Bara v. Google, Inc.

Filing 1

Bara v. Google, Inc.
EEo c Form s (sro 1)
Thi s form is affected by the Privacy Act of 1974 . See enclosed Privacy Act 5tatement and othe r informati on before pamp l et ing this form .

Doc. 1 Att. 1

.CHARGE OF DISCRIMINATION

Charge Presen ted To : FEPA X EEOC

Agency(fes) Char ge No(s) :
410-2009-050 64 a nd E EOC

Name (Indicate Mr., Ms., Mrs.)
Street

State or local Agency, K any

Home Phone (Incl . Area Coda)

Date of B irth

Mr . James Bara

[phone] 11-11-1980
City, State and ZIP Code

Address

330 Aqueduct Court, Alpharetta, GA 30022
Nam ed is the employer, La bor Org a nization, Employm e nt Ag e ncy, Apprenticeship Committe e , or State or Loc a l Government Age ncy That I Be li eve Discr¢ninated Ag a inst Me or Othe rs . (If more th en two, list unde r PARTICULARS below.)
N ame
No. Emp l oyees, Members

I

P h one No . (Include Area Code)

GOOGLE IN C .
Street

Unk n own
Address City, S tate and ZIP Code

M i llennium At M i dtown , 10 10th Street, Ne , Atlanta , GA 30309
Name

No. Employees, Me m bers I Phone No . (include Area Code) City, State and ZIP C o de

Street Address

DISCRIMINATION BASED ON (ChecJc appropriate box(es) .)
RAC E r OLQR ~ 7X AGE -SEX-El : 7 'RELIGION .X . DfSAB ILl7Y ~ ~ NATIONAL ORIGIN OTHER (5pecilybefow.)

DATE(S) DISCRIMINATION TOOK PLACE Earliest , Latest

05 -01 -2008 07-21-2009
1:1 CONTINUING ACTION -

RETALIATION

THE PARTICULARS ARE (If additional paperis needed, attach extra sheet(s)) :

I was hired by the above named employer on October 23 , . 200 and most recently worked as an instruct ional Designer . Beg i nn i ng in July of 2008, my supervisor, Pam Sohn , made inappropriate comments about a Transgender employee that joined our team . I informed Ms . Sohn the remarks were inappropriate and she stopped making them . Shortly thereafter, Ms. 5ohn - began mak i ng i nappropri ate comments about my religion . aga i n told Ms . Satin the remarks were inappropr i ate but she continued making them . On March 24 , 2009, ! complained to Ms . Sohn ' s supervisor , Maggie Johnson and Human Resources Director Susan Wilson , about unfair treatment I was receiving from Ms . Sohn . On May 1, 2009, I was placed on a Performance Improvement Plan . On July 10 , 2009, f complained to Ms . Johnson and Human Resource Di rectors Kri stina Shute and C h ristine Doyle abou t the i nappropriate remarks Ms. Sohn had made and again about the unfai r treate m ent. On July 21 , 2009, E was terminated .

The company stated that I was terminated for not . meeting the expectations in the Performance Improvement Plan .
believe .that f have been discriminated against based on my sex (male), my religion (Wiccan), and retaliated against for making protected complaints of discrimination, in violation of Title VII of the Civil Rights Act of 1964, as amended .

~ NOTARY - When necessary for State a nd Local Agency Requirem ents went this charge filed with both th e EEOC a n d the Sta te or local Agency , If any. I Will advi se the agencies If I ch ange my address or phone number and I will coope rate fu l ly with th em In the process ing of my charge in accordance with the ir proc edures . swear or affirm that I have read the above charge and that h is true to I declare under penalty of perjury t h at the above i s true and co rrect . the best of my knowledge, information and belief. SIGNATURE OF COMPLAINANT
SU B SCRIBED AND SWORN TO BEFORE ME TH (month, day, year)

Jul 27 , 2009

Dockets.Justia.com

. U .S . EQUAL EM P L0"YI)TE~''T OPPORTUNITY COMMISSION Atla nta Dis tr i ct Office 100 Atabams stree L,
(404 ) 56 2-6800 TTY (404) 562 .6801 FAX ( 4 04) 562L6909/69 10

Atle6ta, OA 30303

SW,

suict 4R30

flVF a.

