Legal Blog: Race Discrimination Persists in the Deep South
Wal-Mart has, unsurprisingly, been the target of more lawsuits than one can count over the years. The company’s treatment of its workers and “save money at all costs” mentality has resulted in a flood of legal challenges ranging from single plaintiff suits to multi-million dollar class actions. Dukes v. Wal-Mart is of course one large example (the largest class action in American history, actually), as are the myriad wage/hour/overtime class actions the company faces.
Just as important as those large class actions, however, are the countless suits filed by individual plaintiffs – the tiny David trying to win justice over Wal-Mart’s Goliath. We at Wal-Mart Watch will be focusing on one of these stories each week, highlighting those cases that warrant further attention because of the light each sheds in its own way on how Wal-Mart does business.
Randall Nalls vs. Wal-Mart Stores, East, L.P.
Randall Nalls was employed as a “temporary remodel associate” at a Wal-Mart in Fayette, Alabama in June of 2006. During Nalls’ trial period as a temporary hire, a co-worker (Tony Gill) repeatedly used the term “n*gger” both in his presence and in reference to him with other workers. When Nalls approached his supervisor, Thomas Burks, about the incident, Burks pledged to address the issue immediately. Burks also felt it his personal duty to inform Nalls that usage of the term was acceptable for people ages 15-25 because of its appearance in the dictionary, and because of the rise of Black music and culture in society.
Burks’ method of dealing with the palpable racial tension was not limited to dismissing it, but also fueling it. On several occasions, Burke referred to Nalls as “boy” – usually in conjunction with the terms “idiot” and “dummy.” This racially hostile work environment, laden with implications of slavery and disempowerment, proved enough for Nalls to file a charge with the EEOC and slap Burk and Wal-Mart with its latest wave in a sea of Title VII claims.
A pretrial hearing has been set for August 1, 2008 in District Court, with a trial date currently set for September 15, 2008. Read below for more:
Posted by Joel Nezianya on Wednesday, July 09, 2008







COMMENTS
“The contest is not over, the strife is not ended. It has only entered upon a new and enlarged arena.” Jefferson Davis, address to the Mississippi legislature - 16 years after the wars end.
“The principle for which we contend is bound to reassert itself, though it may be at another time and in another form.”
At Rest An American Soldier And Defender of the Constitution
Jefferson Davis (1808 - 1889)
WalMart- We are just perfect for bigots and Dixie.
SanDiegoView in WalMart is America's #1 poverty engine whorehouse
Wednesday, July 09 at 07:16 PM
All the no-work, let us file a law suit people should have to come over here and work 30 days in this desert. They would be proud to have a job at Wal Mart. When people realize that words don’t hurt as bad as work, then maybe they can get over their attitude of---Now I have something to get free money for. Print this if you want to hear reality.
Tony in Kuwait
Thursday, July 10 at 08:34 AM
Tony: Are YOU forced to be in Kuwait?
ddrb in
Thursday, July 10 at 09:24 AM
06:04 PM MST on Wednesday, July 9, 2008
KHOU.com staff report
HOUSTON—A popular Mexican comic book seen by some as racist will no longer be available at Wal-Mart
“ Memin Pinguin,” a comic book that has sold millions on newsstands in Mexico and Latin America, features a character that is meant to be Cuban.
But many feel the character plays to racist stereotypes.
“This is poking fun at the physical features of an entire people. Making them look buffoonish (and) portraying the young (black) kid as stupid,” said local activist Quanell X. “Whenever they are beating him, they are referring to him as Negro. Even here when he is being punched, slapped (he is called) Negro. This is a disgrace.”
Memin Pinguin
Memin Pinguin
Wal-Mart told 11 News Wednesday that they plan to take the comic book off their shelves immediately.
The retailer released a statement Wednesday about the decision to remove the comic.
“Wal-Mart received a customer complaint regarding the availability of the Memin book, based on a cartoon character popular in Mexico, and recently made available in Wal-Mart stores as part of a series of Spanish-language titles. Because we take customer concerns seriously, we have decided to no longer distribute this product in our stores and are in the process of removing existing copies from store shelves.
