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Man says he was subjected to racial slurs, abuse by boss

 

Defendant denies claim, says suit is about money

Lynn Larowe - Texarkana Gazette

 

Graphic allegations of racial discrimination surfaced Monday in a lawsuit brought by Ron Hayes against his former employer, Laroy Thomas Inc. ‘ All black people want is a raise and a watermelon’ Hayes, 27, testified, directly quoting words his white supervisor, Dwight Harrison, said to him regularly while an employee of the Texarkana heating, air and plumbing contractor. ‘He called me boy, Toby, Kunta, a nappy-headed SOB and the N word. Hayes said Harrison subjected him to racist comments and physical abuse daily, and contends management failed to do anything to stop it despite requests for help. But Ned Stewart, the attorney representing Laroy Thomas Inc., contends Hayes concerns were addressed promptly by transferring Hayes to another work site.

 

‘This case is not about civil rights’ Stewart said. ‘Its about money. The case is being heard in federal court in the Eastern District of Texas, with Judge David Folsom presiding. In his opening remarks, Hayes attorney, Glen Hudspeth, told jurors Hayes was a victim of Harrisons racism and harassment on two job sites before being transferred to another.

 

Once transferred, Hayes found his co-workers to be angry and resentful of him for filing a complaint with the Equal Employment Opportunity Commission, and Hayes eventually was fired in retaliation, Hudspeth said. Hayes first worked for the company in 2002. Hayes says he was laid off because work was slow, although Stewart says he was fired for not getting along with co-workers and provided a company document indicating such. In April 2004 Hayes was rehired, and Harrison became his direct supervisor on a job at a local church. Hayes testified Harrison not only attacked him verbally with comments such as, ‘Quit looking at me with those hog eyes, boy, I aint got no slop for you’ but physically struck him as well.

 

‘He would sneak up on me, take his hard hat off and, bam, hit mine as hard as he could with it’ Hayes said. ‘It hurts. It feels like needles going off in your head. Hayes also testified Harrison exposed himself and made lewd sexual remarks. Hayes says he went to another supervisor, Tim Hutson, and voiced his unhappiness with Harrisons behavior. Hayes says Hutson told him he could do nothing about the problem other than notify Barry Thomas, son of president Laroy Thomas. Hutson confirmed Hayes statements in his testimony Monday.

 

Hudspeth told jurors Hayes went to Hutson, then Barry Thomas, and eventually Laroy Thomas, but nothing was done to end the abuse. Hayes testified after going to Barry Thomas to discuss Harrison, he waited two to three weeks, then approached Laroy Thomas. Thomas says he was unaware of the problems being alleged by Hayes and another employee until he received a letter from the EEOC. Stewart says as soon as Laroy Thomas became aware of the abuse he conducted an investigation that was inconclusive. Despite being unable to confirm the alleged racism, Laroy Thomas testified he transferred Hayes and another black employee, Raymond Jackson, to a different site.

 

Laroy Thomas came to Hayes job site two to three weeks after he met with him, Hayes said. Hayes said Laroy Thomas did not spend much time at the site and never spoke with him while there. Laroy Thomas testified he interviewed several of Hayes co-workers that day, including Jackson. Jackson testified Laroy Thomas never talked to him at the job site. Jackson also told jurors he, too, had suffered mental and physical abuse from Harrison. The EEOC has filed a lawsuit on Jacksons behalf, including allegations similar to those in Hayes claim. Hayes testified he was never asked to write up his experiences with Harrison for documentation, was never asked to provide the names of witnesses to the abuse and was never provided any information about how grievances against a supervisor should be handled.

 

Hudspeth told Thomas that he found the companys lack of written policies troubling. Thomas testified he did not keep records of any discussions with employees regarding the harassment. The company now has a written personnel policy that includes procedures for dealing with harassment, Laroy Thomas said. Hayes testified he felt like an outcast after being transferred to a site away from Harrisons supervision. But Stewart, in his cross-examinations of both Hayes and Jackson, described the transfers as beneficial.

 

‘You didnt have to get up at 5 in the morning anymore and drive to Mount Pleasant and you were away from Mr. Harrison’ Stewart said to Hayes. Jackson agreed with Hayes. ‘When I found out about the transfer, I felt I was being punished for going to Mr. Thomas’ Jackson said. ‘It was like I didnt matter. Like my voice was no voice at all. Another employee, Will Clark, who worked at the site where Hayes and Jackson were transferred, told Hayes he was angry at him for filing the complaint because he feared the company would shut down and he would lose his job.

 

Hayes testified Clark would follow him around the site and try to tell him what to do. ‘I told him to leave me alone because he was just an employee like me, not a supervisor’ Hayes said. Stewart said Clark had been left in charge by the actual supervisor.

 

Both Hayes and Jackson testified to Clarks behavior. ‘I would see him following Ron (Hayes) around all the time’ Jackson said. ‘On the day Ron was fired, we were sitting there eating lunch when Will (Clark) came up with a big grin on his face. Ron told him to leave him alone or hed file charges against him. Clark notified Laroy Thomas of Hayes statement regarding filing charges and later that day Hayes was dismissed.

 

‘Will jumped up and said, thats it, and the next thing I knew Ron was fired’ Jackson said. Thomas said Hayes was fired for threatening Clark with legal action. Stewart said Hayes spent more time complaining and voicing his desire to sue the company than he did working. Hutson and Jackson both testified that Hayes was a hard worker. The trial continues today. Hudspeth and Stewart told Folsom they expect to call Harrison and several others to testify. Closing arguments will probably be heard Wednesday morning before the case goes to the jury for a verdict.