An Example of Discrimination Toward the Disabled and Men and
Hispanics
These are excerpts
from and EEOC response from Wake County and it includes my subsequent
rebuttal [red, italics, underline is my response].
The
Charging Party is a previous employee of Wake County.
This
is not denied.
His
entire personnel file is attached as Exhibit 1.
I
never received the attached exhibit
His
date of hire was March 25, 2002 as a Human Services Case Manager.
I
was hired as an Economic
Services
Case
Manager.
He
resigned that position effective July 31, 2003 stating that he was
resigning for “health” reasons.
Nope,
I resigned because Marisol Ortiz was causing undue burden on other
workers
by not performing according to work expectations. Also, Marisol
destroyed confidential protected applicant information and
subsequently illegally denied many applicants for
Medicaid and Food Stamps
citing the failure to provide information when in fact applicants
provided information and she destroyed those document by simply
placing them in the trash can. I
could not work in that unethical and illegal environment.
He
was later rehired into the same position in the Child Protective
Services
[CPS]
Division as a Case Manager on October 20, 2003. Exhibit 1 –
Personnel File1.
Again,
they never provided a copy of the exhibit they claim. Yes, I was
rehired but they considered such a lateral transfer not rehire. I
was hired as a Human Services Senior Practitioner in CPS. Not the
same by any measure.
The
Charging Party was given a Written Warning on November 16, 2004 for
Unacceptable Personal Conduct.
I
attempted to resign my position once my daughter went missing. I
considered such a conflict of interest and was distraught. I was
subject to a lot of illegal actions on the part of a then practicing
attorney, Erika Jones, whom was helping my ex-wife to try and force
me to sign a separation agreement
that would result in signing a document that would cause the payment
of over $900.00 per month and the surrender of primary custody of my
child whom went missing. The county never offered help in terms of
their employee assistance program. In lieu of resignation, I
attempted and requested FMLA to which I never received a proper
response from the county. To be plain, I tried to remove myself from
the situation by resigning and then requesting FMLA. The county
failed to respond properly and did not even offer the EAP typically
afforded to employees in distress. This
may explain why they generated phantom meetings because under FMLA
you cannot contact an employee at all [the confusion they caused].
The
Charging Party had written a formal letter of complaint against a
local police department and sent the letter to the Governor, the
Attorney General’s office, and multiple other public officials
stating that Wake County CPS had encountered “many problems” with
the subject police department regarding “mishandling cases, and
“inappropriate law enforcement.”
Writing
letters is not an offense that would/should cause the substantiation
of alleged
inappropriate
action(s).
I was a mandated reporter working for of all departments
child protective/placement
services. Drug dealing and the presence of children in that
environment, across the street from me, was not received by the
county as a report of child abuse, neglect, or dependency. The
county has me working in the CPS position and did not even start a
CPS report. To continue, one of those persons
outlined
in those letters subsequently died of an overdose, right across the
street. Again, the county did not properly respond to a situation
where child(ren) were at risk. First, in part, drug dealing is
beyond the purview of Wake County Human Resources and Social
Services, except
if children are at risk.
In
this atmosphere this was being done; the county also
was
repeatedly allowing workers to
use county resources
and caused an environment wherein personal business was being done in
the offices of the county. the
using county resources. Again, they trained me to work in CPS and
then I addressed CPS issues. At minimum, they should have went back
and taken my report and also gone ahead provided avenues to resolve
the issues I reported as a mandated reporter. Workers were booking
cruises, using copy machines and printers to perform personal tasks
not county related. The county knew of such and did nothing provided
often people left faxes and stuff on the printers. Also, they never
outlined “if I was on duty” when such was done, in other words;
was
it from
the county but after a request was made to resign and for FMLA. You
trained me to be a CPS worker, then, as a new CPS worker you did not
go back and stop such when the county immediately knew of any letter,
but only compile them later on to try to have grounds for a
termination. Again, that was a teaching and training moment and to
my knowledge no CPS worker ever went across the street to address the
child endangerment I directly observed. Wendell
PD never did anything and I believe they are responsible for the
overdose of Shannon Smith.
