>> Class Action Lawsuit Filed Against National Seafood Chain Claims That Best Paying Positions Are Reserved for Whites>> San Francisco — McCormick & Schmick’s Seafood Restaurants, Inc., a group of 61 upscale restaurants across the nation, has been charged with violating federal and state laws against race discrimination in employment in a class action lawsuit filed today in U.S. District Court in San Francisco. Claiming that the restaurant chain fails to hire qualified African Americans and instead favors white job applicants and employees in an effort to present a “white image” to the public, African American job applicants and current employees of McCormick & Schmick’s filed Wynne et al. v. McCormick & Schmick> ‘> s Seafood Restaurants, Inc., represented by Lieff Cabraser Heimann & Bernstein, LLP, the Lawyers’ Committee for Civil Rights of the Bay Area, and several other law firms.>”McCormick & Schmick’s is making employment decisions based on skin color,” stated attorney Diana C. Tate, head of the African-American Agenda at the Lawyers’ Committee. “Whites are hired for positions in the front of the restaurants as servers, hostesses/hosts, and bartenders. African Americans are either not hired or relegated to low paid, menial jobs where they do not interact with the public. This discrimination and segregation has no place in twenty-first century America.”>> > “> McCormick & Schmick> ‘> s touts > ‘> We are in the business of People > -> our employees and our guests.> ‘> But the company fails to live up to the promise of treating all employees equally and fairly,> “> said Bill Lann Lee, a partner at Lieff Cabraser, and former Assistant Attorney General for Civil Rights in the U.S. Department of Justice. > “> McCormick & Schmick> ‘> s uses racial stereotypes to deny job opportunities and promotions to thousands of qualified African American applicants and employees.> “>>> A central allegation in the lawsuit is that McCormick & Schmick> ‘> s has a nationwide corporate policy and practice of preferring white employees over African American employees for > “> front-of-the-house> “> positions. These are the prominent, better-paying jobs, including server, hostess/host, and bartender. Plaintiff Dante Byrd was not hired as a bartender at McCormick & Schmick> ‘> s Berkeley restaurant despite having a diploma from bartending school and seven years experience as a bartender. >> The lawsuit also charges that McCormick & Schmick managers throw away applications from African American job seekers without seriously considering them. In addition, the complaint alleges that managers have been instructed by corporate headquarters to > “> clean up the restaurant,> “> meaning to hire fewer African Americans, to keep the African American employees away from front-of-the-house positions, and to subject African American employees to harsher discipline. While promotions are preferentially given to white workers without requiring a formal application process, African American employees are denied promotions to management positions at McCormick & Schmick> ‘> s restaurants throughout the United States, the suit alleges.>> The few African Americans lucky enough to be hired are disproportionately assigned to > “> back-of-the-house> “> positions. These positions include bussers, bar backs, and less desirable kitchen positions. The few African Americans assigned to server positions are given less desirable shifts and table assignments. >> Plaintiff Juanita Wynne is the only African American server at McCormick & Schmick> ‘> s Fresh Fish Grotto in Berkeley. > “> I have worked hard as a server at the restaurant since 1999, but I haven> ‘> t been treated fairly. My shifts and pay were cut for no good reason, while white servers> ‘> shifts and pay were not,> “> Wynne said. Wynne, a 28-year-old resident of Berkeley, filed a complaint last year with the Equal Employment Opportunity Commission, which granted her the right to sue.> McCormick & Schmick> ‘> s operates restaurants across the United States under various names, including McCormick & Schmick> ‘> s Seafood Restaurant, McCormick> ‘> s Fish House & Bar, M&S Grill, The Heathman Restaurant, Jake> ‘> s Famous Crayfish, Jake> ‘> s Grill, and Spenger> ‘> s Fresh Fish Grotto in Berkeley, California. The company employs more than 5,400 workers. Although the restaurants have different menus and designs, the lawsuit charges that they all are run by the same corporate management, > follow the same human resources policies and practices, and participate in the same racial discrimination. >> The suit seeks an injunction to reform the discriminatory practices of McCormick & Schmick> ‘> s and the institution of company programs to ensure equal employment opportunities for African Americans. In addition, the suit is seeking back pay, emotional distress damages, and punitive damages for all class members.