FARMINGTON HILLS — On May 21 the Michigan Civil Rights Commission (MCRC) held a meeting in Lansing where they reviewed and concluded with a final order in the Barash v. SMART case deeming that the bus company owes the Chaldean man from Farmington Hills over $218,000 in damages.

The case dates back to 2003 when Mazyn Barash, an employee of the company at the time, claimed discrimination against other employees when they allegedly taunted him for being Arab, calling him names like “Sand Nig***” as well as sending him threatening letters during the peak of the Iraq war. 

Barash claimed that when he went to report the action of his employees to his superintendent Keith Taylor, he shot down his claims and instead told Barash “the fun is just beginning,” a claim that Taylor would later admit to in court.

Barash filed his complaints with the MCRC in 2004 when he was put on a leave of absence due to increased hostility against him at work. He was eventually terminated from the company in 2007, and since then he has remained unemployed but determined to move forward with the case which has seen many twists and turns.

Among them includes SMART filing an appeal against the MCRC after they had originaly found the company to be liable and required them to compensate Barash in the case. The company’s reason for appealing when they filed at the Ingham Country Circuit Court last November was that the MCRC based the decision off of “lack of evidence.” 

Barash told us last November what appalled him the most about SMART was that they had not terminated or suspended any of the employees or superintendents that had admitted to taunting him. Not only do those individuals still work for the company, but a couple of them had even gotten promotions. 

“It’s important to note that even during the commissions hearing on May 21, SMART showed absolutely no remorse and was still trying to justify the discrimination and my termination. SMART has had many opportunities to ensure a discrimination free work environment prior to and after the MCRC charge, but chose to thumb their nose at the civil rights department and actually promoted more discrimination, retaliation and even terminated me during the civil rights proceeding,” Barash stated.

The MCRC also ordered a cease and desist against the company from further discriminating against any employees in the workplace. Along with awarding Barash damages in the commission’s final order, they also deemed that SMART was liable for paying over $120,000 in attorney charges for both the law firms that were representing Barash. Previously SMART had suggested that Barash be held liable for all attorney fees pertaining to the case

“Nothing can replace the years of torment my client has suffered at the hands of his employer,” said Attorney and Michigan Advisory Board Chairman Shereef Akeel in a statement. “But Mazyn has been a champion in his efforts to rid of discrimination in the workplace.”

Barash suggests that the amount SMART owes him pales in comparison to the amount the company has spent all these years on attorney fees to try and fight this case instead of co-operating with his claims.

“The MCRC’s six figure award will not discourage SMART because they have spent tax payers money to an outside law firm for the last 8 years to justify the discrimination and will continue to spend more,” Barash added.

Barash not only cites irresponsibility on SMART’s behalf for the long tenure of this case, but he also points out that there were biased people who he feels had a hidden agenda working in favor of the company. He cites Barry Goldman, a hearing officer who originally justified SMART’s employee’s actions toward Barash as being “a natural part of the political climate,” when the MCRD originally held the company liable. Barash told us that not only did he feel Goldman could’ve potentially purposely delayed the case for months at a time, but that Goldman’s sister and SMART’s lead attorney’s daughter are friends, which could’ve led to a bias on his judgment.

Barash states that the fight is not over and he will continue with the matter. Still however, Barash says he is ultimately happy with the decision ruled by the MCRC, after over eight years of back and forth with his former place of employement.

“Justice has been served in part at this time and I will seek to be fully vindicated and compensated for the loss of my job due to SMART’s illegal actions and termination.”