Former employee sues Walgreens for racial slurs

MARTINSBURG -- A Berkeley County man is suing Walgreens after he claims that during his employment, his supervisor repeatedly used racially offensive slurs.

Lenard Lamb, the Martingsburg Walgreens store's manager, was also named as a defendant in the suit.

Jack McFarlan was hired on Jan. 12, 2009, as a photo specialist and was required to work with a white supervisor named Tim Jeffries, according to a complaint filed Sept. 28 in Berkeley Circuit Court.

McFarlan claims in his presence, Jeffries repeatedly used the word "nigger." He claims he reported Jeffries' use of racially offensive slurs to Lamb on numerous occasions, but no action was taken to end this conduct.

On March 11, Jeffries referred to McFarlan as "nappy head," according to the suit, and McFarlan confronted him and told him he was tired of his use of racial slurs.

McFarlan claims Jeffries denied what he had just said and told him to go home.

"When the plaintiff returned to work the name day, he was told that he was being fired for arguing with a supervisor," the complaint states.

McFarlan claims he told Lamb that Jeffries had called him "nappy head" the day before and that he was aware that Jeffries used the term "nigger" repeatedly, but that Lamb responded, "If he is using it in a musical form, I don't see why that should bother you."

Approximately one week after his termination, McFarlan was contacted by a loss prevention manager to attend a meeting, according to the suit.

McFarlan claims he explained what happened with the loss prevention manager, who then told him that there would be an investigation into what had happened. Approximately five days later, the loss prevention manager called and apologized for Jeffries' racial slurs.

McFarlan claims he was discharged for reporting and opposing racial harassment in the workplace.

The defendants acted with malice; wanton, willful or reckless conduct; and with deliberate indifference to their civil obligations affecting the rights of the plaintiff, according to the suit.

McFarlan is seeking compensatory and punitive damages. He is being represented by Harry P. Waddell.

Berkeley Circuit Court case number: 10-C-790