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| Yep.. This sounds like racial discrimination to me. |
A fired employee of Fayetteville's Public Works Commission has filed a racial discrimination lawsuit, accusing the utility of favoring white employees over black ones.
A lawyer for Adrian Blackwell, 31, filed the suit Monday in U.S. District Court for the Eastern District of North Carolina. Blackwell, who is black, worked for the PWC for 11 years and was a loss control specialist.
The suit accuses the city-owned utility of wrongfully discharging him because he is black and unfairly treating other black employees. The PWC, the suit alleges, "has a notorious reputation for discriminating against its African American employees in favor of its Caucasian employees."
Wilson Lacy, chairman of the PWC board, said he hopes Blackwell's allegations are untrue.
"I'm shocked," Lacy said, "and I'm really surprised this has happened, because I thought PWC and the HR department were operating more professionally."
The other three PWC board members - Mike Lallier, Wick Smith and Lynne Greene - said they could not comment about pending litigation.
The utility's spokeswoman, Carolyn Justice-Hinson, said PWC denies the allegations in the lawsuit.
"We will vigorously defend ourselves against the accusations," she said. "At this time, we feel that it is not appropriate to make further comments about pending litigation."
According to a source familiar with the complaint, the PWC met in closed session with a lawyer this year to discuss Blackwell's case. In May, Blackwell's lawyer sent PWC General Manager Steve Blanchard a letter entitled "For settlement purposes only."
"I believe it would be best for all parties to discuss a resolution of this case before it becomes one of public record," said the letter, obtained by The Fayetteville Observer.
No settlement was reached.
Blackwell worked for the PWC from 2001 until he was let go in October. His job involved investigating meter fraud.
The lawsuit seeks, among other things, to recover lost pay and compensation, punitive damages, lawyer fees and a declaration by the PWC that it "intentionally and unlawfully discriminated" against Blackwell "because of his race."
The lawsuit requests a jury trial.
Blackwell filed a complaint with the Equal Employment Opportunity Commission, which issued him a "right to sue" letter in April after being unable to determine whether PWC had violated the law.
The PWC is one of the region's largest public institutions with more than 500 employees and 78,000 electric and 76,000 residential water customers.
In January, Blackwell filed a complaint with Fayetteville's Ethics Commission, which has met infrequently since it formed in 2010 and has never substantiated a claim. The ethics panel dismissed his complaint, saying it had no jurisdiction because it doesn't cover PWC employees.
Blanchard never publicly commented on Blackwell's complaint, but he defended his decision to fire Blackwell in a letter to Blackwell in December. Blanchard wrote that Blackwell had been late several times paying his water and sewer bill from the PWC for his home near Hope Mills. The letter also accused him of tampering with his home's water meter after it was disconnected Sept. 25. The lawsuit denies Blackwell stole from the PWC.
"There exists no evidence that (Blackwell) committed any theft," the lawsuit said. "The allegation of theft was a sham or pretext to cover the racial animus that motivated (Blackwell's) termination."
According to the lawsuit, four white PWC employees were "caught in the act of theft" by falsifying their time sheets. They were given five-day suspensions, the suit said. For some, this was the second time they were caught, the suit said.
North Carolina's personnel laws forbid officials from talking about the conduct of public employees.
In its claims, the lawsuit suggests that PWC management is not reflective of the city's residential population, which is about 42 percent black and 46 percent white, according to 2010 census figures. The lawsuit said five senior-level executives at PWC are white, as is Blanchard, and that 22 of 27 other managers are white.
Last fall, Blackwell began collecting $535 a month in unemployment benefits after he was fired. The PWC appealed to the N.C. Employment Commission, alleging that Blackwell's misconduct at work disqualified him from the benefits.
The PWC lost its appeal. According to a May 8 letter by the state employment office, the PWC did not adequately provide evidence that supported the utility's claim of misconduct.
Blackwell is not the only fired PWC employee to complain to public officials in the past year. In May, James "Tommy" Jones, 48, wrote the PWC board and the City Council that he was unfairly fired April 26. He had worked eight months for the PWC on a software implementation program. About three weeks before he was fired, his letter said, he lodged a complaint against a supervisor through "what I thought was an anonymous hotline number."
Jones' letter described a "hostile work environment" and disparities in treatment of employees. Jones is black.
Jones filed a complaint with the EEOC, alleging he was a victim of racial discrimination and retaliation. His complaint is pending.
Justice-Hinson said PWC denies Jones' accusations.
In a May 7 email to the PWC, City Councilwoman Val Applewhite said Jones' letter was the second such complaint the council had received following Blackwell's accusations of racial discrimination.
"Other complaints that I have heard have been examples of favoritism and nepotism in PWC's employment and hiring practices," Applewhite wrote. "I have also been told there are many other examples, but employees are afraid to speak out about these conditions for fear of losing their jobs."
