Cleveland Stegall was an information technology worker for Fiat Chrysler when he voiced concerns about asbestos in his workplace and the risk of malignant mesothelioma. When the company failed to act, he reported the hazards to state and federal authorities and was fired. Since then, multiple courts have weighed in on the protections offered to workers who are fired for reporting hazardous conditions.
Whistleblower Lawsuit Originated with Mesothelioma Concerns
Mr. Stegall is well aware of the risk of mesothelioma and other diseases that are associated with asbestos exposure, and when he observed signs warning of asbestos and dust on the floor of the assembly plant area where he was working, he filed an internal complaint. He refused to work in the area and demanded personal protective equipment be provided, and air quality tests be performed.
In response to his mesothelioma concerns, the auto company brought in an in-house health and safety manager and an outside consultant, both of whom dismissed his concerns. He then reported the factory to the state and federal Occupational Safety and Health Administration. When he was fired, he filed a whistleblower lawsuit, accusing the company of retaliating for his legally protected actions, but the company argued that his entire shift was eliminated due to the elimination of the auto model he worked on.
Court Weighs Employee Rights in Asbestos-Based Claim
When Mr. Stegall’s voicing and reporting of his mesothelioma-based concerns were followed by being fired, he took his former employer to court, accusing them of retaliatory termination. Though the company’s motion to dismiss was granted and an appeals court upheld that decision, the Michigan Supreme Court agreed to hear the case and then ruled that he did have the right to sue. The court said that employees who are fired for reporting a workplace safety violation have a private cause of action.
Though asbestos is thought of as a problem of the past, the contamination that Mr. Stegall saw in his former workplace is a common problem for buildings constructed before the 1980s and poses a real risk of malignant mesothelioma and other asbestos-related diseases. His actions today may have protected him from a diagnosis decades in the future.
If you or someone you love are diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help you with the resources and information you need. Contact us today at 1-800-692-8608 to learn more.
