Dynamic Security, which provides security services for the Hyundai plant in Montgomery, Alabama, hired Davita Key, an African American woman, to work in the plant’s mailroom. Key wore her hair in dreadlocks, which was approved during the interview process, but her supervisors sent her home early on her first day, saying she could not wear her hair in dreadlocks because it violated dress code. Key complained to supervisors and Human Resources that she felt the ban discriminated against African Americans, but nonetheless offered to change her hair or wear a hat. On her second day, Dynamic Security told Key to not return to the plant and the company never gave her another assignment.
A federal jury determined Dynamic Security improperly retaliated against Key for complaining about discrimination and awarded her more than $810k in back pay and damages. In March 2024, the trial court added another $15k in prejudgment interest and $15k in court costs, for a total of nearly $850k. Key’s attorneys then applied for more than $350k in attorneys’ fees, which would bring the total to nearly $1.2M. But in April 2024, Dynamic Security filed an appeal, which put the fee application on hold.
What would a respectful workplace have done?
Respectful workplaces take all employee complaints seriously, properly investigate them, and do not take any type of adverse action against an employee for raising a good-faith concern. Respectful workplaces also ensure they have a written “no retaliation” policy, that all employees – including Human Resources and supervisors – are aware of and follow, and that the policy is strictly enforced.
All employees are protected against retaliation – even those who have worked for the company for less than two days. Do your employees understand the implications of unlawful retaliation? To find out more about our training programs or to book a workshop, please call 800-458-2778 or email us.
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.