[Enter Name]
[Enter Address]
[Enter Date]
Director
Equal Employment Opportunity Commission (EEOC)
[Enter Address]
Re: Brief in support of the charge for discrimination;
To whom it may concern:
I am writing to elaborate on the charge of discrimination, which I filed against my employer for
discriminatory conduct that I was subjected to at Hospice Plus. I have been working as a
[ENTER WORK DETAILS] in the said hospice for about twelve years now.
Factual Background
The incidences that form the subject matter of my Complaint are as follows:
a) On or about April 24, 2020, I asked Gloria Beth (hereinafter “Beth”), my supervisor
verbally, whether I could get two days off every week. She responded that she would see
and that she was busy at that moment.
b) On or about the summer of 2020, I again asked Beth again whether I would get Fridays
and Saturdays off because I needed more time to prepare my children for summer.
However, Beth responded that Fridays and Saturdays were not a good option and that
Fridays were too busy.
c) On or about the summer of 2021, around Beth told me to inform her of the adjustments I
needed because she could not accommodate me with a different schedule. Again, I asked
her to allow me two days off every week. Just like the previous instances, she responded
that things were very busy and that she needed to get through the holidays so she would
consider my requests again. The foregoing happened again around November 2021 and
her response was still the same that she would look at my requests again.
d) Around February 14, 2022, Beth made demeaning comments about my hair. When I
stepped into the office, Beth first asked me if I did my hair like that on purpose to which I
replied that I had gone out with my husband for Valentine’s and that he liked it that way.
She again asked me whether my husband truly liked how I did my hair. I had to change
the subject because she made me feel ugly, embarrassed and uncomfortable.
e) Around the aforesaid time, I sent Beth an email requesting two days off every week. In
the email, I told Beth that I had been allowed to have Friday and Saturday off. Therefore,
I was off on March 4 th and 5 th March; and 11 th and 12 th . And that on March 16 th and 21 st , I
was on vacation. Then upon return from vacation on March 25 th , I had to work on March
27 th . I therefore no longer had the Friday off.
f) Notably, around March 15, 2022, I again spoke to Beth who informed me that when I
work on Sundays, I would do start of care/ Admissions and Imminent Death Protocol
visits. Start of care is when a patient comes to the hospice and the Social Worker has 5
days to see the patient. On the other hand, Imminent Death Protocol (hereinafter “IDP”)
visits is when a patient nears the end of their life and a nurse sees the person daily then
the Social Worker also has to make visits every 3 days. Having me do the start of care
and the IDP visits on Sundays would provide less time for me to see my assigned
patients. I then asked whether Scott Nicklous (hereinafter “Scott”), who is a Social
Worker at our work-site would see the IDP Patients and the start of care/admissions when
I am off on Fridays, to which she denied. At this point, I had to express my concerns of
her unfairness. I informed her that I wanted to work from Monday-Friday and rotate
weekly on call, and that I should be treated fairly.
g) Further, I asked her whether I would help with the IDP and Initial Visits and that I would
be left with four days to work my assigned cases. Scott would then have five days and he
will not have to help with mine. Beth responded that she thought it would work out well.
I emphasized that I wanted to have equal hours, patients and responsibilities. I also had to
reiterate that for over a year, I had been asking for two days off and now the only way I
could have it is to do various task assigned for one day.
h) On or about the first week in March, 2022, I came into the office and saw two shirts on
my desk. I immediately left for the bathroom and when I returned, Beth was showing the
shirts to someone. I also had a look at the shirts. There was an image of a black person on
the shirts. Beth then said the following: “I am so proud of myself for finding the shirt for
you. I wish I could get one for myself.” When I responded that she could get one for
herself, she stated that she could not wear a shirt with a black person on it. She
emphasized that she could not do that. We stared at each other for a few seconds and I
left. The incidence had an impact on my esteem. I felt awkward, ugly and demeaned.
i) On or about April 13, 2022, I spoke to Scott who told me that Beth had asked him if he
had spoken to me. She told Scott that she was afraid to call me.
j) On another incidence, Aneshia, a volunteer coordinator, stated that Bill Cox called her
and that he was asked by Beth to train Mary Claire Lawrence. Bill then asked Beth why I
was not training Mary Claire Lawrence since I had trained him. Beth told Bill that she did
not think I liked gay people. This incidence left me in shock and I remained in disbelief
of this.
It follows; I have been subjected to constructive discharge tactics. I have no option but to resign
from my position with Hospice Plus. The existing conditions have become so unbearable that I
am unable to execute my duties and I also fear for my safety. I complained about the conditions
and now I am being retaliated against.
Exhibits
I have the following evidence to support my allegations:
a) February 2022 email showing why I felt unfairly treated.
b) A video recording of Bill Cox saying what Beth had told him.
Legal Arguments
Racial harassment has for some time been recognized as a violation of Title VII. The EEOC has
ruled that an employer is responsible for maintaining a "working environment free of racial
intimidation," and that the requirement includes "positive action where positive action is
necessary to redress or eliminate employee intimidation." EEOC Dec. 72-0779, 4 FEP Cases 317
(1971); EEOC Dec. 72-1561, 4 FEP Cases 852 (1972), noted in B. Schlei P. Grossman,
Employment Discrimination Law 237 (1976). Title VII prohibits "the practice of creating a
working environment heavily charged with ethnic or racial discrimination." Rogers v. EEOC,
454 F.2d 234, 238 (5th Cir. 1971), cert. denied, 406 U.S. 957, 92 S.Ct. 2058, 32 L.Ed.2d 343
(1972).
It is also a well-laid principle of natural justice that one should be accorded fairness and equal
treatment in all associations of life. Besides, it is immoral and unethical for an employee to be
treated unfairly and/or unjustly by reason of the employee’s race or origin, or on any other
ground.
In the instant case, I have been unfairly treated because of my race. Notably, Beth denied all my
requests to have two days off every week, yet there was no reasonable justification for the
denials. Beth also made discriminatory remarks to me. For instance, she showed an express
disregard for my hair and stated even wondered whether my husband truly liked how I did my
hair. Her discriminatory conduct is also evident from her remark that she cannot wear a shirt
with an image of a black person on it. Finally, she denied me the chance to train Mary Claire
Lawrence without a reasonable justification.
In sum, the discrimination I have been subjected to at Hospice Plus because of my race, and the
subsequent retaliation for raising my concerns have a disparate impact on me. Accordingly, I
request that the EEOC finds that there is a reasonable cause to believe that Title VII was
violated.
Thank you for your prompt attention to this matter.
Sincerely,
________________
[ENTER NAME]
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