Wyeth Race Discrimination Ruling Highlights Forced Double Shifts at N.Y. Factory

(MoneyWatch)  Wyeth has won a fifth of eight race discrimination lawsuits filed against it by black workers at the drug company's Pearl River, N.Y., factory.

The cases are best known for the alleged incident in which a supervisor announced that she was "the head n---- in charge" in front of a black employee. That supervisor later claimed she was just quoting Morgan Freeman in the movie "Lean on Me." In a ruling, a federal judge knocked back another of the cases for the plaintiff's failure to cite enough evidence that her job troubles were based on the fact that she's black. The plaintiff, Nadine Aspilaire, claimed she was switched from job to job in the factory and didn't get promotions that similarly qualified white employees got.

What makes the ruling interesting is that it gives a look into the low-pay and long hours that pervade factory work at Wyeth in Pearl River.

The ruling states that Aspilaire was quickly promoted up to the maximum pay rate of $18.05 an hour after she joined Wyeth as a biological operator.

She had a baby and took maternity leave until May 2001. In October 2001:

... after she was moved to the first shift, she was forced to work on the second shift as well, thereby working 16 hours per day on Mondays, Tuesdays, Thursdays and Fridays from April 2002 to June 2002.

... Plaintiff states that she had suggested assigning two junior workers to come in early for their third shift, thereby relieving her from the second shift earlier in the day, so that she could care for her newborn child.

... Plaintiff states that morale was low among all employees in Department 421, with many employees complaining of forced overtime and work assignments, and plaintiff noted that people of all races were forced to work double shifts.

... Plaintiff states that employees of all races were required to work 16-hour days.

The judge noted a couple of things that probably counted against Aspilaire:

Defendant points to five memos from various supervisors between November 2001 and March 2004 that note plaintiff's tardiness or absences and recommend that she improve in those areas. ... Plaintiff contends that she does not recall some of the memos and that one was unwarranted.

... plaintiff did admit that she had some issues with tardiness in the past. ... "I think I was just coming in late."

... Plaintiff never filed a formal grievance with the Union during her employment at Wyeth.