The media has focused exclusively on Paula Deen’s use of the so-called “N-word”. In doing so, it has ignored more important aspects of the lawsuit filed against her.
The plaintiff in the case is Lisa Jackson, former General Manager of Uncle Bubba’s Oyster House Restaurant in Savannah, Georgia.
Lisa Jackson
At the center of the complaint filed in the case is Earl “Bubba” Hiers, the brother of Paula Deen.
Among the allegations listed in the complaint:
- Hiers “frequently visits strip clubs and would bring to the workplace numerous stories…regarding the highlights of his visits.”
- Hiers “commented to…Jackson regarding a female employee who was married to a significantly younger man, ‘Can you imagine that man going to bed with her?'”
- “The male General Manager of the Lady & Sons Restaurant is paid substantially more” than Jackson was as General Manager at Uncle Bubba’s Oyster House–even though both are run by the Paula Dean Family of Companies.
- In addition, “there are male managers below the General Manager level at Lady & Sons Restaurant that are compensated more than…Jackson and who received compensation in addition to salary, including bonuses and retirement not allowed to…Jackson.”
- On July 20, 2010, Jackson told Hiers that a white restaurant employee had made “a sexually harassing comment” to a black kitchen staffer. “Seething with anger and red in the face….Hiers repeatedly screamed at [the witness] asking what he saw….Unsatisfied with [the witness’s] response…Hiers physically and violently shook him and stated, ‘Fuck your civil rights. You work for me and my sister Paula Deen,’ saying futher: ‘You’re not going to get me sued over some little bitch.’ Mr. Hiers proceeded to physically and violently shake [the employee].”
- “The staff of Uncle Bubba’s restaurant was in a constant state of fear awaiting Bubba Hiers’ arrival at the restaurant and any required interaction with him.”
- “The stress of repeatedly taking on the role of anticipating…Hiers’ violence, moderating it to the extent possible, and playing the go-between role with her staff caused…Jackson enormous stress.”
- This “caused chest pains and…panic attacks that would often begin when…Hiers’ truck pulled into the parking lot or upon appearance of the white cup–the styrofoam cup poured almost full with whiskey at approximately 10 a.m., whereupon…Hiers began his day of drinking and abusive behavior. When the truck pulled up or the white cup appeared, staff would scatter, leaving…Jackson to manage…Hiers.”
- “Jackson’s pleas for relief from the harassment to senior management also took the form of requests…for a transfer anywhere in the company–even if it required a cut in pay. But she was told…that Paula Deen would never let her leave Uncle Bubba’s restaurant.”
- When Jackson directly asked Deen for a transfer, Deen “told…Jackson she could never leave Uncle Bubba’s restaurant.”
- “Corporate counsel James P. Gerard would frequently call…Jackson at home in the evenings and on the weekend to discuss and sympathize with the discriminatory conditions and abusive treatment she confronted.”
- “For over five years, Ms. Jackson made numerous and frequent complaints of racial and sexual harassment and abusive treatment to the highest levels of corporate management and ownership, including:
- “Defendants Paula Deen and Bubba Hiers; Paula Deen Enterprises Chief Operation Officer and Director of Operations Theresa Fueger; the Certified Public Accountant…Karl Schumacher; and to the attorney for defendants, James P. Gerard.”
- “The conduct was universally known and tolerated within the ownership and management levels of the corporate enterprise, and by corporate counsel and no remedy was offered.”
Deen hasn’t helped herself with her response to the firestorm of criticism that has descended upon her.
On June 20, the full, unedited transcript of Deen’s deposition was leaked–proving that she did, in fact, admit to using the dreaded “N-word.”
The media chose to focus on this–and completely ignored the multiple instances of sexual/racial harassment, drunkenness and violence.
On June 22, Deen canceled a scheduled appearance on the Today show to discuss the reports. She released a video apology that went viral. This was quickly taken down and replaced with a second version.
Paula Deen apology video
“Your color of your skin, your religion, your sexual preference does not matter to me,” Deen told her viewers. “But it’s what in the heart. What’s in the heart. And my family and I try to live by that.”
Deen then posted a third video, directly apologizing to Today host Matt Lauer for cancelling her scheduled June 22 interview with him.