Wake
County had to follow up with all parties who were copied to notify
them that the Charging Party’s statements did not in any way
represent the position of the agency or Wake County.
Here
is the icing on the cake, where are those letters and notices to
those parties. Are you admitting
that under the auspices of the county they allowed children to be in
danger without starting an investigation? Again, timeline here is
when and where was the resignation received and where did the FMLA
request go?
The
Charging Party was also accused of sending a complaint about his
neighbors to the police department chief on Wake County stationary.
Again,
did the county start an investigation into child abuse that would
have been the proper response. Was I a mandated reported charged
with investigating complaints I directly received or that were
referred to me on my case load? Did my duties include
“investigating” child abuse, neglect, or dependency? Did my
duties include “following up on” suspected child abuse, neglect,
and dependency”? It most certainly did include those functions.
The
county never properly entered a CPS report. That
shows the county negligence and bias.
The
Charging Party admitted using a Wake County DHS facsimile cover sheet
to send his letter to
the
police department chief.
I
was never confronted with such. I cannot admit to something,
something that was part of my duties anyway, then, show me the date,
time, and place of any admission. The only thing I remember is being
asked to sign some letter on or before the date of termination.
Signing a document is not an admission. The
behind the scenes meetings, exparte, with Erike Jones and Theresa is
what is at issue here and how they confused things “with
admissions”.
This
police chief alleged that the Charging Party had use his position as
a DHS Child Welfare Social Worker to influence the department’s
handling of a domestic situation.
Wrong
here, the chief of police was subsequently let go for such. Again,
was I
a
mandated reporter and as such [not?]
required at time to investigate allegations of abuse, neglect, and
dependency. Again, the county never started an investigation based
on the information of a CPS worker here. That is criminal neglect on
the part of the county, and that person subsequently died due to his
activity of substance abuse; and the police continued to
inappropriately respond.
Let
me sum up to this point so far in my response. Some phantom meetings
occurred that seem to be a part of my personnel records. Meetings
were I am allegedly “confronted with allegations”, but only
recall one meeting prior to termination. That meeting was with Nina
Wright [Jenifer Wright], wherein she handed me a multi page document,
never went over the contents, and asked me to sign, while she had
tried to hack my personal computer, and broke it in the process, and,
at that time, it was a multi-page document. A signature was not an
admission and we were together for less that 7 minutes wherein she
spent the most of the time just asking me “how are you doing”.
Multiple
other incidents were also cited in the Written Warning, including
personal use of office computers while on annual leave, using County
systems to look up personal Medicaid information, as well Medicaid
information of others that was not part of his official job duties.
They,
Wake County, considered FMLA leave as annual leave[?].
Again, they sent me to Investigative training. I knew my child(ren)
was at risk; and, a Judge reached the same conclusion and restricted
the access of the maternal grandmother to the children and the access
of my step-daughter to the children. Considering this, Erika Jones
was the lawyer whom ran a liquor and drug house from her home. Was I
a CPS worker? Was investigating part of my duties? Yes or No
question there. And, did the county send me on the training for
such? Did the county even file a CPS report on the information
clearly they had in their possession? Was anyone ever interviewed?
Am
I guilty of preparing for a meeting with my supervisor to present a
CPS case? County
Medicaid information is not specific enough to answer any allegation
of such. Provide the specific for such. I do remember again, during
such time and subsequently, false allegations
being made against me to try to substantiate a DV 50 B and all that
was dismissed. Did I work for CPS and charged to protect and
investigate even if the investigation was of family member though
in-laws
whom had extensive legal and drug use histories and CPS involvement
histories. The
maternal grandmother died due to drug use. The
county never met with me at any time to talk about specifics. And,
during that time, I was more dedicated to protecting my own children.
What phantom meeting(s)
took place wherein they talked with me about “all those issues”?
The
Charging Party had also made inappropriate comments of a sexual
nature
to coworkers and admitted to making these comments. Exhibit 1
Personnel File, p. 7-8.