“Wal-Mart carries a wide array of products that reflect the wants and needs of Hispanic customers. And we understand that Memin is a popular figure in Mexico. However, given the sensitivity to the negative image Memin can portray to some, we felt that it was best to no longer carry the item in our stores. We apologize to those customers who may have been offended by the book’s images,” the statement read.
The serial was originally published in the 1960s, but was recently re-issued and stocked at the retail chain.
This latest incident was not the first time the comic has stirred up controversy.
The character spurred debate in 2005 when the Mexican government issued a stamp commemorating Memin. At the time, many U.S. activists and political figures called the character racist.
The Mexican government protested the characterizations, asserting that Americans simply do not understand Memin’s cultural significance in Mexico.~~~~~~~~~~~~~
ddrb in
Thursday, July 10 at 10:06 AM
By Leslie Casmir, Houston Chronicle
July 7th, 2008
Beloved by Mexicans for his dim wits, street smarts and playful disposition, long-running comic book character Memín Pinguín — a little black boy whose face resembles a monkey — is at it again.
His zany adventures chronicled in a hugely popular book series for decades are up for sale at your neighborhood Wal-Mart store in the Libros en Español section, right next to the store’s cadre of African-American books.
The latest issue: Memín para presidente.
By Shawnedria McGinty’s American standards, the image was shocking. The African-American woman who was shopping at the store on South Post Oak over the weekend immediately asked a store manager to remove the books from the shelves. A manager told her he would comply.
“I said, wait a minute: Is this a monkey or a little black boy?” said McGinty, 34, of Meyerland. “I was so upset. This is 2008.”
But as of Monday afternoon, the books were still on the shelves at many Houston stores, prompting community activist Quanell X to demand that Wal-Mart apologize for selling the racially charged books.
“Even Hispanics of conscious minds sense this is racist and that to sell this is totally unacceptable,” said Quanell X, who spoke in front of the Wal-Mart on South Post Oak and demanded officials issue an apology. “It is a disgrace — it’s an insult to all African-Americans.”
Quanell X, who was contacted by McGinty, requested a meeting with regional Wal-Mart officials.
A Wal-Mart spokesman said the books were removed late Monday at the Meyerland location, but would not say if the comic books would be pulled at other Houston locations. A Houston Chronicle reporter bought three Memín comic books for $7.44 each at another Wal-Mart on Dunvale.
“We will be evaluating the best course of action,” said Phillip Keene, a company spokesman.
Memín is no stranger to controversy. In 2005, the Mexican postal service released a series of new stamps commemorating the comic book character, who debuted in the 1940s. The stamps sold out quickly, but the debate endured and swirled between the U.S. White House and the Mexican White House.
To some in America, Memín’s stereotypical image of exaggerated lips and ape-like characteristics represents a racist period in the nation’s history when black-face characters were popular.
The stamps were deemed offensive by President Bush and a number of American leaders. Former Mexican President Vicente Fox said he didn’t understand what all the fuss was about and insisted that Memín’s image was not racist, but a beloved character embraced by all Mexicans.
Omar G., 45, who was shopping at the Meyerland Wal-Mart with his four American-born children, said he did not want his children to read it.
“I grew up reading the comic book as a kid in Mexico, but for here, it is offensive for some people,” said Omar, who did not want his last name published. “To see it here in Wal-Mart, I am surprised.” ~~~~~~~~~~~~~
ddrb in
Thursday, July 10 at 10:15 AM
Tony took time off from his busy schedule fighting the Islamofascists to tell us how wonderful it is to work at Walmart. ‘Tony’ doesn’t really exist. We made him up as a patriotic American serviceman serving against ‘terrorism’ to point to Walmart as being a good example of your future low wage poverty and how proud you should be as an American to be poor. Thanks ‘Tony’ but we know being poor and accepting a Walmart future as your dream job when you ‘get out of the military’ is for easily manipulated make believe dolts like you. Try a good paying union job that pays twice as much, you will feel less lost in the desert. But don’t tell anybody.
The Walmart Propaganda Cult in Bentonville
Thursday, July 10 at 02:59 PM
Walmart sucks the big one. This is how they really treat military families.