On June 26, Deen finally appeared on Today, tearfully offering a response that was half-apology, half-defiance:
“If there’s anyone out there that has never said something that they wished they could take back. If you’re out there, please pick up that stone and throw it so hard at my head that it kills me. Please. I want to meet you. I is what I is and I’m not changing.”
But none of these appearances have reclaimed one lost sponsor–nor caused the media to back off.
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MORE THAN THE “N-WORD”: PART FOUR (END)
In Bureaucracy, Business, Law, Social commentary on July 5, 2013 at 12:07 amDeserted by most of her major sponsors and branded as a racist by the media, Paula Deen believes she has found the magic solution to her problems: Hollingsworth v. Perry.
That’s the Supreme Court case which effectively legalized gay marriage in California.
On July 1, Deen’s lawyers cited Chief Justice John Roberts’ decision in a filing submitted to the U.S. District Court in the Southern District of Georgia. To quote Roberts:
“In other words, for a federal court to have authority under the Constitution to settle a dispute, the party before it must seek a remedy for a personal and tangible harm.”
On June 26, the Supreme Court rejected former California State Senator Dennis Hollingsworth’s defense of Proposition 8, which banned same-sex marriage. The reason: The Justices believed that, as a heterosexual, he could not be tangibly harmed by same-sex marriage.
Applying this to the Deen lawsuit: Lisa Jackson can’t sue Deen and her brother, Earl “Bubba” Hiers for racial discrimination because she herself is white–and thus could not have been harmed by racial discrimination, even if this had occurred.
While these legal gymnastics may offer Deen some momentary solace, they come too late to prevent the loss of millions of dollars she has suffered in the mass desertion of her sponsors.
Mega-corporations like the Food Network, Wal-Mart and Smithfield Foods aren’t going to renew their ties to Deen anytime soon–if ever. And, at this point, “if ever” looks more like “never.”
The scandal ensuing from her admitting to use of the “N-word” in her deposition has already cost her far more than any court judgment could.
Moreover, she desperately needs to put this disaster behind her–and as quickly as possible.
Her appearances on TV and the Internet have been filled with self-pitying tears and pleas for forgiveness. But they have most likely reminded viewers of the infamous “I Have Sinned” extravaganza put on by televangelist Jimmy Swaggart in 1988.
Paula Deen apology
Outed with a prostitute, Swaggart gave an alternately fiery and tearful speech to his family, TV congregation and God: “I have sinned against You, my Lord, and I would ask that Your Precious Blood would wash and cleanse every stain until it is in the seas of God’s forgetfulness, not to be remembered against me anymore.”
Jimmy Swaggart’s confession
Yes, the U.S. District Court might rule in Deen’s favor that, as a white, Jackson could not have been harmed by racial discrimination.
But Jackson’s lawyers can certainly argue that she was harmed by receiving unequal pay and being exposed to a climate of sexual harassment, obscenity, assault, battery and humiliating behavior.
The longer this lawsuit drags on, the more the public wll be exposed to the truth about Deen’s treatment of her employees. And the less likely they–and, more importantly, her former sponsors–will be to forgive her.
So no matter how clever she thinks her lawyers are, her best bet would be:
The media has focused its attention on Deen’s admission to having used the “N-word.” But clearly she was running a dysfunctional operation–replete with alcoholism, racial prejudice, violence, sexual harassment and theft.
Deen has claimed she knows that the days of Southern racism are past. But according to the complaint filed against her by her former General Manager, that past remains very much alive at Deen’s restaurants:
Many of Deen’s supporters have claimed she is the victim of anti-Southern prejudice.
But the truth appears that Deen is far less victim than victimizer–allowing her brother to subject both his black and female employees to obscene, alcoholic, violent and humiliating behavior.
In her deposition, Deen admitted to being warned by MackWorks, a business consulting firm, that sexual/racial discrimination was rife at her brother’s restaurant.
And how did she respond?
“I didn’t read the report,” admitted Deen. “I know my brother. I know his character. If I ask him something, he would not lie to me, nor would I to him. There was nothing to investigate.”
The wonder is not that the chickens have finally come home to roost for Paula Deen. The wonder is that it took so long for them to do so.
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