You
cannot cite and exhibit and not give me a copy. During the work
environment, there was this “thing” going around wherein lots of
workers asked “can I get a hug?”. Is that what they are talking
about? I do not know because I need the minutes and recording from
the alleged warning and termination meetings. Again, where was
protected FMLA during this process and what did they do with my
resignation.
On
November 15, 2005, the Charging Party was terminated from his
employment as Child Welfare social worker after a pre-dismissal
conference was held on November 1, 2005.
Wrong,
if you called presenting a multi-page letter to me for signature as a
conference, then you are wrong? No conference transpired, that is
clear.
The
Charging Party had breached confidentiality of his estranged wife’s
Child Care subsidy
records.
How
the heck could I have breached the “confidentiality” of my
estranged wife when they were the records pertaining to my biological
daughter, and, my rights over this minor continued, and, we were
never legally divorced (at that time, I filed for and absolute
divorce and was granted such in May 2013). As of the date of the
alleged breach, I was legally married, hello here. There was no
court orders, speaking to the lack of a DV order, to legally not
entitle me to all the information regarding my daughter. What the
heck? The county used a “breach” to terminate me when legally
“that could never transpire at that time?”. I was dad.
Estranged from his wife lacks the legal “divorced from his wife”
or “prevented by law” due to a court order to access. This is
again grounds to show the county acted with impunity towards me in a
discriminatory manner. CPS was mainly comprised of Gay and lesbian
supervisors in many department of CPS that acted with impunity and
hostility towards men. And, again, the county has a history of
non-competitive hiring practices with evidence of ongoing
discriminatory practices. They
hate hiring male social workers.
The
Charging Party used his status as a Child Protective Services social
worker and misrepresented that he was inquiring about a client on his
own caseload but was actually inquiring about his estranged wife’s
case.
Wrong
here. The biological father of a child sought the
whereabouts
of his daughter. The biological father had reason to believe the
child was in danger. The father was still married to his wife. No
court order existed to bar access to information sought.
During
the pre-dismissal conference, which is an opportunity for the
employee to present information to rebut the allegations presented,
the Charging Party admitted to using the information that he gathered
unlawfully in subpoenas he issued for his own domestic litigation on
August 22, 2005 and October 6, 2005.
There
was no pre-dismissal conference to be clear. Subpoenas
are issued by the clerk of courts, and they do not sign off on
illegal information. The clerk issued a subpoena. The county never
responded to the legal documents. The county engaged in criminal
negligence. They never filed a motion to quash, etc., and had the
right to do so. At that time I was only concerned with the safety
and will being of my child, and, the county despite having notice of
possible child abuse, neglect, or dependency, did nothing. They did
not start an investigation to my knowledge. That was the environment
that was pervasive during that time. The anti-men environment to
which the signing attorney participated. She was charged with a
child support case, and this year, I
received a notice stating
the county mishandled my child support case (9 years later, and the
county attorney was Jennifer Jones). Wake County Child Support
contacted me this year, over 9 years later. Look
at the Orlando’s
case and find were phantom meetings and similar things continue to
happen ten years later.
The
dismissal letter noted that his admission of this information and the
additional misuse of the information indicated he did not appreciate
the seriousness of the ethical violations he had committed,
despite
the previous written warning in November 2004.
Denied.
As discussed before there were some phantom meetings I never
participated in. You need to have a box on the bottom of all letters
wherein an employee can sign as receipt but not
admitting any charged. Basically, do not have a distraught father
and mandated reporter and mandated investigator just sign a document.
Show me the minutes of any meetings. I did not have any warning or
predismissal conference, etc., so, crafting and employee record and
not providing a copy of such to that person is illegal and amounts to
black listing in this case.
The
dismissal letter also noted that even though he could have gained the
information through the legal process, it did not excuse the fact
that he had lied to another Wake County employee to unlawfully obtain
the information.
The
big word here is unlawfully. This cannot be used in the circumstance
of what is alleged to have transpired; and the county response was
disproportionate, illegal, and a violation of my civil and legal
rights and the duties they expected me to execute as mandated
reported and investigator as I was on the track to move into CPS
investigations.
