White workers sue claiming discrimination
by Brandon Wilson
bwilson@mdjonline.com
February 15, 2010 01:00 AM | 3518 views | 21 21 comments | 84 84 recommendations | email to a friend | print
KENNESAW — Four city of Kennesaw employees have filed suit in federal court alleging they were part of a “witch hunt,” in which city officials targeted the white plaintiffs because of their race to show that the city would not tolerate offensive e-mails.

The suit is in relation to a March 2009-filed lawsuit, in which two black workers in the city’s Public Works Department and one former worker from Korea alleged racial discrimination amid a hostile work environment. Plaintiffs alleged they were subjected to racial slurs and racially charged jokes, and claimed that offensive e-mails were circulated by city employees. That suit was settled. Five city employees were let go after the city investigated and former Councilman John Dowdy resigned his seat after the lawsuit was filed. Plaintiffs Willie Smith, Stanley Mitchell, Gary Redd and the law firm representing them were paid $1.8 million.

“There were at least 20 white employees who were selected for their race to make a point in response to the Smith case,” said the plaintiffs’ attorney David Cox, of Pekor and Associates in Atlanta.

The most recent suit, which is against the city, Mayor Mark Mathews, City Manager Steve Kennedy and Human Resources Director Richard Klein, was filed on Feb. 10 in the U.S. District Court for the Northern District of Georgia by police Officers Scott Lewis and Scott Luther, and Department of Public Safety workers Linda Johnson and Susan Power — who claim they were deprived of their civil rights.

Mathews said he had not yet been served and did not want to speak directly about the lawsuit. However, he said the city did not single anyone out in its investigation and, “We did everything we could to make a work environment that is non-discriminatory.”

According to the lawsuit, one week after the Smith plaintiffs filed suit, Kennedy and Klein directed the city’s Information Technology Director Teri Chambers to search e-mail archives for offensive content that possibly violated the city’s Internet and Email Usage policy.

E-mails were found to be in violation. However, the suit claims only white employees, including the four plaintiffs, were disciplined for violating the e-mail policy — even though non-white employees had the same e-mails in their archives.

“We’re not saying city of Kennesaw hates white employees, that’s not the basis of this suit,” Cox said. “But in this case, they chose white employees to discipline. They chose them because of race. Higher ups were also not disciplined. The reasoning in that is, it would not have helped them at all in the Smith case.”

He said city officials needed to show that they were disciplining white employees. There were complaints that the city had ignored Smith, Mitchell and Redd’s allegations of racial slurs, jokes and e-mails, Cox said.

According to the lawsuit, “These e-mails included depictions of a ‘ghetto wedding’ and a link to an interactive online video game called ‘Border Patrol,’ involving the shooting and killing of ‘wetbacks.’ City officials took no action in response to the Smith plaintiffs’ complaints.

“Upon information and belief, in response to the Smith plaintiffs’ allegations in their (Equal Employment Opportunity Commission) charges and their subsequent lawsuit, city officials took steps to show that they had or, in fact, would discipline employees, but as it turned out, only white employees, for e-mails that contained racially offensive content.”

Additionally, Cox said several of the e-mails “had not been sent, just received” by white employees who were disciplined.

Moreover, in response to an open records request, which “was initiated by the Smith plaintiffs or was in some way associated with their EEOC allegations,” according to the lawsuit, the city revised its e-mail and Internet usage policy and Kennedy sent a memorandum regarding the changes to employees. In his Dec. 17, 2008, memo, Kennedy stated that future violations would result in disciplinary action, according to the suit.

“None of the e-mail content upon which Plaintiffs’ disciplinary action was based occurred after the December 17, 2008, memorandum and policy revision stating that employees would be disciplined for future infractions,” the lawsuit states. “Moreover, the e-mail content upon which Plaintiffs’ discipline was based was also contained within the e-mail archives of non-white employees (and, indeed, several City officials) who were not disciplined.”

The two police officers and two public safety workers were suspended for three to 10 days, Cox said.

The plaintiffs are seeking recovery of back pay and benefits, unspecified monetary damages and attorneys’ fees, among others.
Comments
(21)
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Legacy Park
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January 17, 2011
This mayor and council are as dirty as they come. Please attend the meetings and help throw these bums out. If we don't throw them out, we get what we deserve.

kennesawex
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January 17, 2011
Attend some City Council Meetings People. Voice your opinion. Kennesaw has the highest taxes also! I still own a house in Kennesaw but live in Our home Bartow now. Try to sell a house in the City limits of Kennesaw.
Concerned Citizen
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June 18, 2010
Any new news on this??? The city will not update the community and I haven't seen anything in the papers.
Don, Kennesaw
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March 01, 2010
What an absolute disgrace this mayor and council are to Kennesaw. On lies and empty promises I voter for Matthews, never again, what a disgrace of a mayor. When is the next election in Kennesaw?
anonymous
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February 24, 2010
This sounds like the beginning of the end for city offial. They need to stick with running the city and bring in a HR firm to handle HR.
Concerned Taxpayer
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February 24, 2010
The governor should take a look at the city with all this suing going on before the mayor and council make it go bankrupt. There could be more suits coming from the demoted jail supervisor case since he was not fired for multiple counts of sexual harassment and multiple counts of racial discrimination, even after special supervisor training.

