It appears that salacious and scandalous revelations from a sexual discrimination lawsuit against Paula Deen may be the undoing of her brand and culinary television empire.
Already, the Food Network has decided not to renew her contract at the end of this month.
Lisa Jackson, a former manager at a restaurant co-owned by Deen and her brother, Bubba Hiers, is the plaintiff in a suit alleging sexual discrimination. The lawsuit also alleges that Jackson suffered assault, battery, emotional distress, and that she was subjected to a hostile work environment fraught with racist epithets, including repeated use of the 'N-word' by Deen. In the lawsuit, Jackson also alleges that Hiers violently shook an African-American employee.
And Deen’s answers to a May 17 deposition (in which Deen testified) are not pretty.
The transcript of the deposition reveals that when Deen was asked if she has ever used the N-word, she replied, “Yes, of course.” Jackson also purportedly placed in charge with arrangements for her brother, Bubba’s wedding. Deen allegedly stated that she wanted the wedding theme to be “true Southern plantation-style...,” with all-black waiters being hired to service the attendants.
How the Law Classifies Racial Discrimination in the Workplace
There exist two different kinds of discrimination: disparate treatment and disparate impact. Disparate simply means “different” or “unequal.”
Disparate Treatment is the more blatant, easily-recognizable form of race discrimination whereby an employer or his or her agent(s) outwardly manifest their hostility or adversity to a racial group. Common examples include use of racist slurs or epithets, cruel or insensitive jokes or humor or some other activity against a protected class of people (race or gender, for example) that creates a “hostile work environment.”
Disparate Impact, on the other hand, may not reveal outward manifestations in the conduct of an employer. Instead, this is a more institutionalized form of discrimination whereby one racial or gender group enjoys certain privileges or positions that another group (for example, African-Americans) do not enjoy. It is usually seen in the company’s policy.
The allegation against Paula Deen would fall under disparate treatment given the outward manifestations of racism in the workplace.
How Employers Can Protect Against Racial Discrimination in the Workplace
Oftentimes, an employer is well-meaning, harbors no racial animosity, but may have hired a manager or other underling with supervisory authority who does practice discrimination. Employers are charged with a duty to prevent racial discrimination in the workplace. Accordingly, employers must allow employees to seek the help of management to prevent such discrimination. Employers cannot retaliate against an employee for doing so. Employers cannot chastise or punish employees (either directly or indirectly) for lodging complaints. An employer can subject himself or herself to liability if he or she terminates an employee for “whistle-blowing.”
Nothing in this article or in this blog should be interpreted or construed as legal advice of any way, shape or form.
The Coimbra Law Firm represents employees who have been discriminated against in the workplace, denied wages or overtime pay, wrongfully terminated, or otherwise have had their rights violated (for example, under the California Family Rights Act or the Fair Employment & Housing Act). Lorgio Coimbra is an aggressive and skillful trial attorney and works diligently to vindicate his clients’ rights. Mr. Coimbra is licensed in the state of California. Call us today at 1-800-290-5055 for a Free Consultation
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