Lenny Avery

ALCONA — Lenny Avery, the former executive director of the Alcona County Commission on Aging, has filed a lawsuit against the commission, claiming racial discrimination and a hostile work environment.

The suit was announced by Avery’s attorney, Joseph Lucas, of Skupin and Lucas, a law firm known for specializing in civil rights cases.

The lawsuit, filed in the U.S. District Court for the Eastern District of Michigan, seeks damages for economic loss, emotional distress, and reputational harm.

No one from the commission could be reached for comment.

According to the law firm, Avery alleges that, after a change in the commission’s Board of Directors in October 2022, he became the target of racial discrimination by some board members and a local political group.

“The ACCOA board’s actions violated Mr. Avery’s rights,” Lucas said. “We are committed to seeking justice for Mr. Avery and ensuring that no individual faces similar treatment in the future.”

Avery’s lawsuit details various claims of misconduct by the commission’s board. He alleges that the board ignored the employee handbook’s progressive discipline policy by placing him on unpaid leave without prior warnings. When Avery requested an independent investigation, it was denied, leading four board members to resign in protest.

One incident in the lawsuit involves a board member allegedly falsely reporting Avery as a threat at a public meeting in January 2023, which led to sheriff’s deputies being called. The lawsuit claims that was a racially motivated attempt to portray Avery as an “angry Black man.”

Shortly after, Avery was terminated through an undated letter and was replaced by a white woman. The lawsuit also mentions a Feb. 7 email from a group called the Alcona Conservatives, which used the commission’s letterhead to post a photo of Avery with the headline, “Is this What Malfeasance Looks Like?”

Lucas highlighted Avery’s strong track record and the sudden shift in the board’s behavior.

“Mr. Avery had really an exemplary career with the ACCOA,” Lucas said. “He worked there for a couple of years with only good reviews and even secured a $12 million grant for the construction of a new building. Then, in October 2022, several new members got elected to the board, and it was like night and day. They basically pushed him out in about two months. We think it was motivated by race.”

Lucas also discussed the expected timeline for the case, noting how federal courts typically handle such matters. He said that the process generally involves four to five months of discovery, during which both parties exchange information, take depositions, and review records.

“Typically, the defendant will file a motion to dismiss the case on a legal technicality, and then the court will hear that,” he said.

Lucas added that, if the court denies that motion, the case often moves toward a settlement meeting. Many cases are resolved out of court, he said.

“We are going to seek damages for lost wages, injury to his reputation, and impairment of his future earning potential,” Lucas said. “We’ve retained a University of Michigan economist as an expert witness, who will testify that this termination is going to affect Mr. Avery’s future employability and career path.”

Avery now works as economic development coordinator for the Alpena Area Chamber of Commerce and economic development firm Target Alpena.

Temi Fadayomi can be reached at 989-358-5693 or tfadayomi@thealpenanews.com.