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BJ's Employee Files Confederate Flag Lawsuit

Employee: BJ's Won't Allow Pickup With Confederate Flag On Property

POSTED: Tuesday, March 24, 2009

A worker has filed a lawsuit against his employer, BJ's Wholesale Club, over a Confederate flag flap, his attorney confirmed on Tuesday.

Pickup Truck With Confederate Flag
Bobby Tillett parks his pick up truck a half-mile away from his job because his employer won't allow him to park on its property with the Confederate flag flying.
Bobby Tillett first spoke with Channel 4 in May of 2008, when he said he was told he couldn't park his pickup truck, which flies a Confederate flag, in the employee lot.

Tillett said his managers told him if he did not remove the flag, he couldn't park in the employee lot. Instead of removing the flag, Tillett decided to park on public property about a half-mile from the BJ's off Pritchard Road.

Nearly one year later, Tillett's attorney confirmed that Tillett plans to sue BJ's.

"I'm a firm believer it's not about winning or losing, it's about right and wrong. It's definitely wrong," Tillett told Channel 4 last May.

BJ's made the following statement about the controversy:
"Like all employers, we have guidelines of appropriate personal behavior and expression at work. While the policy does not identify any specific type of expression, it generally prohibits expression that is rude, abusive, hostile or intimidating. Under these guidelines, we asked this team member to not display the Confederate flag in our parking lot. We are confident that we have struck the right balance for all of our team members and their work environment."

However, Tillett disagrees with the company's stance, and he will fight it in court.

"It's about heritage; it's about pride," Tillett said in May. "I don't look at it much different than the American flag. There's been a lot of blood spilled over that flag, too, and I love that flag, and I'll fly it 'till the day I die."

Despite the lawsuit, Tillett continues to work at BJ's, parking a half-mile away on public property and walking to work. He said the work environment has been tense.

When asked about if he's concerned about losing his job, Tillett said, "I hope firing comes up. Makes things worse for them."

Tillett said the case has bounced between federal and state court. He would not release many specifics about the case, but said he is seeking less than $75,000.

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