I made a complaint to the EEOC, Jan. 2004, and the Hawaii Civil Rights Commission, Apr. 2004, both of which were dismissed without an investigation, each agency sat back and waited for the submission of the company's response. Incidentally, I was contacted by the director of the EEOC, asking me if I wanted to proceed, after I was shown a copy of the company's response, which I don't believe is proper. I now see in the EEOC's and the HCRC's own publications, matters such as mine that were investigated and even adjudicated. During the HCRC's lack of investigation, I only heard from them at the intake and when I received their letter of dismissal.
I furnished the EEOC and the HCRC with names of co-workers who said they would speak for me. They were not interviewed. I was informed by an investigator at the EEOC that no one visited the site. There was a similar situation here with UPS, where an employee was fired for doing less egregious acts than his co-workers, which I believe is the case here. I saw co-workers break company equipment, cuss freely, ask for sexual favors, and bring children and friends to the work site. Throughout this experience I have been told by these agencies' staff and lawyers, literally or in effect, "there is no smoking gun here". This is only due to there being no investigation. In the least, there is a pattern that should compel any thinking person to ask questions.
I was terminated in May 2004, two weeks after the dismissal of the EEOC complaint that was not investigated.
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EEOC Regional Attorney William Tamayo said, “This is a very good resolution because Lockheed Martin agreed to terminate and permanently bar Daniel’s harassers from employment. It sends a powerful message that racism cannot and must not be tolerated.”
Raymond Cheung, the EEOC attorney who led the government’s litigation effort, added, “To combat the harassment and threats faced by Mr. Daniels is at the heart of why the EEOC was created. Despite concerns of retaliation, this man had the courage to stand up and make public what happened to him, in an effort to ensure that it would not happen to anyone else. It has been a once-in-a-lifetime honor to work on this case.”
EEOC Honolulu Local Office Director Timothy Riera praised the agency’s lead investigator in the case, Gloria Gervacio, and said: “The overt harassment to which Mr. Daniels was subjected in Hawaii represents some of the most severe misconduct this office has come across. It is imperative that employers here take proactive measures to ensure that discrimination complaints are taken seriously and that all employees work in an environment free of harassment.”
EXCEPT VERNON
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