>> Attorneys announced that employees of McCormick & Schmick> ‘> s who wish to report their experiences at the restaurants or learn more about the lawsuit should contact them by calling toll free (866) 854-4165 or visiting the website www.lieffcabraser.com/mccormickcomplaints.htm >> Representing plaintiffs are the San Francisco offices of Lieff Cabraser Heimann & Bernstein, LLP, The Lawyers> ‘> Committee for Civil Rights of the Bay Area, the Thomas A. Warren Law Offices of Tallahassee, Florida, Lewis Feinberg Renaker & Jackson, P.C., of Oakland, California, and Lafayette & Kumagai of San Francisco, California, and Kingsley and Kingsley of Encino, California. >> Reporters who wish to obtain a copy of the complaint should contact Amy Yu of Lieff Cabraser at ayu@lchb.com or (415) 956-1000.>> Source/Contact:>> James M. Finberg> Bill Lann Lee> LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP> 275 Battery Street, 30th Floor> San Francisco, CA 94111-3339> Telephone: (415) 956-1000> Email: jfinberg@lchb.com> Email: blee@lchb.com> Website: www.lieffcabraser.com>> Diana C. Tate> THE LAWYERS> ‘> COMMITTEE FOR CIVIL RIGHTS OF THE BAY AREA> 131 Steuart Street, Suite 400> San Francisco, CA 94105> Telephone: (415) 543-9444> Email: dtate@lccr.com>>> ———————————————————–>> Seafood chain accused of discriminating against blacks> 5/11/2006, 3:14 p.m. PT>> SAN FRANCISCO (AP) > -> McCormick & Schmick’s, the operator of about 60 upscale seafood restaurants nationwide, was accused in a federal court suit Thursday of discriminating against black employees and applicants.> A black waitress employed at the company and a black bartender denied employment accused the chain of passing over blacks for promotions or employment.> The racial discrimination suit also said black workers were given lower-paying jobs and shorter or less-desirable shifts than white counterparts.> A spokesman for the restaurant chain, based in Portland, Ore., said the company does not discriminate.> “We believe these allegations to be completely unfounded,” spokesman John Flanagan said.> The chain has about 60 restaurants across the country.> The suit, filed in U.S. District Court, seeks class-action status.> The case is Wynne v. McCormick & Schmick’s, 06-3153.>> San Francisco Chronicle> Spenger’s owners face bias suit> Bob Egelko, Chronicle Staff Writer> Friday, May 12, 2006>> An African American food server, who said she was shunted to the back of the restaurant, and a black man who was denied a job on an all-white bartending crew filed a discrimination suit Thursday against the chain that owns Berkeley’s 116-year-old Spenger’s Fresh Fish Grotto.> McCormick & Schmick’s Seafood Restaurants, whose 61 dining establishments include three in the Bay Area, seek “to present a white face to the public,” attorney Bill Lann Lee said at a news conference announcing the federal court suit, a proposed nationwide class action.> The suit accuses the company of racial discrimination in hiring, job assignments, pay and promotions. It seeks damages for hundreds of African Americans who have worked at one of the restaurants in the last four years and for a larger number, probably thousands, of unsuccessful job applicants in the last two years, said another plaintiffs’ attorney, Diana Tate of the Lawyers’ Committee for Civil Rights.> McCormick & Schmick, based in Portland, Ore., which also owns McCormick & Kuleto’s Seafood Restaurant at Ghirardelli Square in San Francisco and McCormick & Schmick’s Seafood Restaurant in San Jose, issued a statement saying it is an equal-opportunity employer that bans discrimination and harassment. “Although we must refrain from any discussion of this lawsuit, we believe these allegations to be completely unfounded,” the company said.> One plaintiff, Juanita Wynne, 27, has worked at Spenger’s since November 1999, just before it reopened under McCormick & Schmick ownership after being closed for a year. She said she is the only African American among about 30 food servers and is assigned to tables at the back of the restaurant, where African American customers also are usually directed.> At times, she said at the news conference, “I feel a little discouraged. …It’s very hard for me to go to work.” The suit also alleged that she has been repeatedly denied good shifts and work stations, has been disciplined for insignificant infractions, and had her shifts and pay cut approximately in half about four years ago.> Co-plaintiff Dante Byrd, 29, of Emeryville, a bartender with seven years of experience and a certificate from a bartending school, said he applied to Spenger’s twice, in November 2004 and January 2005. The second time, he was asked to come back and work a test shift, spent four to five hours working without pay, was told by a manager that he had done well, and never heard from the restaurant again. >> “I felt kind of cheated out of the job,” said Byrd, who now has another bartending job in Oakland.