[IP] AP: NC Trans Dept white workers hang rope noose in office during Black History Month and nobody is fired, no damages awarded, no hate crime because DA says no evidence noose was intended to intimidate.
Begin forwarded message:
From: Robert Lee <robertslee@xxxxxxxxxxx>
Date: May 18, 2005 8:35:53 PM EDT
To: dave@xxxxxxxxxx
Subject: AP: NC Trans Dept white workers hang rope noose in office
during Black History Month and nobody is fired, no damages awarded,
no hate crime because DA says no evidence noose was intended to
intimidate.
Reply-To: robertslee@xxxxxxxxxxx
I have seen grins that were intimidating. Especially recently. In
Washington. What is a rope noose, if not intimidating? Macramé? The
DA referred to in the last sentence should be impeached. Unless the
courts are willing to decree that a burning cross does not
intimidate. Or a swastika. This is outrageous.
* * *
N.C. Department Deemed Racially Hostile
By MARGARET LILLARD, Associated Press Writer 10 minutes ago
North Carolina's transportation department allowed a racially hostile
workplace but won't have to pay damages to black workers who sued
after a white co-worker hung a noose in a maintenance shop, a federal
jury decided Wednesday.
Seven black workers alleged in the civil rights suit that white
supervisors did nothing about the situation even after learning of
the noose. They said the rope remained on display for 35 days in 2002
beginning Feb. 1, the start of Black History Month.
The plaintiffs had sought an unspecified amount of monetary damages,
but one said that wasn't the chief reason for the suit.
"It's definitely a victory, because we set out to say it was a
hostile work environment and it was. So, I think we proved what we
set out to prove," James Mitchell said.
Lawyers for the Department of Transportation argued the state agency
should not be held responsible because upper managers didn't learn of
the noose until the employees filed a civil rights complaint one
month after it went up.
While the state escaped a potentially expensive payout, the
transportation department's personnel director didn't celebrate the
jury's decision.
"I don't consider it a victory for either side," Herb Henderson said.
"From my perspective, I'm sorry we had to be here."
Plaintiffs' lawyer Al McSurely said his clients have 30 days to
appeal, and will decide whether to do so after consulting political
and civil rights groups that have supported the lawsuit.
A Federal Highway Administration investigation found that the state
transportation department failed to meet basic requirements of
federal anti-discrimination regulations and faulted it for not
putting enough emphasis on fair employment.
The state department will continue to provide diversity training and
other tools to make work places more tolerant, Henderson said.
"We're going to make sure that environment is conducive to success,"
Henderson said shortly after the verdict was delivered. "The healing
process begins now."
No one lost their job as a result of the noose incident, although the
worker accused of hanging the noose has left. Raymond Powell
testified during the trial that he stopped working at the shop
because of a disabling injury.
Last year, Wake County's district attorney declined to file criminal
charges in the case, saying there was no evidence the noose was used
to intimidate.
Robert Lee
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