Two Black plaintiffs who allege they were wrongfully terminated from Disney Content Services Inc. because they complained about a racially charged atmosphere want a judge to block Disney from obtaining their work records from subsequent employers, including Tyler Perry Studios.
Donald Stewart was the original plaintiff in the Los Angeles Superior Court lawsuit in which he accused his ex-employer of race discrimination and harassment, wrongful termination, retaliation and failure to prevent discrimination and harassment. The firm is now known as Disney’s Traveling Lab.
Taneisha Polk later joined the case as a plaintiff and alleges the same causes of action as Stewart. Polk was hired in July 2020 as a health and safety supervisor, the same job held by Stewart, who obtained his job three months later. On Thursday, both plaintiffs filed court papers with Judge Dean J. Kitchens in advance of a July 17 hearing asking him to quash subpoenas for their employment records at companies where they worked after losing their Disney jobs.
Polk and Stewart both worked at Tyler Studios LLC. Polk other post-Disney jobs included positions at Squared Solutions LLC and Somesuch Inc. while Stewart’s included Blumhouse Productions LLC. and Doordash Inc., according to the plaintiffs’ court papers, which further state that both plaintiffs contend the subpoenas are overbroad — entire personnel files are sought — and violate their right to privacy.
In addition, a person’s work performance for subsequent employers is inadmissible character evidence, the Stewart-Polk attorneys further state in their court papers while adding that Disney has already been given extensive information about the plaintiffs’ job resumes, applications for employment and employer responses to those applications.
In the lawsuit, Stewart contends that throughout his employment, he was subjected to a “racially discriminatory hostile environment, including viewing the Confederate flag and the Trump insignia on workplace sites and/or workplace-related sites on multiple occasions.”
Stewart’s first day on the job was during the coronavirus crisis, and a mask-less front gate security guard handed him an iPad with a dirty screen, the suit states. When the plaintiff refused to touch the device, the guard told him to park in a dirt lot far from the entrance, which he did because production office personnel told him they were too busy to pick him up, according to the complaint.
A security supervisor who was not present during Stewart’s interaction with the other guard later emailed messages to managers alleging that the plaintiff had been “mean, confrontational and not willing to follow the rules,” the suit states.
Two white employees told Stewart that he “did not belong there” and a third white employee on another occasion said in front of Black employees, “When you turn out the lights, they come out everywhere, like roaches,” according to the suit, which additionally alleges Black workers were referred to as “monkeys” and that another Black employee complained to Stewart about being called the “n” word.
When Stewart applied for promotions, the positions were instead given to white employees even though the plaintiff’s qualifications were equal or superior, the suit brought in July 2024 states.
Stewart complained to human resources about the allegedly racially discriminatory work atmosphere, but nothing changed, according to the suit, which further states that Stewart was fired in June 2022 on grounds of poor judgment, lack of integrity, retaliatory behavior toward colleagues, failure to report potential conflicts of interest and failure to follow safety protocols.
Stewart maintains all of those accusations are false and were not brought until he reported his alleged disparate treatment.
The amended suit with Polk’s allegations states that like Stewart, throughout her employment at Disney she saw Confederate flag symbols, some on car license plates and others at work stations, all of which she found offensive.
Other Black employees told Polk that they heard white workers refer to Blacks as “monkeys” and the “n” word, according to the suit, which further alleges that Black applicants for health and safety positions were offered less money than were those of other races.
Management did nothing when Polk, now 34, complained of the alleged disparate treatment and she was laid off in March 2023 even though she had more seniority than other employees who were not let go until later, the suit states.