said. "Every member of the Michigan Department of State - from the top down - must follow the law, uphold the department's ethical standards, and come to work every day committed to serve the people of Michigan. The Secretary and department leadership do not tolerate any harassment, discrimination, or retaliation against any employee, customer, or Michigan resident based on their race, gender, or age.
"We will vigorously defend this case in court and continue to operate at the highest standards of transparency, ethics, and professionalism."
Specific to the circumstances of Civilus' termination, the agency representative said a review of state vehicle record usage for all department employees found "significant anomalies" with her vehicle reservations as compared to others within the Department of State.
The agency has "referred the results of our HR investigation to the Attorney General for further investigation for possible criminal charges," the spokesperson said.