11/08/2011

Massachusetts Commission Against Discrimination

One Ashburton Place

Room 601

Attn: Chairman Julian T. Tynes

Boston, MA. 02108

Ref:  Open an investigation against Verizon Communication

To Whom It May Concern;

My name is Neal W. Dias, and I am responding to you in reference to the letter I wrote you.  My letter was requesting that your agency open a federal investigation into Verizon Equal Employment Opportunity Investigation practices.  Specifically against Verizon, Mr. Dennis Hogan (Verizon’s Equal Opportunity Employment Officer), and Mr. Paul McGovern (Verizon’s Equal Opportunity Employment Officer) for obstruction of justice, tampering with evidence, perjury,  falsifying documents and conspiring to ultimately terminate me.

I am a man who has stood up against racism, discrimination, bullying, harassment, a hostile environment, belittlement, threats, and retaliation, all while working for Verizon Communications.  I am a man who is trying to hold his family together while in the process of trying to fight for my rights to be heard.  I am a man who has brought up his family on morals, discipline, character, hard work, dedication and conviction to believe that good things happen to good people.  I am a man who could not be more proud of my family for all their trust and faith in my conviction.  I am man who is a proud servant in my community and deserves to be heard.

I am a U.S. Marine that was honorably discharged who understands the essence behind pride, honor and courage.  I am a man who believed at one point that color did not matter and to treat everyone with the utmost respect, up until I worked at Verizon.  I was then witness to the power of color in seeking justice and equality.

On August 22, 2011, I requested that you please open a local and possibly a national investigation into Verizon’s Equal Employment Opportunity and Verizon’s Corporate Security policies, procedures, and investigative practices into how Verizon’s EEO Complaints are handled – especially mine.  I also anticipate that you will investigate the cover-up into the Verizon Corporate Security investigation that I opened in June of 2008 that ultimately led to my wrongful termination, that I also believe was covered up as well.

You may state that I am over the 300 days to file a complaint, and you are correct, if indeed I was filing on direct issues from 2004-2008, which I have already done.  I have already filed with the Massachusetts Commission Against Discrimination / Equal Employment Opportunity Commission in 2007 and in 2008 (complaint numbers are below).  I pulled it out of the Massachusetts Commission Against Discrimination hands, due to the timely manner we had to file a civil suit in court.  I waited three years for the Massachusetts Commission Against Discrimination / Ms. Jeannine Rice and had no other choice, which I felt was a bit way too long, and still find quite questionable, even until today.

This new and separate complaint that I am filing, is asking you to have a look at those former complaints for your investigation as the evidence is within that timeframe leading up to March 30, 2011.  If I would have been informed of the new evidence that was brought to my attention prior to March 30, 2012, I would have come to you then, but that is not the situation.  All I know is that crimes have been committed, and I’m looking for justice.

My time limit to this new complaint is within the 300 days, as there have been consistent discrimination, harassment and lies from 2004 – 2011.  This in fact should be within my legal rights to open a Federal Investigation into the unethical EEO practices of Verizon, Mr. Dennis Hogan (Verizon’s Employment Opportunity Officer) and Mr. Paul McGovern (Verizon’s Employment Opportunity Officer).  The investigation that I am asking to open up was brought to my attention on March 30, 2011, less than 300 days and with my rights to request an investigation.

It was on March 30, 2011 that I was informed in depositions for the very first time that Verizon continued the discrimination against me, covered up a lot of crucial evidence, tampered with evidence, conspired to terminate me and lied to me, as I am certain it was based on my race and retaliation for filing EEO complaints.

Verizon, Mr. Dennis Hogan and Mr. Paul McGovern not only lied to me, but Verizon, Mr. Dennis Hogan and Mr. Paul McGovern lied to both The Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission during the investigation.  Verizon, Mr. Dennis Hogan and Mr. Paul McGovern did not tell MCAD /EEOC the truth.  Verizon, Mr. Dennis Hogan and Mr. Paul McGovern altered the evidence to mislead the investigation that MCAD / EEOC was performing.  They hampered the investigation causing me to be continually discriminated against, harassed, retaliated against and blackballed.

They lied on State and Federal Documents about an EEO investigation that I, in detail, requested them to open in February of 2005 in reference to racism, harassment, sabotaging of my work, retaliation, discrimination, threats to do bodily harm, creation of a hostile work environment, bullying, racial comments, racial jokes and racial comparisons that I was forced to endure by two Verizon managers during the 2004 year, and nothing was done but much was ignored.

