Johnson v. Kelly Services, Inc.

CourtDistrict Court, E.D. Michigan
DecidedOctober 1, 2025
Docket2:25-cv-10570
StatusUnknown

This text of Johnson v. Kelly Services, Inc. (Johnson v. Kelly Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Kelly Services, Inc., (E.D. Mich. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BYRON JOHNSON and BRIAN TAYLOR,

Plaintiffs, Case No. 2:25-CV-10570

v. Hon. Brandy R. McMillion United States District Judge KELLY SERVICES, INC.,

Defendant. /

OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAYING THE ACTION (ECF NO. 8)

Plaintiff Byron Johnson (“Johnson”) and Brian Taylor (“Taylor”) (collectively, “Plaintiffs”) bring this discrimination and retaliation lawsuit against their former employer, Defendant Kelly Services, Inc. (“Kelly” or the “Company”) for violations of 42 U.S.C. § 1981, the Michigan Elliott-Larsen Civil Rights Act (“ELCRA”), and Title VII of the Civil Rights Act of 1964. See generally ECF Nos. 1, 14.1 Currently before the Court is Kelly’s Motion to Compel Arbitration. ECF No. 8. The Motion has been adequately briefed so the Court will rule without a hearing. See ECF Nos. 9, 11; E.D. Mich. LR 7.1(f)(2). For the reasons explained

1 The Compliant was originally filed on February 28, 2025, but amended on September 15, 2025 to include the Title VII claim after receiving a Right to Sue Letter from the Equal Employment Opportunity Commission (“EEOC”). See ECF Nos. 1, 14. below, the Court GRANTS Defendant’s Motion to Compel Arbitration (ECF No.

8), COMPELS the Parties to arbitrate all claims, and STAYS the action pending completion of arbitration. I. Around June 1, 2002, Johnson began working for Kelly. ECF No. 1,

PageID.3. Johnson worked for the company for over 22 years and last held the position of Senior Service Manager while working in Atlanta, Georgia. Id. Taylor began his employment with Kelly around May 1, 2023. Id. Taylor worked in North

Carolina and last held the position of Account Manager. Id. Both, Johnson and Taylor, identify as African-American men. Id. at PageID.2. In February 2024, the Mecklenburg County Department of Health (the “Department”) contacted Taylor and requested information such as names,

addresses, birthdates, and telephone numbers of all Kelly employees who were potentially impacted by a possible tuberculosis outbreak (the “Requests”) at Bic Corporation’s facility—one of Kelly’s largest customers. Id. at PageID.4. Carrie

McCrillis (“McCrillis”), Kelly’s Account Director and Taylor’s manager, previously told Taylor that Johnson was the “go-to-person” for any inquires to generate reports. Id. at PageID.3-4. So in March 2024, Taylor requested Johnson provide him with the information the Department requested. Id. at PageID.4-5. Neither Taylor nor Johnson had prior experience with this type of Request.

Id. at PageID.5. The Department followed up several times for additional and complete information, so Taylor and Johnson reached out to other Company employees for assistance. Ultimately, three other Kelly employees—Jesse Worrell (“Worrell”), Nickolas Kowalczyk (“Kowalczyk”), and Pinakin Patel—had to assist

in completing the Department’s Request. Id. at PageID.5-7. The Complaint underscores that Worrell and Kowalczyk are both Caucasian. Id. at PageID.5-6. On May 2, 2024, Ashley Rahimpour (“Rahimpour”), Kelly’s Human

Resources Advisor, contacted McCrillis, Johnson, and Taylor, asking that they email Rahimpour the Requests from Department. Id. at PageID.7. Rahimpour also questioned Plaintiffs about who from the Company’s Legal team authorized them to disclose full birthdates of Kelly employees to the Department. Id. On the same day,

McCrillis laughingly asked Taylor, “Are our two black guys gonna get locked up?” Id. Johnson overheard the comment and reported it to Kelly’s Vice President of Operations, Christie Santangelo, who is also Johnson’s manager. Id. at PageID.3, 7-

8. Shortly thereafter, on May 8, 2024, Plaintiffs received an email from the Company’s HR department, requesting an email memorializing McCrillis’ alleged slur. Id. at PageID.8. On May 9, 2024, the Company terminated Johnson and Taylor’s employment for “violating a specific provision of Kelly’s Code of Ethics:

‘We are responsible for our actions, outcomes, and reputation.’” Id. Despite being two of at least four individuals involved in responding to the

