Federal appeals court gives workers greater protection against racial harassment By Jeremy M. Lazarus
case that dismantles a requirement that employees must show a persistent pattern of racial hostility in order to get their day in court and protection from being fired. Twelve judges joined in the majority opinion, which revived Ms. Boyer-Liberto’s lawsuit against the Clarion Resort Fontainebleau Hotel in Ocean City, Md., and its owner who fired her. A lower court and a panel of the 4th Circuit had tossed out her lawsuit on the grounds the racial slur she was subjected Please turn to A4
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VOL. 24 NO. 20
RICHMOND, VIRGINIA
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A Maryland waitress who was fired after reporting that a manager twice called her “a porch monkey” has become a key figure in bolstering protections for workers who face racial harassment and abuse on the job. A federal appeals court in Richmond is using the civil rights lawsuit that Reya C. Boyer-Liberto filed against the resort hotel where she worked in 2010 to bolster efforts of workers who seek legal redress for a hostile workplace — even when their
complaint involves only one or two incidents. In a decision issued May 7, the 4th U.S. Circuit Court of Appeals ruled that even isolated incidents of racial abuse such as the one Ms. Boyer-Liberto faced can be enough to allow workers to seek damages and also to create a cause of action against employers who terminate a worker for reporting such abuse. Essentially, the court sent a message that racial bigotry has no place in the workplace. All 15 sitting judges of the court participated in hearing the
MAY 14-16, 2015
Stop the violence Community leaders, residents march in Mosby Court for peace By Joey Matthews
Photos by Sandra Sellars/Richmond Free Press
Joyce Kenney holds an image of her grandson, Ra’Keem Adkins, 22, who was shot and killed in the Mosby Court public housing community May 7. Right, more than 200 people, including Richmond Police Chief Alfred Durham, march from Martin Luther King Jr. Middle School to Mosby Court calling for an end to the violence.
New city CAO gets $5,700 raise before job start By Jeremy M. Lazarus
Selena Cuffee-Glenn just received a $5,700 salary bump — from $203,000 a year to $208,700 — though she will not start work as the city’s top administrator until Monday, May 18. Her benefits package also has been sweetened with a $5,700 increase in a retirement benefit paid by the city. City Council asked no questions about the unexpected pay hike in voting 9-0 Monday to confirm the former Suffolk city manager as Richmond’s new chief administrative officer. In mid-April when Mayor Dwight C. Jones announced Ms. Cuffee-Glenn Ms. Cuffee-Glenn as his choice for the No. 2 post at City Hall, he said she would start at $203,000 a year. His staff even produced the offer letter she signed stipulating her salary and a host of other benefits, including a $950 monthly car allowance and $15,000 a year in deferred compensation, essentially a retirement savings plan. Her new starting pay of $208,700 is listed in the ordinance that council members approved without public comment. Her deferred pay now is shown as $20,700 a year, with a $1,000 increase for each year of service, according to the ordinance. One thing that was eliminated in the altered package is the $950 monthly car allowance, which would have totaled to $11,400 a year. Apparently, Ms. Cuffee-Glenn traded the car allowance for improved starting pay and an increase in deferred compensation. Asked about the changes, Tammy Hawley, the press secretary for Mayor Jones, responded that the mayor and Ms. Cuffee-Glenn “ended up renegotiating some things.”
For most of her adult life, Joyce Kenney has been an advocate for people living in the Mosby Court public housing community and other poor neighborhoods in the city. In that time, she has lobbied for more resources for people in disadvantaged communities. She also has attended countless vigils to comfort those mourning the deaths of their loved ones due to violence in the streets. On Tuesday night, it was Ms. Kenney’s turn to be consoled by community members. Her grandson, Ra’Keem Adkins, 22, was one of five shooting victims in Richmond May 7. He was shot multiple times and died on the sidewalk in the 1900 block of Redd Street shortly after 10 p.m. in Mosby Court in the city’s East End. Earlier in the day, Sylvester Nichols, 24, was fatally shot in the parking lot of the Family Dollar Store in the 6500 block of Midlothian Turnpike on South Side. A third man also was shot that night about three miles away and taken to the hospital with life-threatening injuries. Angered by the ongoing black-on-black violence in the city, community activist J.J. Minor said he began planning an anti-violence rally last Saturday with the Mosby Court Tenant Council and fellow activist Charles Willis, who grew up in Mosby Court. “I’m tired and frustrated by the blackon-black crime,” Mr. Minor told the Free Press prior to the rally as he and other volunteers prepared hamburgers and hot dogs to serve along with potato chips, soft drinks and water to rally attendees.
