Free Affidavit - District Court of Delaware - Delaware

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· ‘ I . VVACHOVIA CORPORATION,·‘t/a ‘· _..· fi JURY TRIAL DEMANDED — ·
. Q , , A WACHOVIASEQURITIES, _ . { ) f pj . ‘ . —
` _WACI·IOVIA SECURITIES, L.L.C<., ) `
WACHOVIA SERVICES, INC., · 4 )
WACHOVIA BANK OF DELAVVARE, ) .
N.A., _ I ) · · _ . "
TODD D. GAUTHIER, ) l ` .
A LYNN G. MEYER, ) .
CAROLYN J. BEAM, and . I ) I V
DOROTHY A. DIFEBO, ’ ) ’ ·
· Defendants. )
. . ‘ AFFIDAVIT .
, . James K. Finney, being duly sworn according to law, states as follows:
I 1. I make this affidavit ari personal knowledge, and the information in this affidavit
is true and correct to the best of rny knowledge. V I
A 2. I was employed by Wachovia as a bank teller at Wachovia’s Prices Corner
I financial center ("branch") from March 2006 through December 2006.
3. During the time I served as a teller at Prices Comer, I was the only male, and only
AlII'IO&l1-AIHGIIOBH male working as a teller in the branch.
4. During the time I worked at Prices Comer, I was subjected to harassing and
discrirninatory conduct by Petra Rash, a white woman serving as the Wachovia Teller Manager,
as well as by other white female tellers. Such conduct including being touched inappropriately
and being struck with papers.
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I ll l I 5.. A in ip made _A_h` _. to; Mattie Owens in Wachovia’s Human Resources i
· l wr _ ·· Department, to Cerri Doughertyiiaidervice Leader, but Wachovia took no action to stop the
l` I I I inappropriate conduct directediatlmeli as timevdidvthe Financial Center Manager (°‘FCM"),
n I i 4 I I pqfoidly the mapprnprtate conductldirected at me despite the fact
l I _ ig that she wasaware ofiti I 'I `· · - A - l. I I
i V 6. ` Prior to my worlting at Prices Corner, ir had worked as a "rover" (roving
_ temporary teller) at Wachcvia’s Capitol. Trailbranch. The Prices Corner and Capitol Trail
. branches were only about one mile apart on Kirkwood Highway, in Wilmington. However, the
general atmosphere I experienced waspcornpletely differentat the two branches. I experienced
` I no conflicts at Capitol Trail, but I experienced inappropriate and harassing conduct at Prices
I l Comer based on the fact that Iwas an A£rican—Arnerican male. The FCM, Ms·. DiFebo, did not
I seem to care about howl was treated by the other employees.
l t 7. Wachovia failed to take any steps to remedy the inappropriate treatment directed "
at me, and I was forced to resign in December 2006.; When notified of my resignation, Teller
Manager Ms. Rash tmew my resignation letter at me. 4
I 8. On January 22, 2007, I tiled a Charge ofiDiscrimination with the Delaware ‘
Department of Labor/Equal Employment Opportunity Commission alleging that l suffered racial
and gender discrimination. A trueand correct copy of my Charge of Discrimination is attached
as Exhibit—A to this aflidavit.
9. ri understand that Iiemieth Sr Mitchell has asserted race and gender discrimination
claims against Wachovia in connection with conduct directed towards him at the Prices Corner
branch. I did not discuss my complaints with him, and he did not discuss his complaints with
me, until recently during the course of his lawsuit against Wachovia.
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5555 Fm 5 (5,51) Case 1 :06-cv—00725-GMS Document 48 Filed 01/23/2008 Pa e 4 of 4
CHARGE QF DISCRIMINATIQN Charge Presented To: Agency(ies) Charge No(s):
This form is affected by the Privacy Act of 1974. See enclosed Privacy Act X FEPA
Statement and other infomation before completing this form.
