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Race Discrimination Suit Against South Carolina Nucor Plant Granted Rare Class-Action Status By Federal Court

Posted on: Tuesday, 18 August 2009, 10:00 CDT

CHARLESTON, S.C., Aug. 18 /PRNewswire/ -- A federal appeals court in Richmond, Va., has issued a rare order reviving a class action in a race discrimination case against Nucor Corp.'s steel plant in Huger, SC, lawyers for the plaintiffs announced today.

The 4th U.S. Circuit Court of Appeals issued the ruling in Brown v. Nucor Corp., reversing the district court. The issues in the case involve claims that there is a plant-wide atmosphere of racial hostility toward black employees, and that the plant has discriminated against black employees in making promotions.

Wiggins Childs, Quinn & Pantazis is the Birmingham, Ala.-based law firm that represents the plaintiffs, along with Derfner, Altman & Wilborn, of Charleston, SC.

"These employees have fought hard for a number of years to get Nucor to change, to no avail," said Robert L. Wiggins, Jr., lead attorney. "Being involved in this case as plaintiffs has taken courage, but these individuals believed that it was important to change the horrific situation at the plant for all African American employees, and not just themselves."

In its decision, issued on Aug. 7, the Appeals Court made the following statements about the racial environment:

"The allegations that the appellants present in support of their racial discrimination and hostile work environment claims speak for themselves: white supervisors and employees frequently referred to black employees as "nigger," "bologna lips," "yard ape," and "porch monkey." White employees frequently referred to the black employees as "DAN," which stood for "dumb ass nigger." These racial epithets were broadcast over the plant-wide radio system, along with "Dixie" and "High Cotton." Monkey noises were also broadcast over the radio system in response to the communications of black employees. The display of the Confederate flag was pervasive throughout the plant, and items containing Nucor's logo alongside the Confederate flag were sold in the plant's gift shop. Additionally, several e-mails that depicted black people in racially offensive ways, such as by showing them with nooses around their necks, were circulated by various employees."

Plaintiff Ramon Roane said in a statement, "We are all pleased at this ruling, and we're looking forward to the chance to present all our evidence and prove our case. Our hope and prayer is that this leads to better conditions for everyone."

Attorney Armand Derfner said the rare ruling is a "shot in the arm for all of those who have feared that our courts will not protect civil rights and civil liberties." He said the decision set a precedent as the first Appeals Court opinion in the United States to order a class action on an interlocutory appeal.

Regarding the claim of discrimination in promotions, the Court said:

"The appellants have certainly presented compelling direct evidence of discrimination, such as denials of promotions when more junior white employees were granted promotions, denial of the ability to cross-train during regular shifts like their white counterparts, and a statement by a white supervisor that he would never promote a black employee. This evidence alone establishes common claims of discrimination worthy of class certification."

The plaintiffs, seven African-American employees, brought suit on behalf of themselves and a class of approximately 100 other black employees. The case was originally filed in Arkansas on December 8, 2003, joined with claims of discrimination against other Nucor facilities. The claims of the South Carolina plaintiffs were severed and transferred on August 23, 2004. All current or former black employees of Nucor Berkeley from December 8, 1999 are now part of the class.

About Wiggins, Childs, Quinn & Pantazis, LLC (www.wcqp.com): Since 1985, Wiggins, Childs, Quinn & Pantazis has established a tradition of excellence in discrimination, consumer protection, and employment law. The firm has offices in Birmingham, Ala. and Washington, D.C.

About Derfner, Altman & Wilborn, (www.dawlegal.com): Combining practices that go back to the 1960s, Derfner, Altman & Wilborn was established in Charleston in 2003. The firm has a general practice specializing in personal injury and real estate as well as civil rights and constitutional litigation and labor and employment cases.

CONTACTS:

SOURCE Wiggins Childs, Quinn & Pantazis

Source: PR Newswire

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