Lawsuit a potential setback for NASCAR
By Wippz on Jun 18, 2008 in Automobile, NASCAR

The $225 million lawsuit filed last week against NASCAR alleging sexual and racial discrimination poses a significant threat to the sport’s reputation by reinforcing old stereotypes and undermining its efforts to diversify.
Former Nationwide Series official Mauricia Grant, 32, who is black, alleges 23 incidents of sexual harassment and 34 of racial and sexual discrimination in the suit filed in federal court in New York. She was terminated in October 2007 after three years on the job, with NASCAR citing poor job performance
Even if the suit ultimately is dismissed, which occurs in about 70 percent of such cases because of the difficulty of proving the allegations, NASCAR won’t escape unscathed. And if a substantial number of the charges turn out to be true and Grant either wins at trial or receives a sizable settlement, it raises the question of whether this was an isolated case or endemic to the work environment and indicative of deeper-rooted problems.
Michael Pitts, an associate professor at Virginia Commonwealth University who teaches a course on the business of NASCAR, said much will depend on the manner in which NASCAR handles it.
“I’m curious to see how they respond to this. It could go a long way toward showing what kind of organization they are,” he said. “If the suit turns out to be valid, then obviously it’s a blow to the sport. Either way it goes, they’re probably going to lose a little bit.”
NASCAR’s response so far has been to say it has launched an investigation and would have done so two years ago, when Grant alleges the problems began, had she come forward then.
“She didn’t report anything to anybody,” NASCAR CEO Brian France said Sunday at a hastily-called news conference at Michigan International Speedway. “If this had been brought to our attention, we would have investigated. She chose to make it about money, and we’ll deal with that.”
Grant’s attorney, Benedict Morelli, called that a lame defense.
“They’re not saying that it didn’t happen, just that it wasn’t reported,” he told USA Today. “If they’re going to be saying that kind of stuff, I want to see them prove it.”
Grant’s allegations appeared to gain credence when two Nationwide Series officials, Tim Knox and Bud Moore, were sent home last weekend from Kentucky Speedway. They allegedly exposed themselves to Grant, which France did not confirm.
“Obviously, we found some violations to our policy,” he said, “but I would not jump to the conclusion that all the allegations the claimant has made against us are accurate.”
Alba Colon, who was born in Spain and raised in Puerto Rico, is the highest-ranking woman in NASCAR as head of General Motors’ Sprint Cup program. As a regular speaker at college campuses and job fairs recruiting for NASCAR’s diversity program, her experience is far different than that expressed in Grant’s lawsuit.
“It’s not right for me to comment on something I don’t know about,” she said of the suit, “but I can say that I have always been treated with respect. I have a great relationship with the people here. They’re like family to me.”
Most drivers were reluctant to comment on the suit other than to express surprise. Jeff Burton was among the few willing to amplify.
“I know Brian France is committed to this being a diverse garage and welcoming to anybody and everybody,” he said. “Whether we’ve had enough success at it or not, I don’t know. I do know that I want this to be a garage that is a cross section of America. I can honestly tell you that I’ve never spoken to anybody that doesn’t believe the same thing.”
NASCAR has made visible progress in the past few years with more minorities and women among its staff and officials, as well as team and sponsor executives and the crews. But on the track, where it would be most visible to the public, NASCAR lags behind other racing organizations.
The Indianapolis 500 has had three women in the starting field each of the past two years, and the NHRA has a long history of diversity, with two black drivers (Antron Brown and J.R. Todd) among the title contenders in Top Fuel and two women (Ashley Force and Melanie Troxel) each winning races this year in Funny Car.
The Sprint Cup circuit, meanwhile, remains all male and all white other than Colombian-born former CART and Formula One star Juan Pablo Montoya. NASCAR vice president Jim Hunter maintains it’s not from lack of trying.
“You can’t just go out and pick somebody. In this sport, you have to prove yourself,” he said. “Take a guy like Juan Pablo, who’s obviously one of the most talented drivers in the world. If it’s hard for him, imagine how hard it is for somebody just starting out.”
Pitts, the VCU professor, said the lawsuit is going to compel NASCAR to review its hiring and training practices and in the long run could have a positive impact on promoting diversity in the sport.
“My hope is this might actually speed it up,” he said. “It could force NASCAR to say they’ve got to do more and they’ve got to do it more quickly.”
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