He texted DSM Biomedical leadership a link to a song called “Rat in mi Kitchen.”
A Black factory manager who took a new job, after he was suspended for texting two perceived threats to an employee group chat, failed to establish race discrimination or retaliation, despite his claims that a white executive discriminated against him by doing an extra safety audit, keeping his factory on a list of sites with safety problems, and being rude. Though he alleged discriminatory acts, none of them harmed an identifiable term of his job, the court found, and he pointed to no evidence that any of them was motivated by his race (Gabriel v. DSM Biomedical, Inc., No. 25-2630 (3d Cir. Aug. 13, 2026)).
DSM Biomedical. DSM, according to the appeals court, is a European conglomerate with many divisions, including one for Health, Nutrition, and Care. One unit of the Health Division is DSM Biomedical. DSM routinely audits safety across its various sites.
Top ten. It keeps a list of the top ten sites company-wide that need safety improvements, using that list to monitor them and help them improve. The corporate Safety, Health, and Environment Department develops and proposes the top-ten list based on the number of injuries, injury rate, seriousness of incidents, and safety culture at each site. When one of the sites on the list falls within the Health Division, the Health Division President can veto the choice. In practice, however, he always followed the Safety Department’s recommendations...
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