by John Phillips
In the movie 42 when the Dodgers played the Redlegs in Cincinnati for the first time after Jackie Robinson had become a Dodger, the Reds’ fans greeted the Dodgers with considerable vitriol—like they were greeted at every ballpark where they played during Robinson’s rookie year. The Dodgers took the field, and the boos rang out, along with a barrage of racial slurs. Sitting in the stands were a father and son. The father booed, and then he uttered the N-word, just like his buddies sitting around him. His son (maybe 10 or 11 years old) looked up at him—and then followed suit. He blurted out the N-word. The sins of the fathers.
Unfortunately, anyone who grew up in the South (and 42 makes it clear that it wasn’t just a southern thing) and is Paula Deen’s age is likely guilty of using a racial epithet at some point in her life. (One wonders if the late Sam Walton from Arkansas, whose Walmart cut Deen loose as quickly as it would have a convicted terrorist, ever uttered the N-word.) Hopefully, these utterances occurred a long time ago, and the utterers’ language and hearts have changed over the years. Paula Deen says that’s true of her.
I know almost nothing about the lawsuit that provoked Deen’s sudden fall from grace (other than it involves in part a claim that the white female employee who filed the suit was subjected to a racially hostile workplace in a restaurant partially owned by Deen). I know nothing about the language Deen used as a child or has used since then. And I’m certainly incapable of looking into her heart.
I do know that the fact Deen used a racial slur at some time in the past doesn’t amount to race discrimination or harassment. It is apparently, however, grounds for a scarlet letter-like humiliation. Deen has been cast into the hell reserved for the daughters of Jezebel and Lizzie Borden.
I’m ashamed of slavery, Jim Crow, and language used to denigrate fellow humans solely because of the color of their skin. I’m ashamed of the society that created all that. I’m also ashamed of the society that has thrown Deen to hypocritical wolves more concerned with profits than people—well before the race discrimination/harassment case in question has run its course. The answer to a single deposition question has been allowed to prove an employer guilty of discrimination in the court of public opinion.
Hopefully, the son in 42 doesn’t have a cooking show now or isn’t about to be deposed in a race discrimination case because he’ll be forced to lie if asked the question posed to Deen—either that or be persecuted and ostracized.
This kind of injustice doesn’t atone for the injustices of the past. Rather, it makes a mockery of all the suffering and hard work that led to the passage of the Civil Rights Act, which gave birth to “employment law” and its decades-old mission to level the playing field in the workplace.
John B. Phillips has practiced employment and business law for almost 40 years. While he has been in private practice for most of his career, he has also served as VP and Deputy General Counsel for Labor and Employment with Coca-Cola Enterprises and Senior VP and General Counsel with CraftWorks Restaurants and Breweries. He now consults with various companies and organizations concerning HR, business and leadership-related issues. He can be reached at johnphillips.consult@gmail.com.
Thank you Thank you. I have been saying this since I first heard of this disgraceful behavior that began with The Food Network. If this is reason to destroy a person’s life, then we are probably all guilty and deserve to suffer this deplorable punishment. I can only hope that many many people will express their disgust with “The Food Networks” for “casting the first stone”.
Finally, the voice of reason.
Thank you! This is exactly what people need to know about this case. Well said and thank you again!
I respectfully disagree. First, Paula Deen rose to national fame by promoting her personal story and character. She relied on a homey, folksy, gracious persona to sell her products. The deposition testimony revelation is certainly at odds with that persona and her customers and corporate supporters are justified in feeling duped. Second, the allegations in the complaint (understandably only a complaint and not yet proved) describe an atmosphere at her restaurant filled with racist and sexist vitriol. She was clearly notified of the complaints and took no action. Finally, in her deposition, she testified that in 2007 she planned a “Southern style plantation wedding” from the Civil War era using a waitstaff of black men dressed in white dinner jackets, as she had seen elsewhere. Asked by one of the lawyers whether she’s aware that those men would have been slaves in the Old South, she said she knew that. Together the above incidents describe a person who demonstrates a value system that perhaps Corporate sponsors would not want to be associated with.