XTT oAr SHEET FOR CHAR GING .PAR=

Your charge has been accepted by the Equal Employment Opportunity Commission (EEOC) and P assigned charge number_ e4[0a b 0q DSD &cfi 'lease use this number when you contact is office . The following represents a general overview of how we will process your charge of employment discrimination .,

O UR RESPONSIBILITIES:
.$ ' A cop y o f the charge will be served on the Respondent within the next ten c~.a3rs . 'We w ill request that it provi de a position statement which is s imply a letter or report in which the Respondent sates its understanding of the events referred-to in the charge .

4

Initially the charge will be reviewed to assess the allegations in an effort to dettrnjim, appropriate procedure to use in handling the charge . Rest assured, the initial review will , ' . be based on the information you'provided daring the intake process and the initial, review will take less-than tin days . Your charge will first b e referred to our Alternate Dispute Reso luti on Uni t far poss ible mediation . It is our expectation that -within the next s izz-ty days, you -,F,,,W either receive a telephone call from a mediator inviting ), au to participate i n mediation or receive a letterJte-lephone call from an inY eSfzgat o r znfoxM xxtg .yo u that the charge has been assigned for ixiv°sti-at i on . Pl eas e do not a2:11, during +1_1 Ai s period simply seeking to find o ut "Mrhat i s happening" to the c h arge ,
If you or the Respondent do not agree to try mediation or if the mediation attempt is unsucc·°ssful, the charge -will be assigned to an enforcement unit for in~,estz~afiafln .

4

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Once assigned, the investigator will ask you questions, may ask Witnesses questions, and may review records . Based on the evidence gathervd, the investigator will prepare a recommendation on ulhethex diserinunatian has . You and the Respondent will occurred be liven a determination letter which will sa}~ whether there is region or not . to believe iu i __t hal discr~- ~- nation has accurr~d . You will then receive a notice of right to sue which will allow you to file suit in fihe appropxsate - r'~rYer~ .l-_court .-00

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7n.~armati an 5f~eet for · Char tri n 2 ' Parties .. Page 2

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-{ ~ We are . constantly war-king investigate charges as quickly as poss ible, _wh i te at the investigation The . same time attempting to spend as much time as :poss ible on each . amount of time required for the inves i igatar to obtain, review, and analyze evidence will, depend on the complexity of-the charge, the number -of other charges assigned to the investigator and - the completeness of the information received from you and the Respondent 'Our current average pro·cessiri g ;tim 'e is s ix months a ft er the charge is . assign to an investi trat or .'

_+ ...

The EEOC expects i ts employees to be responsi v e . to ail inquiries from the publ i c we serve . We. also . strive to focus our, resaurces - an investigating and processing the' many charges filed with us , ]Dv e t o ou r hea V~r Workload, oar sta ff mad n ot . a IW a )'7 s . . .. be .run me dzate~y .avail able to rec 6hr e ' an d - r' espb n d to caI l,s . o r . other communications .

. 1''O UR RESP0NEIB .ILI".T ~E~S
{ it i s important that you provide al l .ini'amiati an and/or evidence, including the names of -wifn.esses (if possible j ob Title , address and telephone numher), as early as possible to : :pr~clu~.e unnecessary delays . ~. t th is fungi we may have concluded that we .aeed additional information-to in Ypgitidate the charge . . If that i s the Gale, please fmd aaclos tt d .2 jutsrionaaire f or you-to comp lete. The i nu -- suga tor will determine the -r-,I BV n Cy OT 6vit=- 5=5 and decide which w7tTie °S°5 -to lIlLGT'Sr1 eW . ~.~LIl~ :~5~5 may be interviewed any Tim-- d3Ii1TZ g the IIIv t 5t3~ atIv e -pro Cw55 . .address . Please claim any c°rtLutd :maiI which r,EOC may send you . H~.OC cannot lacate you, or iiIEEOC asks .youta do something n°cessar,3, to its lllVestigauan and you decline, EEOC may di.scanltinut th e invtsticration and issue a Dismissal and Notice o f . . Lights which mill allow-you to i~lt a lawsuit within 90-days of your Ttr=ipt of the dismissal notice,

-~ Pl~ase zmM0C of any ;flrolangzd absence, change in telephone number or change a·