Public Comments to:
Department of Labor
Employment Standards Administration
Wage and Hour Division
29 CFR Part 825
RIN 1215-AB35
www.regulations.gov
The Family and Medical Leave Act of 1993 WakeUpWalMart.com, America’s campaign to change Wal-Mart, and our more than 415,000 members across the country, encourage the Department of Labor to act swiftly to
put in place regulations to ensure that military families have access to expanded FMLA leave as Congress intended.
Our organization is regularly in contact with Wal-Mart workers who have to fight the retail giant in order to be granted leave to illness, childcare emergencies, and
increasingly, military leave or deployment of family members. Two of their stories are below.
Olga Sanchez, of Big Spring, Texas, is a 52-year-old mother of five. Until February 12, 2008, she had worked at Wal-Mart store #513 for 24 years.
In January, Olga learned that her youngest son, Mark, would be deployed to Iraq on March 15th. Even though she had accrued three weeks of vacation, her request to take one week to travel to her son’s deployment was denied, because it was too close to inventory time. The reason she requested six days off was that she hoped to take a bus from Big Spring, to Savannah, Georgia, where her son would ship out from.
In February, her son called to say that his deployment had been pushed up to February 29th, just two weeks shy of his 21st birthday. Again, Olga requested six days off to travel
to Georgia to see her son off. She felt this was critical because she “didn’t know when [she’d] be able to see him again.”
Again, her manager denied her request, saying that when Olga took the job as department manager, her commitment became to Wal-Mart. At this point, Olga informed her
manager that her commitment was to her family, gave two weeks notice, and clocked out.
After 24 years as a dedicated employee, Olga has no interest in going back to work at Wal-Mart because she said “it’s very hard to work in a place” that shows its workers so little respect.
Previously, under different management, Olga was able to take unpaid leave to see her husband, a member of the National Guard, when he was deployed in January 2004.
Now, there is a chance that her 53-year-old husband will be called on to do another tour this summer.
She is afraid to start looking for a new job, for fear that she will have the same problem this summer if her husband is deployed.
Olga is not alone in those fears. Susan Lyons prepares party trays at a Sam’s Club in Flagstaff, AZ. In September, she learned that her 37-year-old daughter would be on leave from Iraq in December. Her request to take two days of paid vacation was denied because of the holiday shopping season.
Susan made arrangements for other associates to cover her shifts, if necessary. Again, the request was denied. When she expressed her disappointment, her manager told her that if her daughter’s deployment upset her so much, then her daughter “should not have joined the military.”
Susan persisted in requesting the necessary time off, writing letters to Wal-Mart’s human resources department, her members of Congress, and CEO Lee Scott. She received
written discipline during this period arising from her desperate push for time off.
She was ultimately granted one of the two days that she needed, but believing that her family was the priority, she took both days anyway, without approval.
Under the amended Family Medical Leave Act, Olga should feel more comfortable to find a new job, without the worry that she will again be forced to choose between her family and her job. Susan would not be forced to fight with management for weeks, and suffer the indignity of discipline, simply for wanting to spend time with her daughter, who is risking her life overseas.
It is critical that the Department of Labor to act quickly
to put in place regulations to ensure that military families have access to expanded FMLA leave as Congress intended.
Sincerely,
Meghan Scott
WakeUpWalMart.com
Real Power in
Thursday, July 10 at 05:36 PM
ddrb,
“Tony: Are YOU forced to be in Kuwait?”
Are Wal-Mart employees forced to work there?
RDS in
Friday, July 11 at 12:05 AM
RDS: I didn’t know there were WalMarts in Kuwait!
ddrb in
Friday, July 11 at 07:01 AM
ddrb,
“RDS: I didn’t know there were WalMarts in Kuwait!”
Here, I’ll explain it to you, when I said ‘there’, I meant Wal-Mart stores, not Kuwait!! Talking to you, is like talking to a child, one has to explain everything in detail!!
RDS in
Friday, July 11 at 12:29 PM
Comment Policy
WalmartWatch.com reserves the right, in its sole discretion, to remove or refuse to post blog comments.