Tyson
Foods Sued For Maintaining Segregated Work Areas
Whites
Only Sign and Padlock Placed on Bathroom Door
Ashland, AL
(BlackNews.com) - A lawsuit alleges that Tyson Foods, Inc.
is responsible for maintaining a segregated bathroom and break
room, reminiscent of the Jim Crow era, in its Ashland, Alabama
chicken processing plant.
Thirteen African-American employees filed a complaint in the
United States District Court for the Northern District of
Alabama late last week, alleging that a Whites Only sign and
a padlock denied them access to a bathroom in the Ashland
plant. The complaint states that numerous white employees
had keys to the bathroom that were not provided to African-American
workers.
The
African-American employees' complaint also alleges that,
after they complained about the segregated bathroom,
the plant manager told them that the bathroom had been
locked because they were dirty and announced the closing
of the break room. According to the complaint, the same
white employees who had keys to the "Whites Only" bathroom
formed their own, private break room, using Tyson materials
to construct the furniture. Initially, a locked door
segregated the private break room. To the present day,
locked cabinets and a locked refrigerator maintain a
private break room.
"When
I was young, my mother used to tell me stories about
segregated bathrooms," said Henry Adams, a plaintiff
in this case. "I never thought that her reality of seventy-one
years ago would become my reality today."
The lawsuit claims that Tyson violated federal civil
rights laws, Title VII of the Civil Rights Act of 1964
and 42 U.S.C. 1981, by maintaining a racially hostile
work environment and by retaliating against employees
who complained. In addition to the segregated facilities,
plaintiffs claim harassment in the form of racial slurs
and intimidation.
The lawsuit also alleges that Tyson's conduct violates
Alabama law because it constitutes negligent supervision
and outrageous conduct.
Plaintiff's complaint dovetails with a complaint the
Equal Employment Opportunity Commission (EEOC) filed
on August 11, 2005, against Tyson in the Northern District
of Alabama. The thirteen employees in this lawsuit,
including the two individuals that filed the EEOC charges,
seek to intervene in the EEOC action.
Plaintiffs are represented by a team comprised of attorneys
from the Lawyers Committee for Civil Rights Under Law,
in Washington, D.C.; Shearman & Sterling LLP, in New
York City; Nakamura Quinn & Walls LLP, in Birmingham;
and Lightfoot Franklin & White, L.L.C., also in Birmingham.
The Lawyers' Committee is a national, not-for-profit
organization, which specializes in civil rights litigation.
Plaintiffs request that any contact from the press be
directed to their counsel.
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