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The family of a man who caught COVID-19 while working behind the deli counter at a Publix grocery store in Miami Beach, Florida, and died from it is suing the supermarket chain over claims that it deliberately sacrificed employee safety in the early days of the pandemic.
Ariane Gutierrez, suing on behalf of her late father’s estate, says Publix executives were more concerned about how shoppers would react to employees wearing personal protective equipment, including face masks, than they were with protecting the essential workers — so they prohibited them from wearing any, according to CBS Miami.
As a result, 70-year-old Gerardo Gutierrez contracted coronavirus and died from complications of it in April, the family claims.
Lawyers for the Gutierrez family filed a lawsuit against Publix Super Markets Inc. in state court in Miami on Nov. 23, accusing the company of breaching its responsibility to keep its employees safe and acting in a negligent manner.
According to the lawsuit, Publix stores throughout Florida forbid their employees from wearing face masks starting in mid-March for fear the sight of them would make shoppers uncomfortable.
Meanwhile, Publix CEO Todd Jones issued a statement on the company website March 25 that said, in part, the supermarket chain “remained in close contact with the Centers for Disease Control and Prevention (CDC) and other federal and state agencies … to monitor developments and updated guidance on coronavirus (COVID-19).”
Jones’ statement also said Publix would “continue to focus on” employee safety, the Gutierrez lawsuit says.
Yet at least five employees lodged complaints with the Occupational Safety and Health Administration saying essentially the same thing – they were ordered not to wear face masks and gloves at work because it might scare their customers.
“Incredibly, at least one Publix employee was reportedly told, ‘You can either work without a mask or go home,’” the lawsuit alleges. “Making matters worse, another employee reported, ‘We have been instructed to not wear gloves or masks in case we ‘incite panic’ on the floor. There is disciplinary action if we refuse to remove them.’”
Lawyers for Gutierrez cite an April 3 email written by Publix’s senior manager for safety, Paul Coil, which said the company had barred workers from wearing personal protective equipment based on guidance from the U.S. Centers for Disease Control and Prevention “asking people to refrain from using masks so that the supply chain could be preserved for health care workers.”
The coronavirus lawsuit pointed out that employees were not only not provided protective gear at work, they were denied the ability to wear face masks they got for themselves.
In early April, Publix began allowing some employees to wear face masks. By April 8, the company started providing masks to its workforce and a week later made face masks mandatory as part of its employee safety guidelines.
By that time, Gerardo Gutierrez had already tested positive for COVID-19, the lawsuit says.
One of Gutierrez’s co-workers at Publix began exhibiting symptoms of coronavirus infection between March 27 and 28, including coughing, according to CNN.
The store did not permit her to wear a face mask and should have been aware of her condition and sent her home, the Gutierrez family says.
It did not.
Soon after, the worker tested positive for COVID-19 infection and then Gutierrez was told to stay home and self-isolate.
Gutierrez began developing coronavirus symptoms April 6, tested positive for the virus April 7, was hospitalized April 10 and died April 28. Because of the pandemic, his family was unable to be with him at the hospital.
“Publix intentionally chose to protect sales over the health and well-being of its employees and customers knowing that employees, especially a 70-year employee working next to a sick co-worker, such as Gerardo Gutierrez, would be exposed to COVID-19 and die,” the lawsuit claims.
The company’s actions “served to provide false comfort to [Gutierrez] that masks would not prove effective in preventing the spread of COVID-19 when it knew that just the opposite was true.”
Are you a Publix employee who was ordered not to wear personal protective equipment, including face masks, at work? Tell us about it in the comment section below.
The Gutierrez family is represented by Michael Levine and Dax Bello of Stewart Tilghman Fox Bianchi & Cain PA.
The Publix Employee Safety Lawsuit is Ariane Gutierrez, et al. v. Publix Super Markets Inc., Case No. 2020-025168-CA-01, in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida.
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12 thoughts onPublix Accused of Putting Image Ahead of Employee Safety During Early Pandemic
I worked at Publix for 8 years and on March 17th 2020 I was told that I could not wear Gloves by my Deli Manager because Publix said that it scares the Customers.
My Husband was on Life Support twice in a year and he spent the first week of 2020 in ICU Critical with Pneumonia. I was afraid for my safety and his, so I did not return to work, that was my last day. I separated with the Company because of that.
They would NOT allow me to protect myself from the virus. They were terrible! I had to get a doctor’s note to wear a mask at work. The customers would come right up to my face to ask me a question. I got Covid twice!!!!! I got it both times while at work at Publix. They also would encourage employees to come to work even if they had Covid. I was so upset at the way we were treated. Like us grocery workers were expendable!! Management did not take Covid seriously. They enforced NOTHING!!!
I worked at Publix for over 10 years. They did NOTHING to protect us from the pandemic and actively took steps to prevent us from taking our personal safety into our own hands. Even when they “required” mask, no one enforced it. The amount of customers that would walk right up to me coughing and breathing in my face is crazy. I ended up quitting because of it. Please add me to this lawsuit.
I worked at Publix for over 10 years. They did NOTHING to protect us from the pandemic and actively took steps to prevent us from taking our personal safety into our own hands. Even when they “required” mask, no one enforced it. The amount of customers that would walk right up to me coughing and breathing in my face is crazy. I ended up quitting because of it. Please add me to this lawsuit .
I worked at Publix 1117 for 5.43 years. I was not allowed to wear a mask regardless of my repeated requests. I wore my mask any time I was in the store, but off the clock.
In the first week of April, we were told we could wear masks. However, all but one of the management still didn’t wear masks.
I have a phone recording with the store manager explaining why she wouldn’t wear a mask, but I’m not sure if Publix was instructing managers to keep masks off for that time being.
After we were allowed to wear masks, I began wearing the KN95 mask. The store manager prohibited it, but could not find documentation she could provide me copies of that stated it was prohibited.
The posted mask policy changed more than once while I was there.
Publix issued cloth branded masks to the employees that were hot and uncomfortable and led to rashes on some employees. I wore my KN95s as regularly as I could until one day when it seemed to come to a head.
I had ordered some KN95s that had no nomenclature on them, so customers could not mistakenly say “That’s an N95 and you should not be using it.” This is my alleged original reasoning for the store not letting me wear the KN95, customer perception.
I disagreed with my managers consistently about them not having the right to tell me how safe I could be. I was already suffering podiatric injuries from a slanted floor I was forced to work on, as well as receiving burns to the head from defective equipment.
I gave one of these non-marked KN95 masks to one of the senior baggers (Bob had previously had a stroke, so I knew catching COViD-19 could easily do him in.
I was fired that day for something unrelated.
I also worked at Publix1117 as a cashier. It was a nightmare working the front end. Bob appreciated the mask and I was completely shocked they made him remove it or get fired.
I also worked at Publix1117 as a cashier till May, 2022. It was a nightmare working the front end.
Bob appreciated the mask and I was completely shocked they made him remove it or get fired.
We weren’t allowed to wear a face mask for the longest time. We were told if we were concerned for our health we could take a leave of absence.
I am a publix worker and I was told I could not wear gloves or mask when the pandemic start after week 1 I had to be quarantined due to having an upper respiratory infection and it triggered my severe asthma. Publix only cares about there image and making money. Customers still come in the store without masks on and every week or every other week an employee has texted positive. I work in the grocery department so I have to be around everyone
Please add me to this class action lawsuit
add me
My husband was also told he could not wear a face mask when pandemic started. He was trying to attacked me as I have an autoimmune disease
He was trying to protect me **