X EEOC 17C-2007-001 83
Delaware Department of Labor 5 ' and EEOC
Stale or local Agency, if any _
Name (indicate Mr., Ms., Mrs.) ‘ Home Phone (Incl. Area Code) Date of Birth
Mr. James K. Finney " (302) 377-6324 03-29-1986
Street Address ` Clty, State and ZIP Code
1110 Graylyn Road, Wilmington, DE 19803
Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe `
Discriminated Against Me or Others. (If more than two, list under PARTICULARS below.) `
Name No. Employees, Members Phone No. (IncIude'Area Code)
WACHOVIA 15 - 1 00 (302) 636-4307
Street Address City, State and ZIP Code
2701 Kirkwood Hwy, Newark, DE 19711 .
Name No. employees. Members Phone No. (Include Area Code)
Street Address City, State and ZIP Code
DISCRIMINATION BASED ON (Check appropriate box(es).) _ DATE(S) DISCRIMINATION TOOK PLACE
Earliest Latest
X RACE I COLOR X sex I;I RELIGION I;] NATIONAL ORIGIN 11.13.2006 11.13.2006
I -I RETALIATION I-_;I Ace EI oisrtattrrv III ornen (speary below.)
_ I-;] CONTINUING ACTION
I THE PARTICIA-.A—RS ARE (If additional paper ls needed, attach extra sheet(s)):
Jurisdiction:`Charging Party was employed at Respondent's Pennsylvania Branch #95086 and Delaware Branch it 95073 as a Teller since 6/05
I Charging Party's protected class: Race (Black), Gender (male)
Adverse employment action: Discipline, Harassment, Tem1s and Conditions of Employment, constructive Discharge
I Brief statement of allegations: Charging Party alleges that based on race and sex he was discriminated against when he was subjected to harassment
I different temls and conditions of employment and discipline by the Respondent. Specifically, Charging Party alleges that he found Assistant
MarIagerITeller (Jlll Altervolt-W/F) statement of "blte me" to be quite offensive. Additionally, on 9/29/06, Teller manager (Petra Rash—W/F), who is
I Charging Party supervisor, pressed her linger against Charging Party's forehead and said "use your headl". Moreever, Charging Party stated that on
I I 11/13/06 he was struck on the hand with a stack of papers by a white female co—worker (Nancy Valiante). Charging Party states that these acts have
been directed towards him for no reason and states that if he does make a mistake, he should not be subjected to these actions. Charging Party states
I that he reported the incidents to the Respondent specifically, (Mattie Owens in a recorded conversation and Gerri Doucherty W-F), Further, Charging
` Party states that at a later date during conversation Doucherty stated to him that the incidents were grounds for temlination but nothing was done.
I Furthemiore,`Charging Party alleges that his treatment continued with other acts of harassment specifically, by Petra Rash that Included Rash angrily
I throwing a copy of his notice of resignation onto his desk. Charging Party states that because of his race and being the only male Teller he was forced to
resign.
Respondent's explanation: None given
Applicable law(s): Title Vll of the Clvll Rights Act of 1964, Delaware Discrimination Employment Act
Comparators(s) or other specific reason(s) for alleging discrimination: Charging Party alleges that based on race and sex he was discriminated
against when his treatment by the Respondent was different then his similarly situated co-workers. Charging Party states after he made his complaints to
Doucherty but Doucherty during a meeting held on 12/6/06 only attempted to minimize the Impact of his treatment. Charging Party states after
approximately three weeks nothing was done and he was forced to resign. Additionally, Charging Party alleges that his treatment and Doucherty's actions
are a continuation of Respondents unwillingness to address gender/racially motivated treatment by his co-workers. Charging Party states that these
latest acts of Gender! racially motivated treatment are not the first acts of discrimination. Charging Party states that he was transferred by Doucherty from
Pennsylvania Branch 95086 because a co-worker had made racial comments towards him.
I want this charge med with both the EEOC and me State or local Agency, if any. I NOTARY — Wnan nanaaaary f¤rSlala and Local Agency Requirements
will advise the agencies ifl change my address or phone number and I will cooperate
fully with them in the processing of my charge in accordance with their procedures.
l swear or aftimrn that I have read the above charge and that lt ls true to
I declare under penalty of perjury that the above is true and correct. the best of my knowledge, information and belief.
SIGNATURE OF OOMPLAINANT
I ·- SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
Jan 22, 2007 , , ,, _r ro/I Q , lrnnntn. day. yaarl
Date , Charging arty Signature ‘