Applewhite suggested that "an independent HR climate study" of PWC was needed.
According to PWC officials, no such study has been done.
A lawyer for Adrian Blackwell, 31, filed the suit Monday in U.S. District Court for the Eastern District of North Carolina. Blackwell, who is black, worked for the PWC for 11 years and was a loss control specialist.
The suit accuses the city-owned utility of wrongfully discharging him because he is black and unfairly treating other black employees. The PWC, the suit alleges, "has a notorious reputation for discriminating against its African American employees in favor of its Caucasian employees."
Wilson Lacy, chairman of the PWC board, said he hopes Blackwell's allegations are untrue.
"I'm shocked," Lacy said, "and I'm really surprised this has happened, because I thought PWC and the HR department were operating more professionally."
The other three PWC board members - Mike Lallier, Wick Smith and Lynne Greene - said they could not comment about pending litigation.
The utility's spokeswoman, Carolyn Justice-Hinson, said PWC denies the allegations in the lawsuit.
"We will vigorously defend ourselves against the accusations," she said. "At this time, we feel that it is not appropriate to make further comments about pending litigation."
According to a source familiar with the complaint, the PWC met in closed session with a lawyer this year to discuss Blackwell's case. In May, Blackwell's lawyer sent PWC General Manager Steve Blanchard a letter entitled "For settlement purposes only."
"I believe it would be best for all parties to discuss a resolution of this case before it becomes one of public record," said the letter, obtained by The Fayetteville Observer.
No settlement was reached.
Blackwell worked for the PWC from 2001 until he was let go in October. His job involved investigating meter fraud.
The lawsuit seeks, among other things, to recover lost pay and compensation, punitive damages, lawyer fees and a declaration by the PWC that it "intentionally and unlawfully discriminated" against Blackwell "because of his race."
The lawsuit requests a jury trial.
Blackwell filed a complaint with the Equal Employment Opportunity Commission, which issued him a "right to sue" letter in April after being unable to determine whether PWC had violated the law.
The PWC is one of the region's largest public institutions with more than 500 employees and 78,000 electric and 76,000 residential water customers.
In January, Blackwell filed a complaint with Fayetteville's Ethics Commission, which has met infrequently since it formed in 2010 and has never substantiated a claim. The ethics panel dismissed his complaint, saying it had no jurisdiction because it doesn't cover PWC employees.
Blanchard never publicly commented on Blackwell's complaint, but he defended his decision to fire Blackwell in a letter to Blackwell in December. Blanchard wrote that Blackwell had been late several times paying his water and sewer bill from the PWC for his home near Hope Mills. The letter also accused him of tampering with his home's water meter after it was disconnected Sept. 25. The lawsuit denies Blackwell stole from the PWC.
"There exists no evidence that (Blackwell) committed any theft," the lawsuit said. "The allegation of theft was a sham or pretext to cover the racial animus that motivated (Blackwell's) termination."
According to the lawsuit, four white PWC employees were "caught in the act of theft" by falsifying their time sheets. They were given five-day suspensions, the suit said. For some, this was the second time they were caught, the suit said.
North Carolina's personnel laws forbid officials from talking about the conduct of public employees.
In its claims, the lawsuit suggests that PWC management is not reflective of the city's residential population, which is about 42 percent black and 46 percent white, according to 2010 census figures. The lawsuit said five senior-level executives at PWC are white, as is Blanchard, and that 22 of 27 other managers are white.
Last fall, Blackwell began collecting $535 a month in unemployment benefits after he was fired. The PWC appealed to the N.C. Employment Commission, alleging that Blackwell's misconduct at work disqualified him from the benefits.
The PWC lost its appeal. According to a May 8 letter by the state employment office, the PWC did not adequately provide evidence that supported the utility's claim of misconduct.
Blackwell is not the only fired PWC employee to complain to public officials in the past year. In May, James "Tommy" Jones, 48, wrote the PWC board and the City Council that he was unfairly fired April 26. He had worked eight months for the PWC on a software implementation program. About three weeks before he was fired, his letter said, he lodged a complaint against a supervisor through "what I thought was an anonymous hotline number."
Jones' letter described a "hostile work environment" and disparities in treatment of employees. Jones is black.
Jones filed a complaint with the EEOC, alleging he was a victim of racial discrimination and retaliation. His complaint is pending.
Justice-Hinson said PWC denies Jones' accusations.
In a May 7 email to the PWC, City Councilwoman Val Applewhite said Jones' letter was the second such complaint the council had received following Blackwell's accusations of racial discrimination.
"Other complaints that I have heard have been examples of favoritism and nepotism in PWC's employment and hiring practices," Applewhite wrote. "I have also been told there are many other examples, but employees are afraid to speak out about these conditions for fear of losing their jobs."
Applewhite suggested that "an independent HR climate study" of PWC was needed.
According to PWC officials, no such study has been done.
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