Albertson's Sued by EEOC for Discrimination

Denver, COOn March 28, 2008, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit in Denver, with the U.S. District Court of Colorado, against Albertson's LLC that alleges that the retailer retaliated against employees at the distribution center located in Aurora, Colorado.

This is the second lawsuit filed against Albertson's involving the same issues. The EEOC had sued the retailer back in 2006 after Hispanic and black employees at the distribution center had complained that they received violent threats and racist drawings were displayed for them to see.

The lawsuit states that the Boise, Idaho-based Albertson's retaliated against workers when they complained of racial harassment. The EEOC says the same retaliation occurred in the first case in 2006. The retaliation came in the form of denying healthcare, not passing emergency phone calls onto the employees, not awarding transfers, passing them up for promotions, disciplining the workers, and firing them. It is a human resources representative that black employees say did not act when they accused a white manager of threatening them with physical violence.

Matthew Ricks is the one who initially filed the 2006 lawsuit and he alleged that in April 2002, he was approached by a supervisor during his break in which the supervisor grabbed Ricks' papers and told him to get off of the phone. Ricks alleged that the supervisor was physically aggressive and followed, or stalked, Ricks as he walked away from the supervisor. As a result, the supervisor allegedly said that Ricks was acting like an 'n-word.' However, the supervisor actually said the word to Ricks, according to the lawsuit.

Albertson's was acquired by an investment group in February 2008 and they said in a statement that the complaints of harassment were filed before the group had acquired the company. They said that Albertson's does take any and all harassment and discrimination issues seriously and that the proper steps will be taken to investigate the situation. They say that they will investigate and will use corrective disciplinary action. If such action is appropriate.

It is said that for over a decade Albertson's has been ignoring claims of discrimination made by their employees. Attorneys for the EEOC have stated that they have traced the harassment at the Aurora facility all the way back to at least 1995. In some cases, swastikas and racial slurs remained on bathroom walls and fixtures for months and even years before being removed. There were also other drawings that showed Hispanics and blacks with nooses around their necks.

The monetary damages that are sought are on behalf of 140 current and former employees and include damages for inconvenience and emotional pain and suffering. They are also asking that Albertson's eliminate the practices that make the work environment hostile for its employees.

By Ginger Gillenwater