During
the pre-dismissal conference, the Charging Party alleged that the
recommendation
for dismissal was based on his disability.
Absolutely.
Today, during a conference, televised, on the State of Wake
County by
the Wake County Board of Commissioners, 11/13/2023, it is still clear
the commissioners allow the discriminatory practices to continue
across all of the county departments. HR is letting such happen.
The
allegation was investigated byWake County Human Resources and no
evidence was found to support the allegation. Exhibit 1
– Personnel File, p. 1-24
No
one ever contacted me. Hence, it was a pretty biased and one sided
investigation then.
The
Charging Party filed an Employment Discrimination Grievance as well
as a Non-
Discrimination
Grievance after his termination. Exhibit 1 – Personnel File, p. 52.
Show
me the personnel file please. If I am not mistaken nothing more than
10 years old can be used. And, Wake County actually hired my ex-wife
whom committed ethical violations on county property. Wow. That is
sure enough gender discrimination.
The
Discrimination Grievance alleged discrimination based upon race,
handicap/disability, gender
and
national origin. It was reviewed by the Wake County Equal Employment
Review
Committee.
The Charging Party was allowed to provide supporting documentation
and the
panel
conducted an interview. The EERC Committee found no evidence of
discrimination and
recommended
no further actions.
Never
contacted here at all in any capacity. Again, Wakecountyfail.com has
evidence to the oblivious HR personnel they hire and acts by HR that
go against federal and state law. I did miss some sort of meeting
wherein they never engaged in discovery and never provided me the
documents or supporting “witness” statements they used. Due
process violations on top of discrimination.
The
original complaint and the EERC’s documentation was reviewed by the
County Manager at that time, David Cooke. Mr. Cooke concurred with
theEERC findings that the Charging Party had not experience
employment discrimination.
Not
once was contacted by Mr. Cooke or HR post termination. How can you
review something without the other side of the story?
The
Charging Party was notified of the decision via a letter dated
December 16, 2005. Exhibit 1 –
Personnel
File, p. 11. The appeal hearing for the Non-Discrimination Grievance
was held by
Maria
Spaulding, Executive Director of Wake County Human Services.
This
is probably the meeting I missed and was never served with any
discovery documents, etc..
Ms.
Spaulding met with the Charging Party and reviewed all pertinent
documentation. Ms. Spaulding then upheld the termination. Exhibit 1 –
Personnel File, p. 9.
Denied.
I never met with her at all about termination. This is a complete
fabrication.
Wake
County follows a competitive hiring process for all hires.
This
is absolutely denied and was highlighted during a conference meeting
with the commissioners today.
The
policy is attached as Exhibit 2. Generally, the Talent Acquisition
and Compensation division handles the initial screening of applicants
for minimum and/or preferred qualifications and then sends the
applications to the hiring manager who determines which candidates
will be interviewed.
Specific
processes are followed for interview questions and panels. The most
qualified
applicant
is selected and then, if necessary, background checks are completed.
Wake County
does
not track which candidates have a stated disability in the hiring
process. ADA
accommodations
are available to both applicants and employees when requested.
The
discriminatory hiring practices continued and I have a lot of
documents wherein I addressed such with HR and Wake County Human
Services and the Wake County Board of Commissioners.
How
do you black list in Wake County? First, “bring up alleged
documents and acts” from over ten years, and, fabricate the
essential claims that resulted in termination of a county employee.
Do not provide the employee file that was requested during an EEOC
complaint. And, over ten years later have the same people employed
in HR that engage in discriminatory hiring practices. Your own
response show prejudice and discrimination.
This
is the State of Wake County.
Here is the link to the documents and complaint, see for yourself.
The EEOC complaint on Universal Drive
Remember this, in their response they cite alleged events from 2004-2005, and, the Statutes of Limitation in North Carolina is 10 years. After 10 years you cannot bring matters up. So, 2020 to 2023 applications for employment should not be under the review of the county manager because the incidents they alleged are 18 years old approximately. And, I was hired in Durham County in 2008 and had no issues there. Do the math. If this is not blacklisting then what is?
