Twelve black employees of Tyson Foods, Inc. are suing the world’s largest meat producer, alleging the company allowed a segregated break room and bathroom which included a "Whites Only" sign posted on the wall in the Ashland, Alabama plant.
 
According to the complaint, in July 2003, a newly-renovated bathroom at the plant remained locked except to a white supervisor and certain white employees. It alleges that a Tyson supervisor initially placed an "out of order" sign on the door although the bathroom was working well. Only white employees had keys to the bathroom.

"When I was young, my mother used to tell me stories about segregated bathrooms," Henry Adams, a plaintiff in the case, said in a statement. "I never thought that her reality of 71 years ago would become my reality today."

The complaint also alleges that a picture of two monkeys with the names of two African-American employees written by the photos was placed on the locker of a black employee, and that a white employee led a plaintiff to a room and showed the plaintiff a noose.

The regional office of the U.S. Equal Employment Opportunity Commission is also suing Tyson for violating Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination.

Tyson spokesman Gary Mickelson told reporters the allegations are "without merit" and that Tyson Foods has a "zero tolerance" policy with respect to racism.

But the lawsuit also says that when two black employees complained of the segregated facility, management subjected them to suspensions and disciplinary reports.

"A company's commitment to equal opportunity is measured by more than the existence of written policies and diversity training," Charles E. Guerrier, regional attorney for the EEOC's Birmingham District Office, said in a statement.

"True commitment is measured by the environment in which employees work and their understanding of what equal opportunity means on a day-to-day, one-on-one basis," Guerrier said. "When an employee feels free to lock a bathroom facility and to post a ‘Whites Only' sign on it, even for one day, that employer has not been effective in delivering the message of equal opportunity to its employees."

Kymberly Smith, a federal prosecutor from California, told BlackAmericaWeb.com that, for black Americans, "racial fairness must be mandated."

"I don't want to even think about all of the smaller incidents, the nuances that came before the 'Whites only' sign in this case, which is what ultimately led these injured parties to finally have the tool needed to file suit," Smith said.

"No one should have to deal with such unacceptable behavior. It's not productive. It's not healthy. We are better than this."

Smith said she's not surprised that such overt racism exists in 2005 and suggested that some blacks have become too complacent over the years.

"I think, as a people, the black community was so relieved to get Jim Crow's foot off of our necks," she said, "we just stopped at the sigh of relief. It’s like we have been exhaling for over 20 years."

The lawsuit against Tyson Foods said that despite complaints to the supervisor and the plant manager by black employees, the exclusive use of the bathroom by whites continued. "Thereafter, in August 2003, employees or agents of Defendant placed a sign on the bathroom door that read ‘Whites Only,’" the complaint states. The sign and a padlock remained on the door through the month of August 2003.

"The plant manager pounded the table and angrily stated that the workers were ‘nasty’, ‘dirty’, and behaved like children and stated that the bathroom had been locked for those reasons," the complaint states. "The plant manager continued that if the bathroom was not kept clean, it would be torn down and the workers would have to soil themselves."

The black employees also alleged that white supervisors at the plant used threatening language, including the n-word, and slurs about blacks and watermelons, and one plaintiff alleges he has been harassed and humiliated by being repeatedly called "boy."

"This year, the Commission is celebrating its 40th anniversary," Bernice Williams-Kimbrough, district director of the EEOC's Birmingham District Office, said in a statement. "While this country has made great strides in addressing issues of racism, unfortunately there are still people who have not yet gotten the message that segregation in the workplace will not be tolerated.

"The EEOC exists," she said, "to make certain that the promise of equal opportunity in employment extends not only to access to jobs, but to equal treatment on those jobs."

The 12 black employees and the EEOC are asking the court to stop Tyson from continuing the illegal practices and to order the corporation to "establish policies and procedures to remedy the racial harassment and retaliation." The plaintiffs are also seeking unspecified damages.

According to its website, Tyson Foods, Inc., founded in 1935 with headquarters in Springdale, Arkansas, is the world's largest processor and marketer of chicken, beef and pork and the second-largest food company in the Fortune 500. The company provides products and services to customers throughout the United States and more than 80 countries. Tyson has approximately 114,000 employees at more than 300 facilities in the United States, including 12 plants in Alabama.

Smith told BlackAmericaWeb.com that she recently read of a speech by Bernice King, the daughter of Dr. Martin Luther King Jr., who warned of an impending social and cultural "tsunami" and maintained that black people should be prepared to take action.

She said King’s message echos her belief that black Americans should always exercise their legal rights when experiencing discrimination in the workplace.
 
"These folks need support," Smith said of the blacks at Tyson Foods. "This story needs to be told. A process must be in place to show these folks support. They shouldn't have to walk this alone. This affects us all."