~ Repeated and unnecessary telephone calls, levers and unsch-dul5d visits =a), interrupt the .~aves~iga~.ve ;~rocess . W .erealize~~ouha~Te-~a~id conc5rns -about the in-~Testzuation of -the charge, but please be . patient ~ If -y-ou .a ; e ren re serz tecl b ), .an -attorney, ),c) v.r attorney must send a letter of reprp .9 enta tian . If you are represented by an attorney, our communicauors will be . withh that attor-n.vy, Ifyo u . art .notT.epresent~d hy .an . .attarnrY, .pur.. co=unicaTiazr ._s aril] be with you,

L 1 .5 . EQUAL EMPLOYMENT,OPPORTUNfTY COMMISSION N

Atianta District Office
Atlanta, GA 30303 TTY 004) 562-6930 (404) 56 1- 6 80 1 FAX [phone]

100 AinbHnia' Slrcc L ,SW ,s U t « 4M

.1ames .Bara 33o Aqueduct Court Alpiiaretta, GA 3 00 22

It-

RE : Bata v . Goole Inc. EEOC Charge Number: 410-2009-05064
Dear Mr. Bara, This letter wigl serve as our explanation concerning our determination of the merits concerning the above-referenced charges of discrimination . The determination relies on the following ' information : 1 . On July 27,2009, you filed a charge with the EEOC alleging that you were discriminated against based on your sex (male), religion (Vi'iccan) and in retaliation for making an internal complaint, in violation of Title VII of the Civil Rights Act of :1967, as amended (Title VII) . 2 . Examination of the information obtained by you during the- intake processing of your charge revealed no evidence that you were discriminated against based on your sex or reliogion or in retaliation for making protected complaints of discrimination, in violation of Title VII . Accordingly, the E EOC finds no violation of the Title VII . You have received your Dismissal and Notice of Rights and Information Sheet . If you want to pursue your charges further, you have the right to sue the company named in your charge in U .S . District Court within 90 days fromm the date you receive the enclosed notice . Please read the documents carefully . n JUL 3 1 2009 Date

Natas

a .Barion ; Senior Investigator

r

To J am es Bara "330 A q ueduct Co u rt A l p h aretta, 2G :304 . ;0 2

From : A t lanta D ist ri ct Off ice -1QU Alabama Street, S .W . Suit e 4R30 At lanta, G A"303D3

EE OC Charge No .

On behalf of pers on(s) aggrieved K hose identity is CONFIDENTIAL (29 CFR §1 601,7(a)) EEOC Representative

Telephone

No .

41 0 -2009- 0 5 064

In v e sti gator

Natasha L. ' Sears,

( 404) 562-6829

T H E .EE OC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FO LLOWING REASON :

The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC . Your allegations did not i nvolve a disabil i ty as defined . by the Americans With Disabilities Act . The Respondent employs less than the required number of employees or is not otherwise covered by the statutes . Your charge was not timely filed with EEOC ; i n other words , you waited too long after the date(s) of the alleged d i scr i minati on to file your charge

0

The E EOC issues the following determination : Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes v i olati ons of the statutes . Th is does not certify that the respondent is in compliance with the statutes . No ' fEnd ing i s made as to . any other issues : that m i ght be construed as having been raised by : .this charge . . The E EOC has adopted the findings of . t h e state or local fa i r employment practices agency that investigated this charge . Other (briefly state)

(See the additional information attached to th is form.)

- NOTICE OF SUIT RIGHTS-

Title VIE, the Americans w ith D i sabilities Act, and/or the Age . D iscriminati o n in .E mpf .oymentAct : Th i s will be the only notice of dism issal and of your right tosue that we will send .you . You may fi le : a lawsu it =against the respondent(s) under federal haw . based on this charge in -federal or state court . You r lawsuit r»ust ' : be -filed WITHIN 90 'DRYS of your receipt of th i s notice , or your ri ght to sue based on this charge will be lost . (The time limit for filing suit based on a state . cla i m may be different . )

Equal ; Pa,y A ct (EPA), :EPA suits must be filed in federal or state court within 2 years (3 years-for wilful :violations) of .the . alleged :.EPA underpayment . This means that backpay du e for any violations tha t occurred more than 2 years (3 years before you file suit may n ot b e coll ectible .
On behalf of the Corn issiq Enclosures(s) cc : Christina Shute Human Resources :D i rector GOOGLE 1600 Ampith.eater Parkway Mounta i n V iew, CA 94043 7Z Bern i ce Williarrrs-Kimbrough, D istr i cf : D i recto r /