Department’s Requests, Plaintiffs—the only two African-Americans—were the only ones terminated. Id. As a result, on October 31, 2024, Plaintiffs filed a Title VII claim with the EEOC against Kelly. Id. at PageID.9. On February 28, 2025, this action followed. See ECF No. 1. The Complaint originally included claims for

violations of 42 U.S.C. § 1981 and ELCRA but was amended to include Plaintiff’s Title VII claims after the EEOC issued a right to sue. See ECF No. 14. In lieu of answering the Complaint, Defendant filed this Motion to Compel Arbitration and

Stay the Action. ECF No. 8. Defendant argues that Taylor entered into a “DISPUTE RESOLUTION AND MUTUAL AGREEMENT TO BINDING ARBITRATION” (the “Arbitration Agreement” or the “Agreement”) when he signed the written agreement at the start

of his employment with Kelly in April 2023. ECF No. 8; PageID.38. Defendant also alleges Johnson entered into the same Agreement on November 8, 2022, when he used a unique ID and password to complete the “Mutual Agreement to Arbitrate

Disputes - all but California 2022” training, “Acknowledged” his completion of the training, then continued his employment at Kelly. Id. The agreement states in relevant part: 1. Agreement to arbitrate. Kelly Services, Inc. and its subsidiaries (“Kelly” or “Kelly Services”) and I agree to use binding arbitration, instead of going to court, for any “Covered Claims” that arise between me and Kelly Services, its related and affiliated companies, any current or former employee of Kelly Services or any related or affiliated company and/or its clients or customers. I understand and agree that this Agreement is intended by the parties to be enforceable by me and Kelly, and the rights and obligations under this Agreement directly apply to and benefit me and Kelly Services, Inc. and its subsidiaries, regardless of which of those entities signs this Agreement. This Agreement will survive and apply to any and all periods of employment or re-employment with Kelly Services. This Agreement is not mandatory for people who reside or work in California, and if I work or reside in California, I understand that the decision to sign this Agreement to Arbitrate is entirely my own, and that neither my hiring nor continued employment with Kelly is conditioned upon signing this Agreement to Arbitrate. ECF No. 8-2, PageID.57. As a result, Defendant requests the Court compel the Parties to arbitrate Plaintiffs’ claims and stay this case until arbitration is concluded. ECF No. 8, PageID.27. The Parties have adequately briefed the Motion so the Court will rule without a hearing. See ECF No. 8-9, 11; E.D. Mich. LR 7.1(f)(2). II. The Federal Arbitration Act (“FAA” or the “Act”) governs arbitration agreements. 9 U.S.C. § 1 et seq. Under Section 2 of the Act, “[a] written provision in . . . a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceable,” unless there are legal or equitable grounds “for the

revocation of any contract . . .” 9 U.S.C. § 2. Thus, “arbitration agreements [are] on an equal footing with other contracts” and courts must “enforce them according to their terms.” Rent-A-Ctr., W., Inc. v. Jackson, 561 U.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tyler v. Union Oil Co. of California
304 F.3d 379 (Fifth Circuit, 2002)
First Options of Chicago, Inc. v. Kaplan
514 U.S. 938 (Supreme Court, 1995)
Keith Dawson v. Rent-A-Center
490 F. App'x 727 (Sixth Circuit, 2012)
Mazera v. Varsity Ford Management Services, LLC
565 F.3d 997 (Sixth Circuit, 2009)
Fromm v. Meemic Insurance
690 N.W.2d 528 (Michigan Court of Appeals, 2005)
Nestle Waters North America, Inc. v. Bollman
505 F.3d 498 (Sixth Circuit, 2007)
Cecilia Tillman v. Macy's Inc.
735 F.3d 453 (Sixth Circuit, 2013)
Aft Michigan v. State of Michigan
866 N.W.2d 782 (Michigan Supreme Court, 2015)
Higgs v. Automotive Warranty Corp. of America
134 F. App'x 828 (Sixth Circuit, 2005)
Jonathan Gaffers v. Kelly Servs., Inc.
900 F.3d 293 (Sixth Circuit, 2018)
Timothy Boykin v. Family Dollar Stores of Mich.
3 F.4th 832 (Sixth Circuit, 2021)
I. C. v. StockX, LLC
19 F.4th 873 (Sixth Circuit, 2021)
Huntington National Bank v. Aronoff Living Trust
853 N.W.2d 481 (Michigan Court of Appeals, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
Johnson v. Kelly Services, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-kelly-services-inc-mied-2025.