A white woman who worked at a Subway location in Tuscaloosa, Alabama filed a race discrimination and retaliation lawsuit against TA Operating, LLC, the company that operates the Tuscaloosa Subway/Taco Bell restaurant.
The woman, who claims that she was the only white employee working at the Subway/Taco Bell restaurant, alleges that her boss, Taco Bell General Manager Chanda Burrell, subjected her to different treatment because of her race. Burrell is African-American.
According to the complaint:
On March 4, 2013, Plaintiff began work with Defendant as a Subway General Manager.
Burrell prohibited Plaintiff from using the dishwashing sink, instead telling Plaintiff that she could only use the “segregated sink,” a smaller sink off to the side of the restaurant’s shared facilities.
Burrell also criticized Plaintiffs speech, telling Plaintiff that she was going to teach Plaintiff “how to speak black.”
Plaintiff reported Burrell’s comments about the sink to her Manager, Johnnie Howard, who was also Burrell’s manager.
Howard did nothing to correct the situation with Burrell, or the other daily harassment that Plaintiff suffered from the black employees from Taco Bell.
After complaining about the racial comments, Howard suspended Plaintiffs employment on June 3, 2013, and put Plaintiff on a “thirty day action plan” with a requirement that Plaintiff submit a written response to the action plan by June 10, 2013.
The basis for the suspension contained false claims of performance deficiencies that were contradicted by the compliance review that had taken place a few days before June 3, 2013.
Plaintiff was also suspended for not being available to answer her phone on her day off, despite the fact that Defendant’s policies do not require that Plaintiff be available on her private phone for work related purposes on her day off.
On June 9, 2013, Howard called Plaintiff and told her that she was terminated.
Howard did not give Plaintiff a reason for her termination.
Defendant replaced Plaintiff with a less qualified African -American.
Defendant was substantially motivated by Plaintiffs race, white, in terminating Plaintiffs employment, and later replacing Plaintiff with a black employee in violation of Title VII.