Southeast Atlantic Beverage Company/formerly Canada Dry Informative - Not-for-Rehire/Legal Fund for Justice/Is discrimination legal?

Review by Vita on 2005-04-01
MIAMI, FLORIDA -- I am not sure of how one obtains justice finally after so many instances of injustice. There appears to be an underground justice system which serves the purpose of ensuring injustice when pertaining to certain matters such as employment discrimination. The EEOC can choose not to litigate on behalf of claimants whom they find were clearly discriminated against. They focus on class settlements, so no matter how bad a company discriminates against a single individual, they 99.9% of the time, do nothing. So does this underground system make discrimination legal?--when they are aware that claimants cannot afford an attorney, thus, future claimants must choose not to file a charge because it would make matters and their life worse?

I do not have any money to pay an attorney and the EEOC refuses to administer justice because they can (refuse). In brief description of the purpose of my reaching out, I worked for a large beverage distributor for approx. seven years (hired in 1993) and was the only black in the accounting office. Out of over 600 employees the company attained, nor promoted, no black managers. Due to my knowledge, skills and experience with the Company, I acquired managerial duties and responsibilities without being given a raise or promotion, as all other non-black employees had been provided when given new job descriptions of greater responsibility.

After training new hires (non-black) whom were often reluctant to receiving direction from me, they refused various duties which were given back to me because they refused, even though these duties were the reason for their hire. I complained in writing of discrimination, and was denied a promotion following a written request. Upon my written complaints and filing an EEOC charge (Nov. 1999), I was scrutinized, isolated, and provided falsely written reprimands including suspension. My performance appraisals were above excellent, proof of such was within my personnel file. The problem was that the Office Manager favored and provided excuses and explanations for my two new co-workers discriminatory behaviors, including, he failed to discipline their behavior, however, I was written-up for complaining of discrimination.

I filed a complaint with the Human Resource Director and no corrections or interventions were effectively made. The EEOC provided mediation, (Jan 2000) whereas I was not allowed to return to work if I settled the charge. The EEOC also provided that there would not be an investigation, including, that the only resolution was to settle and not return to work. During this time, I was seven (7) months pregnant. The Company directed that they would pay just $13,000 and insurance for 3 months. I litigated pro se later claiming retaliation and retaliatory discharge, and unequal pay in Federal Court, I used an attorney for an appeal, then I filed a petition in Supreme Court which was of course denied (Oct 2000 - 2004).

I am now in my senior year in college (Bus. Management with a 4.0 average) and have children ages 5, 7, and 8, and have had difficulty getting gainful employment because of my employment history and instability with this particular company. There is a law of post-employment retaliation, the company has me categorized as not-for-rehire when employers call. Even with my obtaining an education, employers during interviews probe me about the reasons why the company has a refusal to hire me. By settlement agreement the Company is supposed to always provide me a good reference, and cease from any further retaliation, or discrimination.

I believe the company fired me in further retaliation by declaring in mediation that I could not return to work even with settling the charge. And now, the company is breaching the agreement, and retaliating against me further for asserting my rights by listing me as not-for-rehire, when it was the EEOC and the Employer whom declared I could not return to work.

How can I obtain financial/legal support to seek declaratory and equitable relief, including legal finding of whether there is a settlement breach, as this 12 year and continuing crisis has caused a lot of turmoil in my life, primarily, in my in-ability to obtain adequate employment, no matter how many jobs I apply for?

I have a federal id# for Legal Fund for Justice which I created a few years ago, and had no funds personally to even solicit for support. I am now trying a different approach. Congress needs to be pressured to change the EEOC guidelines so that victims do "not" suffer for asserting their rights. This is an important basis of my campaign, including pursuing a settlement breach claim to enable my ability to obtain adequate employment without the company stating I am “not-for-re-hire” because I filed and settled an EEOC charge; however, importantly, everyone needs to first know about this underground system as it occurred upon me. Please provide any support (print/media/financial/legal) assistance possible. Thank you in advance.

A W A R E N E S S

It appears it is easier for white citizens to obtain community support through media than black citizens. This matter is critically important because employment is a crucial aspect of the wellness of a black individual and family. And with issues and defects such as above, black society members will continue to suffer, and ponder and wonder why? Why we can’t get better jobs, promotions, raises? Perhaps, it is because we don’t stand together and demand to be respected and treated adequately in the workplace as a whole. Much Awareness is needed about the discrimination battles individuals not classes, but individuals face everyday, and have no support from the EEOC to adequately enforce their rights. If 1,000,000 individuals, individually face problems with discrimination in their workplace, and have no power to do anything, that is 1,000,000 people total. However, EEOC, focus on classes of discrimination, this does not solve anything for the 1,000,000 victims whom suffer individually. By these matters going unchallenged, they worsen, and the black community and families get weaker. Further, by matters occurring as described above, Employers strengthen and become bolder in discriminatory treatment of black employees whom do not individually constitute as a “class.” Such individuals are powerless, lack funds, and are fearful of the outcome, as occurred up myself.

Please provide any support (print/media/financial/legal) assistance possible. Thank you in advance.
Comments:1 Replies - Latest reply on 2005-04-11
Posted by tpebop on 2005-04-11:
fina lawyer that will work on contingency if all you said is true you should win with damages to inlude punitive if not no loss as it is contigency

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