JUL 3 1. 2009
(Date =Marled)

Enclosure with F E00 Form 161 ( 2fO 8)

INFORMATION RELATED TD F IL ING SUIT UNDER- THE . LAWS ENFORCED BY THE ~EEOC (This information relates to Fling suit in Federal or State court under Federal law. If you also plan to sue claiming violations of State law, please be aware that time limits and other provisions of State Jaw may be shorter or more limited than those described below .)

PRIVATE SUIT

RIGHTS __ Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA) :

In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within 90 days of the date you receive this Notice . Therefore, you should kee.p :a record of :this date . Once this 90day period is over, your right to sue based on the charge referred to in this Notice will be lost . If you intend to . consult an attorney, you should do so promptly . Give your attorney a copy of this Notice, and its envelope, and tell him or her the date you received it . Furthermore, in order to avoid any question that you did not act in a timely manner, it is prudent that your suit be filed within 90 days of the date this Notice was mailed to you (as indicated where the Notice is signed) or the date of the postmark, if later . Your lawsuit may be filed in .U .S District Courtor a State court of competent jurisdiction . ; (Usually, the appropriate State court is the general civil trial court .) Whether you file in Federal or State court is a matter for you to decide altar talking to your attorney . Filing this Notice is not enough . You must file a "complaint" that contains a short statement of the facts of your case which shows that you are entitled to relief . Your suit may include any matter alleged in the charge or, to the extent permitted by court decisions, matters like or related to the matters . alleged in the charge : Generally, suits are .brought in the State where the alleged unlawful practice occurred, but in - :some cases can be brought where relevant employment records are kept, where the employment would have been, or where the respondent has its main office. If you have simple questions, you usually can get answers :-from the office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or -make legal strategy decisions for you, ;PRIVATE SUITRIGHTS -- -Eq ua l Pay Act (EPA) : E P A suits - must : be filed in court within 2 years ( 3 years for w i llful violations) of the alleged EPA underpay ment: Back . pay due for violations that occurred more than 2 years Q years) before you file suit may not be collectible . For example, . if you were underpaid under the EPA for work performed from 7 1 1 1da to 12!1!00 , y ou . should f i le suit before 711fb2- - not 1211/02 -- ..in order to recover unpaid wages due for July 2000 . This time limit for fi l ing an EPA su it is separate from the 90-day filing period under Title VII, the ADA or the AD E A referred to above . . 'Therefore, if you also plan to sue under Title VII, the AAA o r the ADEA, in addition to su i ng on the EPA claim , su it. must be filed within 90 days of this Notice and within the 2 - o r 3-year EPA back pay recovery per iod .

ATTORNEY REPRESENTATION -- Title i/lt and the ADAM
. if you cannot afford or have been unable to obtain a lawyer to represent you, the U . S. District Court leaving jurisdiction iii your case may , in limited circumstances, assist you in obtaining a lawyer . Requestsfor such assistance must be made to the U .S . District Court in the form and manner it requ i res (you should be prepared to explain in detail your efforts to reta i n an attorney). Requests should be made well . before the end of the 90- day period mentioned above, because such requests do not relieve you of the requ i rement to bring suit with i n 90 days .
i07TORN EY REFERRAL AND F= EOC AS SISTAN CE -- All Statutes : .

You may contact the EEOC representat i ve shown on your Notice if you need help in finding - a lawyer or i f you have a n y questions about you r lega l rights, including advice on which U , S . District Court can hear your case. If you need to. : - - : i nspect or obta in a - . copy of information in E E OC `s file on the charge , please request it promptly in writ ing and : provide your charge number (as shown : on your Notice) . While EEOC destroys charge files after a : .eertain ti me , all charge files are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to rev i ew the charge _ ; . file , please make your review request within 6 months of th i s Not i ce. (Before fi ling suit , any request should be made within the next 90 days .)
IF YOU FILE SUIT, PLEASE SE ND A COPY OF YOUR COUR T COMPLAINT TO THIS OFFICE .