KY’s BlueOval employees sue EV battery maker for civil rights violations
BlueOval SK employees filed a lawsuit against their employer on claims bosses at the now defunct joint venture to make batteries for electric vehicles in Kentucky are in violation of the state’s civil rights act.
Seven plaintiffs, who are all current or former BlueOval SK employees, said in the lawsuit their employer is in violation of the Kentucky Civil Rights Act “for disability discrimination, hostile work environment, failure to accommodate, race discrimination, and retaliation.”
The almost 40-page lawsuit filed in Hardin Circuit Court Jan. 7 comes less than a month after BlueOval SK — the joint venture between Ford Motor Co. and South Korean company SK On — announced its split and restructure will result in 1,500 Kentuckians losing their jobs next month.
It’s also the latest in a series of legal actions filed against the battery plant by its employees who have claimed in two separate cases they were not accurately compensated. Employees have also decried the workplace for poor, unsafe working conditions and while attempting to unionize, said management tried to interfere.
A spokesperson for BlueOval SK did not immediately respond to requests for comment and neither did the plaintiffs’ attorney, Abigail Lewis, from Louisville-based firm Adams Landenwich Lay.
One of the plaintiffs — an employee who began working for BlueOval SK in June 2024 and does not have a right hand — alleges in the latest lawsuit he was denied multiple verbal and written requests for disability accommodations before being moved to another position and intimidated when he reported the incident to human resources.
Another plaintiff — a former employee who was the only Black person to work under his team manager — said in the suit he was repeatedly on the receiving end of racist comments and pressured to write false statements about his colleagues in exchange for a promotion. When he refused, he was denied the promotion and later, the suit said, wrongfully terminated after filing a complaint with the U.S. Equal Employment Opportunity Commission.
A third plaintiff who also said in the suit she was wrongfully terminated was falsely accused of refusing to hand out anti-union flyers and was required to attend meetings none of her male counterparts had to. As the only female supervisor, the plaintiff also said in the suit she and other female employees were excluded from communications that were kept among male staff and that she was made to work in a hostile environment for her anxiety disability.
Two additional plaintiffs, one who had arthritis in his knees and another who had chronic obstructive pulmonary disease, both said in the suit they were wrongfully terminated and faced disability discrimination in the workplace.
A seventh plaintiff who was injured at work said the incident was not documented properly then he was not given the appropriate workers’ compensation information before having a heart attack at work. Disabilities resulting from both incidents were not accommodated for, the lawsuit said.
The group of seven current and former employees are requesting a trial by jury, compensatory damages, back and front pay and full benefits, attorneys’ fees and punitive damages, or punishment against the defendant — in this case, BlueOval — for their “willful, wanton, oppressive, fraudulent, malicious, and grossly negligent conduct,” the lawsuit said.
Other legal action
In September — roughly a month after commercial production of batteries began at the plant — workers claimed in a class action lawsuit they hadn’t been fairly compensated for required work activities they do before and after their scheduled shifts.
That complaint alleged compensable time was rounded to assigned start and end times, rather than beginning when safety equipment is put on, then later taken off.
BlueOval SK, workers said in the lawsuit, was in violation of the Kentucky Wages and Hours Act and the Fair Labor Standards Act for the “unlawful practice of refusing to pay” employees.
The battery plant has twice motioned to dismiss the case on grounds the suit was filed in the wrong jurisdiction. The case is still pending and the plaintiff, or the team of attorneys representing the workers, have until Jan. 16 to file a response.
Recent BlueOval SK changes
Ford Motor Co. and SK On began building the nearly $6 billion, 1,500-acre Hardin County campus in 2022. Two plants, each estimated at the time to employ 2,500 people, are being built at the site. Only one plant, Kentucky 1, was operating with about 1,500 people on payroll before the joint venture split in early December.
Rather than using the facilities outside of Elizabethtown to make parts for electric vehicles, Ford Motor Co. will repurpose the space to make energy storage systems for data centers, utility companies and large-scale industrial and commercial companies.
The split comes as electric vehicle demand slows and federal tax credits for their purchase sunset. During last year’s third quarter, SK On reported an operating loss of nearly $85 million, nearly double the losses reported during the preceding quarter due in part to a decreasing number of battery shipments.
Ford leadership said after the split’s announcement the automaker’s electric vehicle investments and assets had lost about $19.5 billion in value, much of which was from the costs associated with canceling fully electric models due to decreasing demand.
The company’s CEO Jim Farley has warned since tax credits ended Sept. 30 that profit from EV sales would drop significantly as they take up less of the market.
In July, August and September of last year, Ford sold 545,522 vehicles, an increase of more than 8% in sales compared to the same quarter in 2024. About 15% of sales, or 85,789 vehicles, were Ford’s hybrid and EV models.
The joint venture’s end means roughly 1,500 people will be laid off.
Those workers will have the opportunity to apply for one of 2,100 positions with the Ford subsidiary anticipated to take over running the facility.
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