Black employees sue Des Moines Water Works, claiming discrimination, harassment

Two Black longtime Des Moines Water Works employees are suing the utility, alleging their co-workers discriminated against and harassed them based on their skin color.

Tonia Smith and Tanya Duncan allege they were subjected to racially derogatory comments and harassment on a near-daily basis, according to a lawsuit filed in Polk County District Court on March 14. Smith and Duncan accuse their follow employees of making a statement about lynching and hanging someone from a tree, and say that in one instance, they found a noose hanging in their supervisor's office.

The lawsuit, which names Des Moines Water Works as the sole defendant, says water works officials did nothing to end the discriminatory conduct although Smith and Duncan complained on "more than one occasion."

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The women claim in the suit that the comments and harassment created a "hostile work environment" where they did not feel welcome or safe.

"Plaintiffs have suffered substantial emotional pain and suffering stemming from Defendant’s discrimination and harassment," the lawsuit says.

Asked for comment, Doug Garnett, Des Moines Water Works director of human resources, said in an email that the utility was aware of the suit and "is working with its attorneys since it is a legal matter."

"Des Moines Water Works is an equal opportunity employer and our employees’ concerns are important to us," Garnett said.

Lawsuit: Employees harassed with comments about hair, clothing, food

Smith began working at Des Moines Water Works in February 1991 and Duncan in December 2006, according to suit, and both have held various positions there.

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It says the "ongoing, nearly daily" harassment started in January 2021, with employees making "stereotypical" comments to Smith and Duncan about their hair, clothing and food. Co-workers also made comments about whether Smith and Duncan could afford their homes and cars, it says, and asked them if they knew people involved in serious crimes when the alleged perpetrators were Black.

Smith and Duncan are asking the court to award compensatory and emotional distress damages as well as fees incurred in filing the lawsuit.

Virginia Barreda is the Des Moines city government reporter for the Register. She can be reached at vbarreda@dmreg.com. Follow her on Twitter at @vbarreda2.

This article originally appeared on Des Moines Register: Suit: No action by Des Moines Water Works to stop racial harassment