Verizon, Mr. Dennis Hogan and Mr. Paul McGovern admitted having full knowledge of employing historically well known bullies and intending to keep them, and doing nothing about it.

This abuse continued because of the neglect to protect my Constitutional Rights as a minority citizen of this country, and perform a proper and unbiased investigation.  I was then tormented, racially targeted, retaliated against, harassed, bullied, and discriminated against.  The abuse continued for the remainder of my career at Verizon, until I was wrongfully discharged in November of 2008.

As you will see in the evidence I prepared for you, there were two other minority managers that were forced into silence after they advised Verizon management.  They too would be blackballed like me, if they went to Verizon EEO on a complaint.  I was used as the prime example of career destruction (for other minorities) as a result of retaliation for filing an EEO complaint within Verizon.  My name was brought up to these minority managers to silence them, and others.  Why? Because prior to my downfall, I was a well known successful minority manager on the rise to success within Verizon!  Verizon used my name, hoping these minorities would get the picture embedded into their minds, and halt their EEO complaints.

I requested Verizon’s EEO Department to please look into my claims, and open an investigation which was creating an overly exhausting hostile work environment for me.  A Mr. Paul McGovern (Verizon’s EEO Officer) was assigned to my case, back in 2005 (refer to exhibit #1)

Mr. Paul McGovern, advised me during the investigation that Verizon was investigating my complaint of racism, discrimination, harassment, sabotaging of my work, retaliation, threats to do bodily harm, creation of a hostile work environment, bullying, racial comments, racial jokes, racial comparisons, etc.  I advised Mr. McGovern that this treatment was in a directly related to my race.

I was under the assumption my case was being fully investigated, because I was advised by Mr. Paul McGovern, that he fully investigated my EEO complaints.  I was advised of this through emails and telephone calls.  Mr. Paul McGovern admits in the response letter to Verizon that it was several times (refer to exhibit #3).  But in depositions, he recanted that statement and was denying that he ever received anything else from me until my attorney confronted him with proof.

After waiting almost 2 years to the day of when I opened the initial investigation with Verizon’s Equal Employment Opportunity, I was then forced to move forward to the Massachusetts Commission Against Discrimination (refer to exhibit # 4-5).  Verizon and Mr. Paul McGovern stated that they were continuing to work on my EEO complaints over a 2 year timeline, but in fact, closed them out with no findings in 7 months.

In Verizon’s response letter to the Massachusetts Commission Against Discrimination, dated May 21, 2007, they stated that Verizon, Mr. Paul McGovern and a Mr. Dennis Hogan completed a full investigation into my claims.  Referring to exhibit number 6, second page, paragraph 3, Verizon states, “Dias maintains that Verizon EEO Manager Paul McGovern did not perform an adequate and timely investigation of Dias’ allegations against Benvie and Best.  This statement is false and the records show that McGovern performed a thorough and exhausting investigation that yielded ethical and managerial problems with the accused. Dias allegation of racial harassment could not be corroborated.  McGovern had enlisted the services of Verizon’s Security and Human Resources department to assist with investigating the allegations against the alleged violators Benvie and Best.

McGovern concluded his investigation and closed the charge out with Dias explaining that the Respondent had found no evidence of EEO violation but had substantiated Ethics complaints against the two alleged violators, Benvie and Best.  McGovern advised Dias although no action was to be taken based upon the EEO allegations the investigation had unearthed incidents of misconduct that would require further investigation of the individuals.  McGovern explained that statement that Dias had taken as a racial comment was actually used with Caucasian employees as well.  Benvie stated that “you’ll never be my equal.”  Benvie’s comments were meant to advise who ever he told that his years of service and experience made him superior to others.  This statement was used on all employees, management and union.  This was corroborated by McGovern during his previously stated, McGovern had involved the Respondent’s Human Resource Department and after thoroughly investigating all claims, action was taken against the two violators.  McGovern had kept Dias informed of the investigation steps throughout the whole process and each time Dias thanked McGovern for the follow-up communication.

