Tyson Chicken Sued for Maintaining Segregated Work Areas

[CrimsonTide4]

FOR IMMEDIATE RELEASE
August 18, 2005

CONTACT:
Nicole Desario
Lawyers' Committee for Civil Rights Under Law
(202) 662-8303
ndesario@lawyerscommittee.org
www.lawyerscommittee.org


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.

www.lawyerscommittee.org