This Week in Discrimination Lawsuits: Tyson Foods and the LA Fire Department Pay Out

With the development of new training laws like California’s AB 1825, sexual harassment training has grabbed the headlines and the attention of employers for many months. This week we’ve seen the resolution of two high profile cases that serve as an important reminder for employers planning prevention and education programs -- the world of workplace discrimination is not just about sex.

On Tuesday, Tyson Foods, the nation’s largest meat processor with 114,000 employees, agreed to settle a racial discrimination case for nearly $1 million.  The 13 plaintiffs alleged that a company restroom was locked and accessible only to white workers for about 3 months -- and even featured a “whites only” sign for a brief period of time. To settle the case, the company has also agreed to provide antidiscrimination training to its employees.

One day later, the City of Los Angeles paid $2.7 million to settle a lawsuit from a black firefighter who claims he suffered racial discrimination after coworkers served him spaghetti laced with dog food. According the lawsuit, he suffered retaliation for reporting the incident and verbal slurs, insults and derogatory remarks, including taunting by firefighters "barking like dogs [and] asking him how dog food tasted.” In his claim, the firefighter focused upon how the association of a black man and dog food “resonates with the deep historical roots of slavery and the corresponding dehumanization.”

These cases truly underscore the importance of broad-based training in the workplace. While addressing sexual harassment is critical, educational efforts that focus exclusively on curbing inappropriate sexual conduct are going to leave a gaping hole in an employer’s prevention efforts. An employee who understands that he shouldn’t date or subordinate or forward racy pictures over the Internet, could be the same twisted and misguided employee who thinks its a good idea to serve up dog food to a coworker. 

The worlds of sex and race discrimination intersect, but they are certainly not the same. And as demonstrated in both of these cases, there are explosive issues related to this country’s history with slavery and segregation that make racial discrimination a distinct and unique problem.

When California’s AB 1825 was passed, many compliance companies rushed courses to market that focused exclusively on sexual harassment. They went so far as to suggest that employers could only train on sex harassment. Not only is this assertion patently incorrect (recently released regulations now confirm that training can and should address other kinds of prohibited workplace conduct), but a “sex only” approach is actually damaging to an employer’s training efforts.

The Tyson case is also noteworthy because, in many ways, Tyson was doing the right thing. The company already had in place a 24-page Code of Conduct, including a sizable discussion on the company’s employment policies and affirmation of the company’s commitment to a discrimination-free workplace. The Code’s Statement of Core Values also includes a commitment “to be a company of diverse people working together[.]”  

So why the lawsuit and embarrassing allegations? Tyson likely did not do enough to translate its lofty value statements into effective preventative efforts – like regular, mandatory training.  Now that training has been imposed.

Tags: 1825, AB, California, Department, discrimination, Federal Harassment Training, Fire, Foods, harassment, LA, racial, sexual, training, Tyson, workplace,