Lawsuit alleges culture of racial harassment, discrimination at Topeka Frito-Lay plant
The Frito-Lay plant in Topeka fostered a culture of racial harassment and discrimination as management failed to discipline white employees who used racial slurs and threatened to lynch Black employees, three current and former employees alleged in a lawsuit filed last week.
The lawsuit was filed in U.S. District Court for Kansas against Frito-Lay on behalf of two former Black employees of the plant, Melvin Smith and Antonio Pead, and one current Black employee, Daniel Askew.
It claims Black employees were disciplined for offenses that white employees were not, that white employees were promoted ahead of Black employees and that racist behavior in the plant was tolerated.
In an emailed statement, a spokeswoman for Frito-Lay said the company could not comment on ongoing litigation.
“Discrimination of any kind is not tolerated within Frito-Lay or its parent company, PepsiCo,” the statement said. “We are committed to respecting human rights and supporting diverse and inclusive workplaces. We have dedicated significant resources to support a wide range of racial equality and social justice initiatives for people and the communities where we live and work.”
Tiffany Klosener said the discrimination her clients faced eventually came to be too much and when they could no longer tolerate the treatment, they sued in hopes to change the environment.
“My clients and me believe that Frito-Lay has a fundamental responsibility to root out and expose racism in the plant,” Klosener said. “Unfortunately that hasn’t happened and my clients have lost patience with their employer.”
Allegations
According to the suit, Melvin Smith, who had worked at the plant since 2009, met with leadership multiple times to complain about racism in the plant and favoritism towards white employees.
He reported that a noose was found hanging in the plant and that a white employee had called a Black employee the n-word.
The white employees were never terminated for their actions, though Smith was at one point suspended for three days after complaining to management for “raising his voice and using offensive language.”
Management told Smith they felt threatened by him, though another manager in the meeting reported that Smith never raised his voice, the suit said.
Smith ultimately resigned in July 2018, shortly after he learned that a white employee had threatened to lynch him and was not disciplined. The suit said Smith “became increasingly concerned about his physical safety.”
Daniel Askew, another plaintiff, resigned after consistently being disciplined for offenses that white employees were not disciplined for, the suit said.
When Askew reported violations from other workers, the suit said, he was written up for “inciting disorder due to his complaint.” Similar situations occurred regularly, the suit said.
Askew, the suit said, was “subjected to an ongoing racist and unfair workplace.”
Antonio Pead, who still works at he plant, has allegedly applied for leadership positions 11 times and been passed over despite being told he excelled in interviews and has the qualifications for the job.
The jobs, the suit said, were often awarded to white employees with less experience.
Early this year, the suit said, an employee who was previously disciplined for calling Pead the n-word was promoted ahead of Pead.
Like Askew, Pead alleged in the suit that he was unfairly disciplined by white managers.
The men are suing the company for violation of the Civil Rights Act.
