An Example of Discrimination Toward the Disabled and Men and Hispanics

 

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?