EAST LANSING ― Michigan State University has asked a federal judge to dismiss a lawsuit filed by a former employee, Zhongxiao Michael Chen, who accused the school of discrimination based on race and age.
The legal battle between the two began in March, when Chen, 59, filed a lawsuit in the U.S. District Court for the Western District of Michigan, claiming the university fired him because of his race, national origin and age, and replaced him with someone in an equivalent position who was younger and a “natural-born” U.S. citizen.
Attorneys for MSU say Chen failed to file his lawsuit and pay court fees on time, that his discrimination claims were unfounded, and that they should be dismissed because state agencies like MSU are protected from claims for damages under the Age Discrimination in Employment Act under the Eleventh Amendment.
Chen’s Denver attorneys filed a response opposing MSU’s request to dismiss the case, prompting a new request from the university to dismiss.
In their second motion to dismiss, the university’s attorneys stated: “First, plaintiff’s lawsuit must be dismissed… because he failed to pay the filing fee within 90 days of receipt of his notice of right to sue. Accordingly, plaintiff’s lawsuit is untimely and must be dismissed in its entirety. Second, plaintiff’s lawsuit must be dismissed… because plaintiff’s amended complaint does not allege any plausible discrimination claims against MSU. Specifically, plaintiff has failed to establish that MSU replaced him with a person outside his protected classes or treated him differently than a similarly situated person outside his protected classes… Accordingly, plaintiff’s lawsuit must be dismissed in its entirety. Third, and in the alternative, plaintiff’s ADEA claim (Count II) must be dismissed for lack of jurisdiction… because the Eleventh Amendment prohibits plaintiff’s claim for damages under the ADEA against MSU, a state entity.”
University spokesman Mark Bullion declined to comment on the ongoing lawsuit. Chen’s attorneys could not be reached for comment Friday morning.
In MSU’s motions to dismiss, MSU attorneys explained that the university is a subrecipient of the U.S. Department of Agriculture’s IR-4 program, which is headquartered at North Carolina State University. North Carolina State University “coordinates research activities with four IR-4 Regional Center Subrecipients” and MSU is home to the North Central Region Analytical Laboratory, where Chen served as a senior academic specialist and director of quality assurance.
In November 2021, MSU was informed that the North Central Region Analytical Laboratory would close on July 31, 2022, and the IR-4 headquarters at North Carolina State University decided to no longer fund Chen’s position, according to attorneys for MSU.
“MSU was disappointed with the decisions to close the laboratory and remove funding for the QA position, which impacted the IR-4 program at MSU and would ‘result in the elimination of [Plaintiff’s] “The function of academic specialist,” said MSU lawyers.
Attorneys for MSU said Chen failed to make clear whether he was being replaced by someone outside his protected classes or whether the position was being eliminated altogether. They also said Chen failed to make clear whether MSU or a separate entity was responsible for his replacement.
Chen said in his initial complaint that he requested information from MSU through a Freedom of Information Act request and discovered that John Wise, an MSU supervisor, held “secret” meetings to determine what reasons could lead to Chen’s termination. These included if he was found guilty of professional misconduct, if his performance reviews indicated he was not meeting expectations and if his position was no longer funded.
Chen outlines in the lawsuit how every excuse was tried to get him fired. He says he was first accused of negligence in his role, but later acquitted. In March 2021, a supervisor said Chen was doing substandard work and actively hindering the department during a low-capacity period, and that they could not justify funding his position.
In Chen’s first complaint, he said a younger, white person had usurped his “equal position.”
Chen is seeking back pay for the time he was unemployed and reimbursement for moving expenses to a new job. He is also seeking full retirement benefits from the university. He said in the lawsuit that he was two years away from receiving full retirement benefits for 25 years of service.
Contact Sarah Atwood at satwood@lsj.com. Follow her on X @sarahmatwood.
This article originally appeared in the Lansing State Journal: MSU Wants Former Staff Member’s Race, Age Discrimination Lawsuit Dismissed
