A Black former employee of the Planet Fitness franchise in Diamond Bar is suing the fitness chain, alleging he was wrongfully terminated earlier this year after being accused of doing school homework while on duty, a practice he says was also done by Latino workers who were not punished.
Jeramino Wardlaw’s Los Angeles Superior Court lawsuit allegations include racial discrimination, retaliation, failure to prevent discrimination and harassment and intentional infliction of emotional distress. He seeks unspecified compensatory and punitive damages.
A Planet Fitness representative did not immediately reply to a request for comment on the suit filed Wednesday.
Wardlaw was hired in February and worked an average of 40 hours weekly while also attending school. Many co-workers also were in college, but the other employees were Latinos and he was the only Black, according to the suit.
Wardlaw’s co-workers regularly made derogatory jokes about Black people and two of them referred to him with a Spanish racial slur, according to the complaint. In addition, the plaintiff’s supervisor circulated racially offensive memes and stickers in the workplace group chat, encouraging and contributing to the ongoing harassment directed at Wardlaw, the suit alleges.
During Wardlaw’s employment, it was common practice for employees to complete homework during their shifts when there were no guests present and many did so at the front desk without discipline, according to the suit, which further states that the plaintiff’s colleagues told him it was OK to do so.
Relying on what he believed was an established workplace practice, Wardlaw did his school work one night when there were no guests, the suit states. But on March 8, Wardlaw’s supervisor told him he should not be doing homework while on duty and he obeyed the suit states.
Four days later, Wardlaw was fired and was told it was because he was doing school work while on the job, the suit states. Although management said they would take Wardlaw’s suggestion and review security video to see if other employees did homework while on duty, no one was actually investigated or disciplined, according to the suit.
After Wardlaw’s firing and up until he was removed from the group chat, co-workers continued circulating racially offensive memes, including those of a Black man saying “hallelujah” and another showing a celebrity saying “Amen,” the suit states.
Wardlaw has suffered lost earnings as well as emotional distress since his firing, the suit states.