How Did Tyson Get By W/ Segregated Bathrooms This Long ?

August 11, 2005

Tyson Sued for Maintaining Segregated Work Areas: ?'Whites Only' Sign and Padlock Placed on Bathroom Door

ASHLAND, AL ?- A lawsuit filed today 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. Twelve African-American employees filed a complaint in the United States District Court for the Northern District of Alabama, 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.

Plaintiffs' complaint dovetails with a complaint the Equal Employment Opportunity Commission ("EEOC") filed earlier today against Tyson in the Northern District of Alabama. The EEOC brought its complaint based on charges filed by two African-American Tyson employees, and on behalf of a class of similarly situated employees, alleging that Tyson violated the Civil Rights Acts of 1964 and 1991 by maintaining the "Whites Only" bathroom and by retaliating against those who complained. The twelve employees in this lawsuit, including the two individuals that filed the EEOC charges, seek to intervene in the EEOC action.

"In the 21st Century, it shocks the conscience to learn of the existence of segregated facilities," said Barbara R. Arnwine, Executive Director of the Lawyers' Committee for Civil Rights Under Law.

The twelve individual plaintiffs seek, among other remedies, an injunction to prevent Tyson from continuing to engage in illegal practices and an order to require Tyson to establish policies and procedures to remedy the racial harassment and retaliation.

"If somebody doesn't stand up and say something now, it's going to go on like this forever," said Clay Thomas, one of the individual plaintiffs.

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