Black worker accuses trucking company of firing him for not cutting off his locomotives: lawsuit

TMC Transportation in Des Moines, Iowa, was previously sued in a similar case in 2021

A Black worker has filed a lawsuit against an Iowa-based trucking company, claiming the company fired him last summer because of his locomotives.

According to a court document filed Thursday, Sept. 26, in the Iowa District Court for Polk County, 26-year-old Drew Harvey applied for a job as a flatbed truck driver for TMC Transportation on June 4. Eleven days later, TMC invited him to begin orientation on June 24, which required Harvey to travel from his home in Crete, Illinois, to the company’s headquarters in Des Moines.

The next day after orientation, Harvey was called into a meeting with TMC’s human resources representative, according to the complaint reviewed by PEOPLE. He was told that “he had to get his hair cut or he would be fired” and that his hair was a “safety issue.” “

“This was the first time Plaintiff had heard of a hair policy or that there was an issue with Plaintiff’s appearance,” the complaint states.

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According to the complaint, Harvey offered to cut or style his hair differently, wear his hair in a wrap, or purchase a different safety helmet so that safety would not be an issue. He further told the TMC human resources representative that his hair was important to his “culture and spirituality.”

However, according to the complaint, the company said Harvey’s suggestions were unacceptable and terminated his employment. He was then “fired and sent home on a bus in tears.”

In the complaint filed in district court, Harvey said that during his short time at the company, he saw other non-Black employees – men and women – wearing long hair. He also noted that the company had previously fired a black male employee for the same reason.

“TMC’s policies are racist and are not consistently enforced,” Harvey alleged in his complaint.

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In the lawsuit, Harvey accused TMC of subjecting him to harassment and racial discrimination, stating: “As a result of Defendants’ unlawful acts and omissions, Plaintiff has suffered and will continue to suffer injuries and damages in the past, including but not limited to to emotional distress, loss of wages, loss of social benefits, loss of future income and other employment benefits.”

In an interview with PEOPLE, Benjamin Lynch, Harvey’s attorney, said his client was injured by what happened and is currently looking for work.

“This petition says he literally cried on the way home,” Lynch said. “That’s a true statement that he was very upset about it. He drove six hours to come here and on the second day he was detained because of his illness.” So he is upset and we have not received any response from TMC yet.

According to CBS affiliate KCCI, Lynch previously represented Damon Mitchell, a Black worker who allegedly experienced a similar situation to Harvey’s at TMC Transportation and sued the company in 2021 under the confidentiality clause.

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“And I can tell you that more than a dozen former TMC employees have called me with the same story since this thing went public for the second time,” Lynch claims. “So in addition to him [Harvey] He wants a resolution to his matter and also wants to make sure something like this doesn’t happen again.”

According to the lawsuit, Harvey is seeking a judgment against TMC “in an amount that will fully and fairly compensate him for his injuries and damages,” attorney’s fees, and “an appropriate equitable and injunctive relief.”

According to the company’s website, TMC Transportation was founded in 1972 by Harrold Annett. Its mission is to “be recognized as the benchmark for quality performance in flatbed trucking.”

PEOPLE reached out to TMC Transportation on Tuesday, October 1, for comment on the litigation.

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Read the original article on People.