Tobacco Retailer to Pay $425,000 for Race Discrimination

The U.S. Equal Employment Opportunity Commission announced that Tobacco Superstores, Inc. will pay $425,000 and provide significant remedial relief to settle a race discrimination lawsuit on behalf of qualified black workers who were denied promotion to management. EEOC's lawsuit (Case No. 3:05 CV 00218) in U.S. District Court for the Eastern District of Arkansas, Jonesboro Division, was filed on behalf of Theresa Sharkey and a class of African Americans in Arkansas and Mississippi. In addition to rejecting the class of workers for promotion because of their race, the suit also alleged that Sharkey was forced to resign because of the company's failure to promote her. Race discrimination violates Title VII of the Civil Rights Act of 1964.

In addition to the monetary relief for the class of aggrieved individuals, the three-year consent decree settling the case also enjoins the company from denying promotions to African American employees because of their race and from engaging in retaliation. The decree also requires the company--which operates retail stores in Arkansas, Missouri, and Mississippi--to:

  • Provide training to all managers and supervisors on preventing race discrimination and retaliation;
  • Create job descriptions for manager and assistant manager positions that outline the qualifications for each position;
  • Develop a written promotion policy that will include the procedures by which employees will be notified of promotional opportunities;
  • Report assistant manager and manager vacancies, the name and race of all applicants for the position, and the name of the successful candidate;
  • Report the names of all African Americans who are either hired or promoted to manager or assistant manager positions; and
  • Report any complaints of race discrimination and describe its investigation in response to the complaint.

Celia Liner, the EEOC attorney who led the federal government's litigation effort, said, "All employees should have the freedom to compete for promotions on a fair and level playing field, without regard to race. We are pleased that there are now effective procedures in place at this company to ensure that promotional opportunities are based on qualifications, not race."

Download Center

HTML - No Current Item Deck
  • Get the Ultimate Guide to OSHA Recordkeeping

    OSHA’s Form 300A posting deadline is February 1! Are you prepared? To help answer your key recordkeeping questions, IndustrySafe put together this guide with critical compliance information.

  • Steps to Conduct a JSA

    We've put together a comprehensive step-by-step guide to help you perform a job safety analysis (JSA), which includes a pre-built, JSA checklist and template, steps of a JSA, list of potential job hazards, and an overview of hazard control hierarchy.

  • Levels of a Risk Matrix

    Risk matrices come in many different shapes and sizes. Understanding the components of a risk matrix will allow you and your organization to manage risk effectively.

  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Industry Safe
TenCate FR Technology

OH&S Digital Edition

  • OHS Magazine Digital Edition - October 2020

    October 2020

    Featuring:

    • FACILITY SECURITY
      EHS Compliance: Make it Personal
    • FOOT PROTECTION
      Choosing the Right Safety Shoe for Your Industry
    • HAND PROTECTION
      A Requirements Checklists for Work Safety Gloves
    • COVID-19 MANAGEMENT
      Contemporary Issues in HSE Management
    View This Issue