Although an August 1997 discrimination lawsuit filed by a former project planner for the University's facilities-management division was dismissed last March after the two sides reached a settlement, the plaintiff has refused to sign the final agreement, creating an impasse in the case. U.S. District Judge Anita Brody could hand down a decision any day on whether to reinstate Bah Bai Makenta's lawsuit or enforce a confidential settlement with the University. In his lawsuit, Makenta, a 59-year-old African-American Muslim, accused the University of consistently paying him less than white project planners and giving him unfair performance evaluations and an unjust increase in his workload. He sought unspecified damages. The University "completely denies all of the allegations," said Penn outside counsel Neil Hamburg, a former associate general counsel for the University. Makenta was still a University employee when he filed the lawsuit. But he lost his job last spring when Penn outsourced management of its buildings to Dallas-based Trammell Crow Co. "We believe the [final] settlement agreement had matters in it that were not in the [original] settlement," Makenta's attorney, Rosemarie Rhodes, said yesterday. Rhodes had filed a motion asking for the case to be reinstated because of a provision barring Makenta from ever applying to the University or any of its subsidiaries for future employment. Upon the settlement agreement, the case was dismissed with prejudice, meaning that the suit cannot be refiled without a judge's approval. Neither side would say whether the University would pay Makenta or admit fault in the settlement, citing the agreement's confidentiality provision. The defense's cross-motion to enforce the settlement was not immediately available. Makenta, a resident of the 4300 block of Chestnut Street, said in an interview that "a black has to come to this with credentials and experience just to get an interview [for a University job]." He likened Penn's employment policy to a "250-year-old plantation system." But Omar Blaik, the University's vice president for facilities services and contract management, said Makenta "was laid off with everyone else that was laid off" upon the outsourcing to Trammell Crow. "He was interviewed as they were required by the contract," Blaik said. "He was among the few who were not awarded a job." Rhodes, Makenta's attorney, said that "if the matter is reinstated, there is a lot of information and evidence that would be available to support Mr. Makenta's claim." Currently, one of the seven or eight University-employed workers in the facilities-management division is black, according to Blaik, who said he is also a Muslim. Makenta is no stranger to controversy at the University. In an infamous 1995 incident, Makenta and a black female student were barred from attending a White Women Against Racism support group meeting because of their race. The two argued with Penn Women's Center Director Elena DiLapi for almost an hour until the student left in tears.
The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn.
DonatePlease note All comments are eligible for publication in The Daily Pennsylvanian.
