NEW ORLEANS – A Texas mechanical engineer, with more than 25 years of experience in the chemical industry, has filed a federal lawsuit against his former employer, Dow Chemical, over its “inclusion and diversity metrics.”
Plaintiff Jack Goss, who is white, filed his lawsuit October 28 in U.S. District Court for the Eastern District of Louisiana.
The named defendants include The Dow Chemical Company, Dow Infraco LLC, and Dow Infra Opco LLC.
“This case concerns a corporation that paid its leaders to make employment decisions based on race, resulting in a 19-year employee being denied a promotion because of his race and retaliation against the employee once he objected,” the 36-page complaint states.
Goss’s office was located at Dow’s St. Charles Operations in Hahnville, Louisiana.
Dow hired Goss in November 2005.
From April 2010 to August 2012, Goss served as operations leader at Dow’s Salt Dome Operations in Freeport, Texas, a brine-mining and hydrocarbon-storage complex within Dow’s Mining, Storage, and Pipeline, or MSP, business.
Salt Dome Operations is the same type of facility and technology as Grand Bayou Operations in Louisiana and roughly three times its size.
As operations leader at Salt Dome Operations, Goss supervised 20 direct reports and managed a $32 million budget. Dow rated him at the top of its performance scale and named him to its corporate High Potential list, Goss notes in his lawsuit.
From August 2012 to October 2014, Goss served as site leader and production leader for Dow’s Lone Star Operations in Deer Park, Texas.
From October 2014 to August 2022, Goss served as the process safety technology leader for Dow’s global MSP business, overseeing process safety across nine facilities, including Grand Bayou Operations.
In August 2022, Goss assumed the role of process safety technology leader for Dow’s Louisiana operations, titled Senior Process Safety Manager. In that role, Goss supported four sites.
The production director position that Dow later denied to Goss was at Dow’s Grand Bayou Operations, a brine-mining and hydrocarbon-storage facility on Highway 70 in Belle Rose, Louisiana – about 30 miles from its Louisiana Operations in Plaquemine.
Goss contends Dow tied its strategy to executive compensation. In his complaint, he points to Dow’s own Form 10-K.
For the fiscal year ending Dec. 31, 2023, it states:
“Inclusion and diversity metrics, including ERG participation, global representation of women and U.S. ethnic minority representation in the United States, are published internally on a quarterly basis, are embedded in the same scorecard where Dow’s financial and safety results are measured and are directly connected to leaders’ annual performance and compensation,” his complaint states.
“This data is reviewed regularly by management and with the Compensation and Leadership Development Committee of the Board.”
In another Form 10-K – for the fiscal year ending Dec. 31, 2024 – Goss alleges Dow’s inclusion and diversity metrics are embedded in the performance award bonus program for more than 3,000 leaders.
“The Inclusion & Diversity component of each people leader’s Performance Award paid more as the share of ethnic minorities in Dow’s U.S. workforce rose,” the lawsuit states.
In November 2024, Goss contends he was told over the phone by someone from Dow that he had been passed over for a promotion in favor of a Black candidate.
“During the November 18 call, Dow’s representative told Goss that at multiple Dow sites, there have been multiple promotions made on the basis of race and that Dow is aware that the Performance Award Program is usually the reason for these race-based promotions.”
Goss spoke with the same Dow representative again on Dec. 12, 2024, before filing his written complaint, and again on April 9, 2025.
He argues that Dow never provided him with any findings, explanations, or remedies.
In turn, Dow kept Goss’s job and eliminated Goss.
Goss alleges the company went on to build a “false paper record” against him, and cut his bonus.
“The 2024 review falsely stated that Goss did not fully meet expectations,” the suit states.
Goss also notes that he was fired 15 days after a Dow investigator interviewed him.
“Dow’s stated reason for termination, ‘cost restructuring,’ did not explain why Dow retained the position and terminated the employee,” the suit states.
“Dow knew the law and acted contrary to it anyway.”
In his complaint, Goss seeks back pay, including lost wages; long-term incentive awards; retirement and health benefits; and all other lost compensation front pay; compensatory damages; and punitive damages.
He also seeks an award to offset the adverse tax consequences of a lump-sum recovery, attorneys’ fees; and pre- and post-judgment interest.
In addition, Goss seeks an order prohibiting Dow from considering race in employment decisions, requiring defendants’ leaders to undergo training, and correcting his personnel records.
Robert B. Landry III PLC in Baton Rouge is representing him in the action.
