Safeway Loses Bid to Dodge Black Worker’s Discrimination Lawsuit

Safeway Inc. failed to convince a federal judge in Oregon to dismiss a lawsuit brought by a Black cashier-checker who said that he was wrongfully suspended without pay following a run-in with White customers.

Ronald Vidal sued Safeway in February 2020, alleging discrimination and retaliation because of his race. He had been suspended without pay following an incident in which he said he felt threatened by several White customers who got upset about a long check-out line and started using racial slurs. Safeway said Vidal contributed to the incident and its escalation and violated workplace policies.

Safeway moved for summary judgment in September.

Judge Michael H. Simon denied that motion Thursday. Dismissing the bias allegations at this stage would require “impermissibly resolving” factual disputes, such as whether Vidal actually violated company policy, Simon, of the U.S. District Court for the District of Oregon, said.

Because both the discrimination and retaliation claims were analyzed based on the same framework, the court reached identical conclusions for both causes of action.

Simon also overruled two evidentiary issues raised by Safeway. The employer sought to block portions of Vidal’s testimony as inadmissible hearsay and to exclude clips of security camera footage he had submitted. The judge held that the testimony didn’t constitute hearsay and that Safeway itself offered the footage in another exhibit.

The Law Offices of Daniel Snyder represents Vidal. Lane Powell PC represents Safeway.

The case is Vidal v. Safeway Inc., D. Or., No. 3:20-cv-210-SI, 12/9/21.