"SHUT YOUR MOUTH, WHORE, WHEN MEN ARE SPEAKING."

-DHS Supervisor Timothy Borden to my mother


 

Warning:

The following page contains numerous vulgar and offensive quotes.

Nobody should be subjected to this language and the federal government should not be defending any of it as “acceptable.”

 

 


 

After the agency quote listed below are several points that reveal how desperate the agency is to justify harassment directed at my mom. Additionally, it reveals how the agency and the EEOC continually fail to hold anyone accountable for intentional false statements made under oath.

 

The CBP agency attorney states “The Judge’s decision is in accord with Commission precedent. See, Harlow v. Dept. of Agriculture, 2010 EEOPUB LEXIS 4056 (December 23, 2010) (“Stupid fucking bitch” made one time was not severe or pervasive enough to be considered unlawful): see also E.E.O.C. v Champion Intern. Corp., 1995 U.S. Dist. LEXIS 11808 (N.D. Ill. Aug 1, 1995) (male co-worker poking two female co-workers with a stick shouted to claimant “What the fuck are you looking at!” and told her he would make her job more difficult, then dropped his pants, exposed his buttocks, grabbed his penis, and shouted “Suck my dick, you black bitch,” this was not severe or pervasive enough to state a claim). Northcutt v. Dept of the Treasury, EEOC Appeal No. 0120073833 (February 5, 2008) (utterances of “red neck bitch” and complainant “stinks” were not sufficiently severe or pervasive and failed to state a claim).

 

 

I. [Harassing supervisor said “Shut your mouth, whore, while men are speaking” directly to my mother, twice, witnessed by Officer “A” and stated by Officer  “A” in sworn statements to internal affairs (IA) and in sworn testimony to the EEOC administrative judge.


            1. Officer “C” also provides sworn IA statement and sworn EEOC testimony to witnessing the same comment.


            2. Contrary to the agency defense that it was said “once.”


            3. Contrary to the agency defense that it was said by a “co-worker.” This was said by a male supervisor to a female subordinate.


            4. Contrary to the agency defense comparing it to “utterance”.


            5. Contrary to the agency defense, harassing supervisor only admitted under sworn oath to IA and to the EEOC AJ that he only said it one time.


            6. Contrary to the sworn statements to IA and EEOC that harassing supervisor only said it once, when witnesses testified that he said it more than one time.


            7. Internal Affairs investigator summary quote: "While unable to recall or remember instances wherein his conduct could be called into question, [harassing supervisor] was able to vividly recall events involving [subordinate's] defficiencies or shortcomings citing dates, times and locations."


            8. Internal Affairs investigator summary quote: "[Harassing supervisor] stated that he did not use this term while employed in [previous duty station.] [Harassing supervisor] explained that the term is a combination of the words 'cunt' and 'gut.' When pressed about witnesses hearing him use this term, [harassing supervisor] said that he couldn't recall using the term." In sworn testimony, the harassing supervisor said that this term was used at his previous duty station.


            9. Internal Affairs investigator summary quote:"IA asked [harassing supervisor] if he had made reference to the term 'pink socks.' [Harassing supervisor] said that he did not recall using this term either. IA asked [harassing supervisor] if he new [sic] the meaning of the slang term 'pink sock' or 'pink socks.' [Harassing supervisor] said that, to his understanding, the term is slang for anal prolapse. When pressed about witnesses hearing him use this term, [harassing supervisor] insisted that he could not remember." Contrary, in sworn testimony, the harassing supervisor referenced the term as "gay sex."


           

II. Under the same logic, if DHS Secretary Janet Napolitano was told “Shut your mouth, whore, when men are speaking” by her supervisor (President Obama):


            1. the DHS and the EEOC would make the same ruling for Secretary Napolitano with the same actions


            2. the agency attorney would provide the same defense of President Obama