Look at the "Similar Stories" above - Kennesaw doles out $1.8M for racial suit, Racial Suit, Kennesaw suing liability insurance carrier, and of course this one.

WAKE UP KENNESAW!!!!!!

anonymous
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February 24, 2010
Why can't people see that the city manager can NOT manage the city and the mayor and council can NOT mange him.

It's time for a change of all managers, the new good ole boy network needs to go.
The Chef
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February 24, 2010
Mathews said “We did everything we could to make a work environment that is non-discriminatory.”

“There were at least 20 white employees who were selected for their race to make a point in response to the Smith case,” — even though non-white employees had the same e-mails in their archives.

“Moreover, the e-mail content upon which Plaintiffs’ discipline was based was also contained within the e-mail archives of non-white employees (and, indeed, several City officials) who were not disciplined.”

(ALL of the above are quotes from the above story)

Now Mr. Mayor how would you like your crow, apparently you don't know how to do "everything to make a work environment that is non-discriminatory". The city has been on hard times since you took office.

anonymous
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February 23, 2010
sounds like the underage drinking case and the powers to be doing whatever they want..amazing how people in power try to get by and blame others..
Cindy in Kennesaw
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February 22, 2010
Thank you George! Finally someone sees the real problem. Steve Kennedy needs to go, and those city councilmen who have been around and have allowed this to continue. Including Mark Mathews who was on the council for too many years.

We need real people to represent this great place to live!!!
GeorgeFoggerty
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February 22, 2010
I can't imagine the mayor and more importantly the city manager not being held accountable. How many costly errors can we afford? The tax payers deserve much better in the form of a city manager that really is a manager and not a puppet of the mayor. How long must we suffer?
J.Q.Conformist
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February 18, 2010
August 27, 2009

Mayor Mark Mathews stated, "Kennesaw will not tolerate any harassment, discrimination or retaliation toward any employee."

Picking on a few select people... to make a point about not discriminating or harrassing... I think this is an absolutely fair case that these workers have and I hope they are vindicated.
what a job
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February 17, 2010
Where do I apply for a job there...I quit scool in ninth grade ..I would fit in perfectly...cant wait to start...they may even make me the mayier!!
too bad
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February 17, 2010
so let me get this straight.. they get their hands caught in the cookie jar and THEY SUE? what happened to personal responsiblity? if the city is so horrible to work for, why stay there?
anonymous
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February 17, 2010
You can take the guy out of the trailer....
Bugs Bunny racist
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February 16, 2010
Funny that Bugs Bunny below ddin't come on here two months ago when 3 african americans sued the city of Kennesaw over the same exact emails and won a million dollar lawsuit. Sounds to me the Bugs Bunny is the epitomy of hypocrisy and racism. If you claim freedom of speech now, then it is freedom of speech when black folks receive the same emails. Get a life you bigot.
Tina78
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February 16, 2010
Maybe people will think twice before they forward racist and sexist emails.
bugs bunny
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February 16, 2010
FREEDOM OF SPEECH...END OF STORY...

IT IS NOT AGAINST THE LAW TO TELL JOKES, OR TO DISLIKE OTHERS....END OF STORY....

RIDICULOUS, FRIVILOUS LAWSUITS FROM PEOPLE WHO DONT WANT TO WORK....
bear42
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February 16, 2010
As a former long time business person in Kennesaw I am sad to see City Politicians that have a backbone problem and lack a common sense compass. The City Attorney collects a hefty fee to make sure ordinances are worded vague enough. Defend the City? It won't happen. Collect money and keep a low profile is there game. In the past Kennesaw has had some mayors with common sense and a sense of purpose. J. O. Stephenson comes to mind as such a mayor. His word was good as gold.

Now Kennesaw has politically correct persons that talk in circles.

Good luck Kennesaw.
GunnyPapa
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February 16, 2010
If the basis for discipline was soley only emails received then shame on the City of Kennesaw.

It would of seemed that common sense would of made one to investigate and search out those who sent the emails. If a jury were to review all this, I doubt very much that even Mr. Smith and company would of even a settlement.

Although I tend to believe that something did occur, I firmly beleive if Mr Coxs's answers are true, then the the four singled out are due far more than the original plantiffs, especailly the police officers whose ingegrity is now compromised.

Instead of settling due to costs associated with these types of suits, the city attorney hired to represent the city should be held to his oath. Instead of coming to an an agreement to keep things quiet or cost effective, he should of fought for the city and the employees, who is sworn to defend, who may have been wrongfully accused. It is so easy to put the blame on an employee these days and settle..However most city or county governments never want to accept blame or responsibilty for practices and acepted behavior that has gone on for ages.

Respectfully,

RJH GySgt USMC(RET)
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