> Plaintiffs’ lawyers said all seven Spenger’s bartenders are white. Lee and Tate said their inquiries at about half the chain’s restaurants nationwide showed that the most visible jobs, serving food and tending bar, were almost always held by whites, while black employees usually bused tables or worked in the kitchen. Besides damages, the suit seeks court orders changing the company’s practices.> E-mail Bob Egelko at begelko@sfchronicle.com.>> The Oregonian> Discrimination suit cites McCormick & Schmick’s> Friday, May 12, 2006> By Laura Gunderson>> A San Francisco law firm filed a lawsuit in federal court Thursday against McCormick & Schmick’s Seafood Restaurants Inc., accusing the Portland-based restaurant chain of discriminatory hiring and staffing practices.> McCormick & Schmick’s referred all calls about the lawsuit to a Westport, Conn., public relations firm that released the following statement:> “McCormick & Schmick’s is an equal employment opportunity employer that prohibits unlawful discrimination or harassment. It is our practice not to discuss specific details that are the subject of claims or lawsuits such as this, as that might impair our ability to successfully resolve them. So although we must refrain from any discussion about this lawsuit, I can tell you we believe these allegations to be completely unfounded.”>> Filed on behalf of two African Americans — one employed by McCormick & Schmick’s at its Spenger’s Fresh Fish Grotto in Berkeley, Calif., and another who said he wasn’t hired because of his race — the class action suit, which has not yet been certified, claims the 61-restaurant chain has a nationwide policy of preferring white over African-American employees for more lucrative “front-of-the-house” jobs, such as servers, bartenders and host or hostess. The suit, Juanita Wynne v. McCormick & Schmick’s Seafood Restaurants Inc., also alleges that restaurant managers were directed by corporate headquarters to “clean up the restaurant,” meaning to hire fewer African Americans.> In its statement Thursday, the law firm of Lieff Cabraser Heimann & Bernstein said the suit seeks an injunction against the discriminatory practices along with back pay, emotional distress damages and punitive damages for class members nationwide.>> Bay City News Wire> Reprinted By:> CBS 5, CA>> Restaurant Chain Calls Bias Allegations Completely Unfounded> 5/12/06>> A seafood restaurant chain named in a job discrimination lawsuit in federal court in San Francisco issued a statement Thursday calling the allegations “completely unfounded.”> Portland-based McCormick and Schmick’s Seafood Restaurants Inc. was sued Thursday by two African-American restaurant workers, food server Juanita Wynne of Berkeley and bartender Dante Byrd of Oakland.> The lawsuit, which seeks to be certified as a class action on behalf of all black employees and applicants since 2002, accuses the company of favoring white employees in violation of federal and state civil rights laws.> McCormick and Schmick’s owns 61 seafood restaurants nationwide, including Spenger’s Fresh Fish Grotto in Berkeley, McCormick & Kuleto’s Seafood Restaurant in San Francisco and McCormick & Schmick’s Seafood Restaurant in San Jose.> The company said in its statement, “McCormick & Schmick is an equal employment opportunity employer that prohibits unlawful discrimination or harassment.”> The company said that although it could not discuss specific details of the lawsuit, “we believe these allegations to be completely unfounded.”> Wynne has worked at Spenger’s since 1999. She says she is the only black food server at the restaurant and claims she has been denied desirable shifts and workstations and had her shifts — and thus her pay — cut in half. >> Byrd, who has a diploma from a bartending school, claims he was unfairly turned down for a job at Spenger’s twice while white bartenders who were not more qualified were hired.> The lawsuit alleges that McCormick and Schmick’s “has a nationwide corporate policy and practice of preferring white employees over African-American employees for ‘front-of-the-house positions'” such as server, hostess or host and bartender.> Diana Tate, a lawyer for the plaintiffs, said, “McCormick & Schmick’s is making employment decisions based on race. This discrimination and segregation has no place in 21st-century America.”> The lawsuit seeks an injunction against the company as well as compensation for back pay and emotional distress plus punitive damages>To facilitate coverage, I have also attached a copy of the complai> > <
African American Employees File Discrimination Case Against McCormick & Schmick’s Restaurants
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