EEOC bolsters attack on bias

By Alvin A. Reid

Of the St. Louis American

Walgreens got a dose of corporate blues last week when the government sued it for racial discrimination.

The U.S. Equal Employment Opportunities Commission alleges that Walgreens sent black staff to low-performing stores and shops in black communities, which is in violation of federal law.

Several of the complaints in the class-action suit come from workers in the St. Louis area. Other alleged violations happened in Kansas City, Detroit and Florida.

St. Louis plaintiff Johnny Tucker accuses Walgreens of erecting “barriers that hinder qualified African Americans in their pursuit of advancement through promotions and job assignments.”

Walgreens was investigated by St. Louis and Miami district offices after more than 20 current and former employees from around the country complained to the EEOC.

EEOC St. Louis Regional Attorney Robert G. Johnson said the Commission seeks back pay, compensatory and punitive damages, as well as injunctive relief for the class of aggrieved workers.

“It is unthinkable in this day and age that a company of Walgreens’ size and reputation would differentiate between its managers based on their race,” he said. “All individuals deserve the freedom to compete in the workplace on a fair and level playing field.”

EEOC St. Louis District Director James R. Neely Jr., said, “Essentially, Walgreens has made store assignments based on race. This policy has served to restrict the opportunities for advancement of African American employees at Walgreens stores nationwide.”

The case has drawn the attention of EEOC Chair Naomi C. Earp., the first African American to chair the commission since Eleanor Holmes Norton during the Jimmy Carter administration.

“We will not rest until workplace decision-making is based on merit rather than immutable and irrelevant characteristics, such as race or color,” Earp said.

Another discrimination lawsuit is pending against Walgreens, as well.

In June 2005, a group of current and former African American managers filed a private lawsuit making similar allegations. That lawsuit is in the U.S. District Court for the Southern District of Illinois and the plaintiffs have asked the court to certify it as a class action.

The EEOC added that it would ask the courts to consolidate the two lawsuits.

The class action comes just as the EEOC has launched its E-RACE campaign “to root out racial bias by focusing on emerging race and color issues in workplaces.”

E-RACE (Eradicating Racism and Colorism from Employment) targets systemic patterns of discrimination.

Earp is also demanding action from EEOC offices. She has issued a mandate to all 15 of the commission’s district offices to litigate at least one systemic bias class-action case a year.

“We want to look at the screen-out factors that employers use,” Earp said.

“Is that credit report really necessary? African Americans and Hispanics have more credit issues. We’ll be looking at names and whether employers are using them to make the first cut, especially in internet applications. Your sorority or your school or your ZIP code can be a giveaway on a resume too. There are processes for us to reach that victim. We’ll do it in reverse; we’ll go to them and tell them about the bias.”

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