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Tennessee African-American Employees Settle Discrimination Action with The Gap, Inc. for $538,000

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Case ID: 2752 | Civil Rights | 01/27/2004

The parties have reached a tentative $538,000 settlement in a class action filed against clothier The Gap, Inc. on behalf of African-American employees who were employed at the Gap's Gallatin, Tennessee, campus between October 7, 1999, and September 12, 2003. The action alleged that the employees were discriminated against in violation of the federal Civil Rights Act of 1964 and the Tennessee Human Rights Act. Persons eligible to participate in the action should contact the class attorney for more information.

Each settlement class member who was employed by the Gap between October 7, 1999, and September 12, 2003, must submit a valid claim form and release to be eligible to receive a $400 cash payment. As part of the settlement agreement, the Gap must implement systems of placing, assigning, training, evaluation, transferring, compensating, promotion and disciplining African-American employees in a nondiscriminatory manner. The company must also establish a task force on equality and fairness to determine the effectiveness of the programs.

The action alleged that the company did not prevent its white employees from making racial and derogatory comments toward African-American employees. The action also alleged that the Gap engaged in systematic racial discrimination against African-American employees at its facilities in Gallatin through discriminatory promotion and selection procedures.

More specifically, the action alleged that white managers made racist comments, failed to remove racist graffiti, and did nothing about derogatory comments that violated the Gap's zero tolerance policy. On one occasion in June 2002, white employee Brandon Whitworth allegedly went into the break room where three African-Americans were sitting, and suggested that the company should put "neck bones and chitterlings" in the vending machine. Court records indicated that a complaint was filed in the Gap human resources department concerning the incident, but no action was ever taken.


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