Appeals court rules racial bias lawsuit at LAX can proceed.

An Appellate District court ruling has revived a lawsuit by a former employee of Mercury Air Group Inc. who alleges that the company discriminated against blacks at its Los Angeles International Airport facility.

"He gets a second shot at the case," said Pamela Teren, a partner at Abrolat & Teren LLP representing the plaintiff, Michael Marigny. "He gets to pursue his claims that he was discriminated against and harassed and that Mercury negligently failed to stop it once it was occurring."

According to court documents, Marigny claims several co-workers and low-level managers consistently made racially derogatory remarks when referring to black employees.

On May 18, 1999, Marigny met with his manager, a duty manager and three trainees to determine the cause of a refueling mistake that caused a plane to be delayed.

One trainee, Robert Willard, a white man in his 20s, referred to Marigny, who is in his 40s, as a "boy," a "gangster" and used a racial slur, according to court documents.

Marigny made a formal complaint with the company but received no response. Steve Antonoff, human resources director at Mercury, denied that any employee heard the racially offensive remarks and added that "everyone has a right to express themselves," according to court papers.

Marigny, who was fired on Dec. 30, 1999, sued Mercury Air for discrimination and retaliation, negligence, wrongful termination and emotional distress. An L.A. Superior Court judge threw out all but one of his claims, which was turned down by a jury. The jury, however, awarded Marigny $115,000 for emotional distress.

The recent appellate ruling by a three-judge panel in 2nd Appellate District reversed the lower court ruling on all the claims, including requests for punitive damages, and sent back the $115,000 emotional distress award, which the panel suggested should have been higher.

Ken Markowitz, a partner at Kenney & Markowitz LLP representing Mercury Air, said the company refutes Marigny's allegations. "Our position and Mercury's have not changed," he said. "His allegations are not meritorious."

He called Antonoff's alleged statement "an uncorroborated allegation." Further, Markowitz said, Marigny was fired because he failed to give employment information needed for a new security badge issued to all employees at LAX as part of Year 2000 preparations.