Judge clears QPP of discrimination charges

Published 12:00 am Thursday, August 29, 2002

Quality Pork Processors, Inc. will not have to pay monetary damages to a former employee, Alan W. DeRaad.

The company will, however, be allowed to recoup from DeRaad expenses incurred by QPP in successfully defending its lawsuit.

In court documents, DeRaad claimed some co-workers continually teased him.

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However, a judge has ruled it was never more than that.

Third Judicial District Judge John A. Chesterman issued the order Aug. 20, clearing the Austin-based meat processor of discrimination charges.

Chesterman found the conduct did not have an impact on DeRaad's job title, salary, benefits or other material aspects of his employment.

Dale Wicks, a QPP spokesman, deferred comment to company attorney John Beckman's account of the judge's ruling.

QPP did not know DeRaad "believed he was being harassed and/or discriminated against at work on account of his religion until the date of his exit interview," the judge concluded.

In dismissing DeRaad's suit with prejudice, Chesterman said he had "failed to prove the elements of religious discrimination."

The ruling was based on evidence submitted in a two-day trial held June 3-4 in a Mower County district courtroom in Austin.

DeRaad, a self-professed "full-gospel born-again" Christian, claimed he was persecuted for his religious faith at QPP.

Rejecting the claims, Chesterman ruled that DeRaad's religious con victims were not the cause of teasing by co-workers at the Austin plant.

In addition, the judge said neither managers nor supervisors at QPP were told or were otherwise aware that co-workers were teasing DeRaad until the day he voluntarily quit employment, for reasons unrelated to workplace harassment.

DeRaad was employed by QPP in the loin boning department from November 1989 to September 1995.

DeRaad voluntarily terminated his employment, giving different reasons for leaving QPP including wanting to start his own business or his physical inability to keep up with the work, court documents said.

In issuing his ruling exonerating QPP, Chesterman noted even if he had found that all of the alleged harassment was on account of DeRaad's religion, "this conduct was not so severe and pervasive as to raise to the level of a hostile work environment."

Lee Bonorden can be contacted at 434-2232 or by e-mail at :mailto:lee.bonorden@austindailyherald.com