I whole heartedly agree with your analogy regarding Paula Deen being cast into the depths – and I believe that the media blew everything out of proportion, thus companies had knee jerk reactions – some of which may cause their companies to be boycotted by loyal Paula fans. I liken the media reaction to a vicious Pirhana attack – going into a feeding frenzy.
I hope that Paula Deen is able to recover from this vicious attack and wiser consumers will stand behind her in her future endeavors- and I know that once she recovers psycologically, she will come out on top.
I’m curious if people would feel the same way if it were Jewish people of the holocost being negatively discussed by Germans?
Using a racial slur in the past is one thing. Having a discriminatory workplace is quite another. I don’t like either, and the latter is illegal.
I agree 100% with Laura Noble – context is everything and needs to look beyond Paula Deen’s persona. If the allegations are credible, the tepid response by Paula’s organization needs to be countered. We love to champion the power of the free market in “solving” workplace problems but I wager Ms. Deen would rather embrace an EEOC investigation and minor fines rather than face the massive loss of corporate sponsors.
In response to Laura’s post –
There are probably thousands of homey, folksy, gracious folks that have used the n word. What’s happening to her will only encourage them to lie on a deposition or face the same punishment. How do you feel about the civil war re-enactors that “celebrate their heritage” every year? Why aren’t they condemned for their behavior? The punishment for Paula Deen doesn’t seem to fit the crime – and I’m not even a fan of hers.
There is not a person in this country, possibly the world,that has not used a word, racial slur or not, that is offensive to someone somewhere. No one has the right to destroy a person’s life based on a single word and that includes the Food Network and all those businesses (and you know who you are) that followed suit because of the almighty dollar. This country owes a big apology to Paula Deen. Her fans rushed out to her restaurants and pre-ordered her new cook book to show support. Now I get an email from Barnes and Nobles saying my pre-ordered has been cancelled because Random House has refused to publish the book. Shame on you! They have no trouble publishing a expose book on a person but someone who used a “word” years ago?
I whole-heartedly agree with Mr. Phillips. I do not think that Ms. Deen’s actions warranted this kind of public outcry. Indeed, most, if not all, of those crying foul are also guilty of having said some racial/ethnic slur at one time or another. I, too, grew up hearing the “N” word and repeated it without ever making the connection to a person who was black. This reaction is harsh by any standards.
We belong to a sue-happy society, where people feel justified to sue just because they can. But just because they can, doesn’t mean they should, and it certainly doesn’t mean they’re right and the person being sued is guilty. We preach racial/religious tolerance, and equality for all, but we certainly do not practice it. It must be a 2-way street. It must be for ALL.
Thank you John for giving a true and real perspective on what is the reality of some of the companies and organizatuions will do to be polictically correct. That is the easy way out the hard part is admitting you did something wrong and willing to correct it and make it right, if given the chance.
In Savannah Georgia in the late 60’s I had as a required reading (at St. Vincent’s Academy) a book entitled “Nigger” by I think Dick Gregory. This whole matter has been very frustrating, and stupid, and the epitome of DOUBLE standard.
But when they persisted in asking Him, He straightened up, and said to them, “He who is without sin among you, let him be the first to throw a stone at her.”. Jesus KJV John 8:7.
While I detest the use of that particular word and all like it which degrade people, I am thankful that I am not being held accountable for every careless or offensive thing I’ve said in the last 25 years. The fact that one woman was honest enough to admit she was wrong a couple of decades ago and we destroy her is incredible.
In contrast, athletes and other famous people can commit felonies like rape and domestic assault and still have the ability to return to their careers and make obscene amounts of money is very disturbing. The punishment does not fit the crime in this case.
The prevailing notion that due to past injustices we need to even the score is sheer lunacy. That is vengeful and hateful thought and nearly identical to the “injustices” of the past. Lets work to make our lives and workplaces better and stop with the laws and rhetoric that cause more problems than they will ever solve.
http://bit.ly/1eGG4Xk
John, here is an update on the legal case against Paul Deen, with the judge yesterday dismissing the race discrimination claims filed against her by a former employee. tk