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CRACKER BARREL RESTAURANTS SUED FOR RAMPANT RACIAL DISCRIMINATION IN EMPLOYMENT

October 5, 1999

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Former African American Employees Allege Discrimination in Hiring, Firing, Pay, Promotions, and Terms and Conditions of Employment

ATLANTA – In a class action lawsuit announced today, twelve current and former employees of Cracker Barrel Old Country Store, Inc. charged the restaurant chain with discriminating against African American employees because of their race. The case was filed in federal court in Rome, Georgia on July 30, 1999. (A companion case alleging violations of the wage and hour laws was also filed against Cracker Barrel in January of this year.)

At today’s news conference, the National Association for the Advancement of Colored People (NAACP) and its President and CEO, Kweisi Mfume, along with several plaintiffs, the firm of Gordon, Silberman, Wiggins & Childs and attorney Grant Morris announced the lawsuit. Plaintiffs described widespread discrimination against African Americans in hiring, firing, pay, promotions and terms and conditions of employment in several Cracker Barrel restaurants across the Southeast. These legal proceedings could affect African Americans nationwide who have experienced a racially hostile work environment while employed at a Cracker Barrel restaurant.

“The NAACP has fought long and hard for almost a century for the right of all Americans to be treated fairly, to work and live together,” said NAACP President and CEO Kweisi Mfume. “In our struggle for equal rights we have marched, we have protested, we have taken our fight to the lunch counters, to the voter registration halls, to the streets and to the courts. We are not going to allow any company anywhere to take us back.”

According to the complaint, Cracker Barrel discriminates against African American employees by:

denying African American employees desirable job assignments, promotional opportunities, training, management positions, compensation, bonuses and other benefits and conditions of employment on the same terms as white employees; deterring African American employees from seeking promotions, management positions and desirable job assignments; failing to select African Americans for desirable job assignments; failing to provide its African American employees regular evaluations and skills examinations; ignoring, and in some cases supporting, racist comments, racist jokes, and racist behavior among staff; and failing to enforce policies prohibiting racial discrimination.

“Cracker Barrel restaurants are promoting a separate-and-unequal culture,” said Grant Morris, Esq., counsel for the plaintiffs. “This kind of blatant and shocking discrimination is reminiscent of the treatment African Americans had to endure prior to civil rights legislation. It was wrong then. It’s wrong now. And it’s illegal now.”

Attorneys for the plaintiffs urged Cracker Barrel employees who believe they have information about incidents of racial discrimination to contact the attorneys at 1-888-NAACP-55 (622-2755).

The suit was filed by twelve current and former Cracker Barrel employees. Among those plaintiffs is Connie Regan, currently a grill cook at the Cracker Barrel in Dalton, Georgia.

CONNIE REGAN: As an African American employee, Regan has been underpaid compared to similarly situated white co-workers. Regan says that white employees at Cracker Barrel receive more frequent raises and promotional opportunities than African American employees.

Regan also alleges that the Dalton Cracker Barrel is racially hostile to African Americans – white employees continually refer to African American employees as “Boy” and “Nigger.” A white manager who was aware of such an incident took no action against the white employee who used a racial epithet.

In addition, the restaurant condones racist attitudes towards and harassment of African American patrons. White servers continually refer to African American customers as “them people” and refuse service.

RUBY MAE CAIN: Another plaintiff, Ruby Mae Cain is currently a back-up cook at Cracker Barrel in Athens, Alabama. Cain has never been informed of open positions at Cracker Barrel traditionally held by white employees and never given opportunities to compete for those positions. Although she informed her general manager about her interest in joining a special training program, she was never offered the opportunity. She also has not been allowed to participate in cross-training for promotion to grill cook.

Cain has also been subject to and observed racially hostile treatment at Cracker Barrel. In one instance, two white dishwashers left the restaurant for an unscheduled break. When an African American dishwasher informed them that there was unfinished work, she was castigated by a white assistant manager. When the white dishwashers returned, they passed the African American and told her “Work, Nigger, work.” Although their comment was overheard by the assistant manager, he did nothing.

GLEN BROOKS: Another plaintiff, Glen Brooks, worked as a dishwasher at Cracker Barrels in Nashville and Mt. Juliet, Tennessee. He was employed by the company from 1988 through 1998. Brooks is currently a Battalion Personnel Supervisor with the Tennessee National Guard.

While at Cracker Barrel, Brooks noted that African American employees were overwhelmingly concentrated in “back of the house” positions, as dishwashers and cooks. During his ten years at Cracker Barrel, only three African Americans served in so-called “front of the house” positions, one as a wait person and two as assistant managers. No hosts, hostesses, cashiers or general managers were African American.

While working at the Nashville Cracker Barrel, Brooks twice asked about a position other than dishwasher. Management informed him that no other positions were available, although over two years, several less experienced white dishwashers and prep cooks were promoted and received salary increases. Brooks received one merit increase in two years, and only after he threatened to quit.

African American employees who complain about racist treatment by white co-workers or unfair working conditions are traditionally either ignored or harassed by management. The defendant has taken no action to address any of the plaintiffs’ mistreatment.

“The evidence in this case is overwhelming and the allegations appalling,” said Robert Wiggins, Partner at the law firm of Gordon, Silberman, Wiggins & Childs. “The evidence suggests that Cracker Barrel has not only permitted, but sanctioned an atmosphere and workplace culture that discriminates, denigrates and humiliates. With this lawsuit, we stand together to say that we will challenge this kind of discrimination whenever and wherever it arises.”

The plaintiffs’ claims are supported and underscored by several white employees, whose allegations are included in the filed complaint. These allegations suggest racial discrimination at Cracker Barrel that flows from the very highest levels of the organization. One employee named in the complaint alleges that he heard CEO and Chairman of the Board of Cracker Barrel, Dan Evins, tell a racist joke at a management meeting in Destin, Florida.

“Today, in addition to announcing this lawsuit, we are asking anyone who has information about any incident of racial discrimination at a Cracker Barrel to contact us,” said Dennis Hayes, NAACP General Counsel. “We have set up a toll-free number, 1-888-NAACP-55, and we encourage people to use it. We are sending a message to Cracker Barrel and to all companies that discriminate against people for any reason that we will not stand for this.”

Plaintiffs in the case are seeking relief in the form of: a judgment against the defendant for engaging in systemic racial discrimination; a permanent injunction against such continuing discrimination; restructuring of Cracker Barrel’s selection and compensation process so that African Americans are able to learn about and fairly compete for promotions and pay increases; restructuring of Cracker Barrel’s workforce so that African Americans are assigned to job classifications, locations and pay they would have held in the absence of racial discrimination; and back pay and other monetary and non-monetary remedies.

Cracker Barrel has more than 400 restaurants located in 36 states across the country. Those states are: Alabama, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia and Wisconsin. The company employs approximately 40,000 people.

Founded in 1909, The National Association for the Advancement of Colored People (NAACP) is the nation’s oldest and largest civil rights organization. Its half-million adult and youth members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter registration drives and monitoring equal opportunity in the public and private sectors.

The firm of Gordon, Silberman, Wiggins & Childs, based in Birmingham, Alabama and Washington, D.C., is nationally known for its expertise in employment litigation and is one of the largest civil rights firms in the country. The firm’s history of success in race, age, sex and disability discrimination makes it one of the leading employment discrimination firms in the nation.

NEWS RELEASE CONTACT:
Lisa Lederer
October 5, 1999 Gretchen Wright
202/371-1999

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