Man Sues Shinola Hotel For Alleged Racial Discrimination

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE
DWIGHT JACKSON,
Plaintiff,
Case No. 24- -CD
Honorable
-V-
SHINOLA HOTEL,
Defendant.
NICHOLE OMILION (P86380) KEVIN S. SIMON

JONATHAN R. MARKO (P72450) FISHER & PHILLIPS LLP
MARKO LAW, PLLC Attorney for Defendant
Attorneys for Plaintiff 10 South Wacker Drive, Suite 3450
220 W Congress, Fourth Floor Chicago, IL 60606
Detroit, MI 48226 Phone: (312) 260-4753
Phone: (313) 777-7529 [email protected]
Fax: (313) 470-2011
[email protected]
COMPLAINT
NOW COMES the above-named Plaintiff, by and through his attorneys, MARKO
LAW, PLLC, and for his Complaint against the above-named Defendant, states as follows:
JURISDICTION AND VENUE
1. Plaintiff Dwight Jackson is a 27-year-old African American man residing in Detroit,
County of Wayne, Michigan.
1
2. Defendant Shinola Hotel is a domestic limited liability company located and
conducting business in the City of Detroit, County of Wayne, State of Michigan.
3. The transactions and occurrences giving rise to this action took place in the County
of Wayne, State of Michigan.
4. The amount in controversy greatly exceeds this Court’s jurisdictional requirement.
FACTUAL ALLEGATIONS
5. Jackson, by reference, incorporates the preceding paragraphs of this Complaint as
though fully set forth herein.
6. Dwight Jackson is a 27-year-old African American man.
7. Jackson applied to Defendant on multiple occasions from January 2024 to April
2024 as Dwight Jackson with his resume.
8. Jackson was not contacted by Defendant to undergo the interview process for the
positions to which he applied.
9. Jackson applied to Defendant twice for similar positions under a more readily
apparent Caucasian name, under the alias “John Jebrowski,” using the exact resume, in
which he was contacted by Defendant to undergo the interviewing process the same week.
10. Jackson established that the Defendant’s consideration of candidates was based on
the racial appearance of the applicant’s name.
11. Shortly after Jackson underwent the interview process, he was informed that he was
no longer a viable candidate for the position.
2
12. Upon information and belief, Jackson’s applications were disregarded by Defendant
due to discrimination of his race.
13. Jackson has suffered and continues to suffer emotional distress as a result of the
discrimination regarding his race to which he endured illegal disqualification of the
position.
14. As a result of Defendant’s actions and inactions, Jackson has suffered and will
continue to suffer extensive damages, including but not limited to the following:
a. Stress;
b. Humiliation;
c. Emotional Damages;
d. Non-economic Damages;
e. Exemplary Damages;
f. Economic Damages; and
g. All other injuries to be discovered throughout discovery.
COUNT I - VIOLATION OF MICHIGAN ELLIOTT LARSEN CIVIL RIGHTS

ACT
(Disparate Treatment)
15. Plaintiff, by reference, incorporates the preceding paragraphs of his Complaint as
though fully set forth herein.
16. At all material times, Plaintiff was an applicant, and Defendants were his desired
employer, covered by and within the meaning of the Michigan Elliott-Larsen Civil Rights
Act, MCL 37.2101, et seq.
17. Plaintiff as an African American, is part of a protected class under the Michigan
Elliot-Larsen Civil Rights Act, MCL 37.2101, et seq.
3
18. Due to Plaintiff’s race, he was denied an employment opportunity with Defendant.
19. Defendants, through its agents, representatives, and employees, were predisposed
to discrimination on the basis of race and acted in accordance with that predisposition.
20. Defendants, through its agents, representatives, and employees, treated Plaintiff
differently from similarly situated applicants in the terms and conditions of employment
based on the unlawful consideration of race.
21. Defendants’ actions were intentional in disregard to Plaintiff’s rights and
sensibilities.
22. Defendants are vicariously liable for the violation of Plaintiff’s Rights under the
Michigan Elliott-Larsen Civil Rights Act pursuant to the doctrine of respondeat superior.
23. As a direct and proximate result of Defendants’ unlawful actions, Plaintiff has
sustained and continues to sustain injuries and damages.
COUNT II- VIOLATION OF THE MICHIGAN’S ELLIOT-LARSEN CIVIL