He pointed to a decrepit basketball court a few yards from where Mr. Adkins was killed. The baskets had bent rims and no nets. “Look at that,” he said, shaking his head. “The city needs to step up to the plate and put more resources in impoverished communities.” He said he plans to contact community members, city officials, educators, business leaders and faith leaders to convene Please turn to A5
No charges filed against Wisconsin police officer in teen’s death Free Press wire reports
MADISON, Wis. A Wisconsin police officer who fatally shot an unarmed biracial teenager in March, prompting several days of peaceful protests, will not be charged, a prosecutor said Tuesday. Officer Matt Kenny used justified lethal force in the March 6 shooting of Tony Robinson, 19, Dane County District Attorney Ismael Ozanne said. Mr. Ozanne said Officer Kenny shot Mr. Robinson after the teen struck him in the head and tried to knock the officer down a staircase. “I conclude that this tragic and unfortunate death was the result of a lawful Please turn to A5
Advocacy groups plan housing, services safety net for foster youths By Joey Matthews
Janeva Smith has seen many of her friends in foster care suddenly become homeless when they turn 18. They have nowhere to go, few life skills and little hope for the future. “I’ve had many friends who tried to commit suicide,” said Ms. Smith, who was 18 months old when she initially was placed in foster care in Plainfield, N.J. She was 14 when she entered foster care in Virginia, moving between foster families, group homes and shelters.
Related story on B3 “I’ve tried to commit suicide multiple times,” she said. “I’ve had many friends who face homelessness, have been incarcerated, many who don’t graduate from high school and others who got pregnant. “Life’s rough when you don’t have any support,” she continued. “Imagine not having anybody to call on Mother’s Day.” Now 22, Ms. Smith lives in Hillside Court in South Richmond. She spoke with a Free Press reporter last week at the West End headquarters of the Children’s Home Society of Virginia, an organization that she credits with providing her with services and guidance. The organization is collaborating with the Better Housing Coalition in Richmond to provide housing and supportive services to young adults being booted out of foster care on their 18th birthday. The Possibilities Project, as the collaboration is called, would start by housing 20 young people early next year, then add more
young adults as the project develops. In Virginia, children automatically “age out” of foster care when they reach age 18. According to the Children’s Home Society, about 700 young people fall into that category Ms. Smith each year in Virginia. Within two years, according to the organization, one in four of those young people will be incarcerated, one in five will be homeless and fewer than one in six will graduate from high school. Advocates point out that housing is an
especially critical need for this young and vulnerable population. They provided sad and gripping accounts of how some teens in foster care are packed up and taken to homeless shelters when they turn 18. One available option is independent living programs that are coordinated through local social services departments in Virginia. Youths no longer eligible for foster care can get housing until age 21 as long as they adhere to a contract requiring they are enrolled in school, working or in a counseling or treatment program. The contracts are personalized, designed to meet the specific needs of the young person. While under contract, they can receive Please turn to A4
Like father, like son Justin White holds two of his proud accomplishments — his son, Jeremiah, and his newly earned degree from Virginia Union University. The father and son celebrated in cap and gown Saturday at the university’s 117th commencement ceremony at Hovey Field. Please see article, more photos on Page B4.
Sandra Sellars/Richmond Free Press
Celebration of hip-hop film and music at Gallery 5 in Jackson Ward/B2