Suit: Panera in Springdale discriminated against blacks
By Janice Morse • jmorse@enquirer.com •
December 31, 2009
Butler County man alleges Panera Bread fired him from its Tri-County location because he refused to stop hiring African-Americans.
In a lawsuit filed in federal court in Cincinnati, Robert McFarland of Middletown, who is white, said he was fired in July from his manager's job at the Springdale Panera after he hired qualified African-American applicants for jobs.
McFarland alleges that his boss instructed him in December 2008 to "stop hiring African-Americans" and to "clean up: the restaurant's image by terminating the employment of African-Americans."
McFarland's lawyer, Dana Luther, says she has evidence to support McFarland's allegations.
"He had nothing to lose by doing what they said. He would have kept his job. But he refused to abide by what they were telling him to do," Luther said. "He's white and he wasn't going to stand for discrimination. I find that very commendable. That took a lot of courage, and it cost him his job."
Parties named in the Panera suit either declined to comment or couldn't be reached Thursday.
Luther said several black employees of Panera "stepped down" rather than face firing in light of the alleged discriminatory policy.
McFarland has also filed a claim with the Equal Employment Opportunity Commission, and she believes at least one other person may have done so.
In the suit, McFarland seeks a permanent injunction forbidding Panera from engaging in retaliation. He wants Panera to put new policies into place that "eradicate the effects of its past and present unlawful employment practices," the suit says. McFarland also wants Panera to pay his back pay with interest, compensation for his losses, punitive damages and lawyer's fees.
McFarland had been general manager of the Panera located at 405 E. Kemper Road.
Luther said McFarland's firing from Panera has made it difficult for him to find other employment, but she wasn't sure Thursday whether he remained unemployed.
No dates have been set for the case in U.S. District Court, Cincinnati.
