"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
Would the media
be covering this story if DHS Secretary Napolitano was treated this
way?
What about Hillary Clinton? Michelle Obama?
A traveler arriving into the United States?
Your mom, sister, wife, daughter, friend?
The agency and the EEOC interpret facts to favor the agency:
1. When my Mom was discriminated against the agency stated “it was not harassment.”
2. When my Mom was retaliated against for speaking up, the agency stated “it was not discrimination.”
3. When my Mom was harassed, the agency stated “it was not retaliation.”
4. My mom proved beyond a preponderance of a doubt that the DHS
managers wronged her, lied about it, covered up for each other,
failed to follow policies and procedures, and continued retaliating
against her. The EEOC stated that no discrimination or retaliation
occurred.
Why is my mom forced to prosecute the wrong-doers in an attempt to receive fair treatment? Internal Affairs is responsible for “employee integrity and misconduct investigations; integrity awareness; corruption detection through research and analysis of all available date;…”
Source: http://www.cbp.gov/xp/cgov/about/organization/assist_comm_off/internal_affairs.xml
All of the above statements included in the EEOC ruling directly contradict sworn statements by her coworkers, who all identify that she was treated differently:
“Nobody should have to deal with the work environment that [co-worker] is being subjected to here.” – Officer “A”
“Disparate treatment, in the employment context, refers to when a person is treated differently from others. The different treatment is based on one or more of the protected factors and the different treatment is intentional. This is distinguished from the concept of "adverse impact", which may be unintentional and applies to a protected group rather than an individual.
For example, disparate treatment occurs when a supervisor allows the majority of his/her employees to enjoy a particular job benefit but denies a single employee that same benefit.”
Source: http://definitions.uslegal.com/d/disparate-treatment/
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