RIGHTS ACT
(Retaliation)
24. Plaintiff, by reference, incorporates the preceding paragraphs as though fully set
forth herein.
25. Defendant retaliated against Plaintiff for applying to Shinola Hotel, opposing the
unlawful hiring practices, and complaining to Shinola Hotel about such practices,
which are protected activities under ELCRA.
4
26. In response to Plaintiff’s participation in these protected activities, Plaintiff was
punished without justification by Defendant, including, but not limited to, denying
Plaintiff employment at Shinola Hotel, among others to be discovered through the
course of litigation.
27. Defendant’s actions were willful, intentional, and/or made in reckless disregard of
Plaintiff’s rights and sensibilities.
28. Defendant’s actions were a direct and proximate result of Plaintiff’s injuries.
Shinola Hotel showed interest in hiring “John Jebrowski” when he presented to be
a Caucasian male. When Defendant found out Dwight Jackson, an African
American male, opposed Shinola Hotels discriminatory hiring practices, he was
denied employment.
29. As a direct and proximate result of Defendant’s actions, Plaintiff has suffered and
continues to suffer damages and injuries.
WHEREFORE, Plaintiff respectfully request this Honorable Court enter a
judgment against Defendants in such an amount as the trier of fact shall deem fair and
just, together with interest, costs and attorney fees, and for such other and further relief
as this Honorable Court may deem appropriate.
5
Respectfully submitted,
/s/ Nichole A. Omilion

Nichole A. Omilion (P86380)
MARKO LAW, PLLC
220 W Congress, Fourth Floor
Detroit, MI 48226
(313) 777-7529 / Fax: (313) 470-2011
Dated: July 03, 2024 Email: [email protected]
PROOF OF SERVICE
The Undersigned certifies that the forgoing instrument was served upon all parties to the above cause to
each of the attorneys of record herein at their respective addresses disclosed on the pleadings on July 3,
2024
US Mail Fax
Hand Delivered Overnight Carrier
Certified Mail E-File/E-Mail
Signature: /s/ Alalah Melendez

Man Sues Shinola Hotel For Alleged Racial Discrimination

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

NICHOLE OMILION (P86380) KEVIN S. SIMON

JURISDICTION AND VENUE

1. Plaintiff Dwight Jackson is a 27-year-old African American man residing in Detroit,

County of Wayne, Michigan.

conducting business in the City of Detroit, County of Wayne, State of Michigan.

of Wayne, State of Michigan.

4. The amount in controversy greatly exceeds this Court’s jurisdictional requirement.

though fully set forth herein.

6. Dwight Jackson is a 27-year-old African American man.

7. Jackson applied to Defendant on multiple occasions from January 2024 to April

2024 as Dwight Jackson with his resume.

positions to which he applied.

the racial appearance of the applicant’s name.

no longer a viable candidate for the position.

due to discrimination of his race.

discrimination regarding his race to which he endured illegal disqualification of the

COUNT I - VIOLATION OF MICHIGAN ELLIOTT LARSEN CIVIL RIGHTS

15. Plaintiff, by reference, incorporates the preceding paragraphs of his Complaint as

though fully set forth herein.

Act, MCL 37.2101, et seq.

Elliot-Larsen Civil Rights Act, MCL 37.2101, et seq.

based on the unlawful consideration of race.

21. Defendants’ actions were intentional in disregard to Plaintiff’s rights and

sustained and continues to sustain injuries and damages.

COUNT II- VIOLATION OF THE MICHIGAN’S ELLIOT-LARSEN CIVIL

which are protected activities under ELCRA.

Plaintiff employment at Shinola Hotel, among others to be discovered through the

Plaintiff’s rights and sensibilities.

Shinola Hotel showed interest in hiring “John Jebrowski” when he presented to be

a Caucasian male. When Defendant found out Dwight Jackson, an African

American male, opposed Shinola Hotels discriminatory hiring practices, he was

continues to suffer damages and injuries.

WHEREFORE, Plaintiff respectfully request this Honorable Court enter a

as this Honorable Court may deem appropriate.

/s/ Nichole A. Omilion

Signature: /s/ Alalah Melendez

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