Woman claiming discrimination gave employer no chance to respond: lawyer
DARTMOUTH — A lawyer representing Leon’s Furniture suggested a woman who quit over alleged racial discrimination didn’t give the company an opportunity to respond to her concerns before resigning.
“You would agree with me that it would be hard for Leon’s to do anything about complaints if you haven’t brought the information to their attention,” said Lisa Gallivan during cross-examination at a Nova Scotia Human Rights Commission hearing on Tuesday.
Garnetta Cromwell of Dartmouth worked at Leon’s from October 2004 until May 2008. She claims she was discriminated against in matters of discipline, and also subjected to slurs by a supervisor – culminating in a comment about “lynching” just before a performance evaluation.
Cromwell said she told her area supervisor about the incident and was told to report it to the general manager – who’d been present when the comment was made.
“I felt I didn’t have to (report it,) they were right there in the room. They heard it. It was clear,” said Cromwell when Gallivan asked why she didn’t report the incident.
Cromwell said the supervisor in question “always had an audience” when he made racial comments, such as comparing her to Condoleeza Rice or saying her hair felt like “wool.”
Gallivan read employee responses to an investigation launched after Cromwell’s resignation, all of which stated the employees had never witnessed any racial comments or harassment.
One assistant manager confirmed the lynching comment, and admitted that although it was “inappropriate,” it wasn’t meant to be racist.
“(The supervisor) will sometimes speak without thinking, but not in spite or meanness,” said the manager’s statement, adding she believed Cromwell and her supervisor didn’t get along.
Gallivan also raised several concerns about Cromwell’s performance, noting she’d been disciplined for documented attendance problems.
Cromwell is seeking loss of income and general damages from Leon’s Furniture.