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LOUISIANA RECORD

Saturday, November 2, 2024

Plaintiff alleges former employer DG Foods discriminated based on sex

Federal Court
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Kwajlean Nute has filed a lawsuit against DG Foods, LLC, alleging illegal discrimination based on sex and retaliation. The complaint was submitted to the United States District Court for the Western District of Louisiana on October 7, 2024. Nute claims that her employer, DG Foods, engaged in discriminatory practices that violated Title VII of the Civil Rights Act of 1964 and the Louisiana Employment Discrimination Law.

According to the complaint, Kwajlean Nute began working at DG Foods' poultry processing plant in Bastrop, Louisiana, in September 2011. She was promoted to a supervisory role in September 2020 within the Production Department's Breast, Wing, and Tender Departments. However, trouble began when Wesley Carter became the Plant Operations Manager in May 2022. Nute alleges that Carter asked her out on a date in October 2022. After she declined his advances due to being married, Carter allegedly retaliated by transferring her to an unfamiliar department without proper training.

Nute's situation worsened when she was assigned additional responsibilities outside her job scope and required to work through breaks—conditions not imposed on her male counterparts. Following two noncompliance records issued by the USDA for issues related to quality assurance (a department outside of Nute's responsibilities), she received disciplinary actions despite other employees with similar records facing no such consequences. On November 30, 2022, Nute was terminated from her position; Carter cited the noncompliance records as reasons for her dismissal.

The lawsuit accuses DG Foods of employment discrimination based on sex under Title VII of the Civil Rights Act and asserts that Nute faced quid pro quo sexual harassment after rejecting Carter’s advances. Additionally, it claims retaliation against Nute for lodging complaints about discrimination based on sex.

Nute seeks various forms of relief from the court: back pay with interest, front pay, compensatory damages for emotional distress and other nonpecuniary losses, punitive damages for malicious or reckless conduct violating federal rights, attorney fees and costs associated with the case including expert fees. She also requests mandatory training for DG Foods regarding race-based discrimination and retaliation.

Representing Kwajlean Nute are attorneys Philip Bohrer from Bohrer Brady LLC in Baton Rouge and Jay D. Ellwanger along with Brian Pounds from Ellwanger Henderson LLLP in Austin. The case is identified as Case No. 3:24-cv-01367.

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