The investigation yield that Benvie had a reputation of being a bully and an equal opportunity offender.  Race was not an issue with Benvie’s condescending and obnoxious behavior and inappropriate comments to almost everyone that he contacted with.  McGovern had substantiated complaints from Caucasian technicians concerning Benvie’s offensive management style.  Best simply had a foul mouth and did not differentiate between anyone with the manner in which she spoke.  The Company does simply not tolerate behavior like this.  Dias’ states in his claim with the Commission, that he never received a written report regarding the outcome of his complaint.  The Respondent explains during the course of the investigation that all interviews and outcomes are confidential and ask the participants to abide by the the confidentiality agreement as well.  A written report could potentially become public and compromise the confidentiality of the investigation and the involved parties as well.   

It is important to note that McGovern conveyed to Dias the investigation steps and results as they were unfolding and spoke to him on multiple occasions.  McGovern also kept Dias abreast of the allegations and steps that were occurring after McGovern concluded the EEO portion of the investigation.  McGovern had contacted Dias upon the conclusion of the Ethics investigation and assured Dias that the appropriate action was being administered to the two violators.  In fact, Dias thanked McGovern for keeping him informed of the investigation results in late 2006.”   

The first paragraph states it was in a timely manner, I beg to differ.  Exhibit 3 was a letter that I wrote to Verizon about Mr. Paul McGovern questioning the completion and the information about my investigation.  I was advised in depositions for the first time that Verizon and Mr. Paul McGovern closed my investigation in “7 months.”  Verizon and Mr. Paul McGovern kept stringing me along for almost 2 years, and never provided me with closure of the investigation.

I wrote Mr. McGovern a note once again, dated 2/27/2007.  I was looking for closure to my investigation, now on the brink of 2 years and counting, and still being led on (refer to exhibit #3).

Now I am requesting a full Federal Investigation into conspiracy, obstruction of justice, falsifying state and federal documents, tampering with evidence and the perjury of a Mr. Paul McGovern, Mr. Dennis Hogan and Verizon.

It was March 30, 2011 in depositions that I had come to learn for the first time, that Verizon and Mr. Paul McGovern never spoke to the two perpetrators that I specifically complained about in reference to EEO Violations and the Verizon Business Code of Conduct Violations, a “Mr. Malcome Benvie and Ms. Anne Best.”   They were in reference to my complaints of racism, discrimination, harassment, sabotaging of my work, retaliation, threats to do bodily harm, creation of a hostile work environment, bullying, racial comments, racial jokes and racial comparisons, etc.

Mr. McGovern, during the depositions on March of 2011, finally admitted under oath that he and Verizon “never spoke” to the two Verizon management employees in Brockton Massachusetts (Mr. Malcome Benvie and Ms. Anne Best), which contradicts Verizon, Mr. Dennis Hogan and Mr. Paul McGovern’s previous statements, testimony and response letters to MCAD / EEOC back in 2007 and 2008.

“Martin Luther King once said, “He who passively accepts evil is as much as involved in it as he who accepts to perpetrate it.  He, who accepts evil without protesting against it, is really cooperating with it.”

On November 15, 2011, CNN posted an article on the Penn State and Citadel scandal.  The heading said, “It’s a desire to protect their own.”  Sadly, that is true, as Kirk Hanson, executive director of the Markkula Center for Applied Ethics states, “I think this is a pattern which is not surprising.”   He goes on to say, “Institutions would like to find a reason that they don’t have to publicize their own failings….  Institutions too often substitute their own interest of the interest of the victims.  This is an institutional ethics problem, in general.”

Verizon’s intentional neglect to perform their investigation was direct violation of the Verizon Business Code of Conduct, and Federal and State Laws, which I believed protected my Human and Constitutional Rights.

Mr. McGovern stated in depositions that he closed out my case in 7 months, and never spoke to either Mr. Malcome Benvie or Ms. Anne Best about my complaints.  I was left to fend for myself as you will see from a depositions statement from Mr. Jim Fennell’s secretary, in an environment full of retaliation, bullying, racism and hostility for going forward on reporting EEO and Verizon Business Code of Conduct Violations and the neglect of my boss and director for not assisting me in the matter brought before each of them.

It was much later that they spoke to Mr. Malcome Benvie and Ms. Anne Best about my case during another investigation in Plymouth Massachusetts that involved them both once again.  It is fact that Mr. Malcome Benvie and Ms. Anne Best were bullies and Verizon owned up to that statement.  It is also a fact that another minority female manager and I were singled out by these two.  This evidence will be in the documents that you will read that I have provided to you.

Verizon stated, “That McGovern performed a thorough and exhausting investigation,” and that was now proven to be a lie.  I had questioned Verizon’s EEO investigation back in 2006, and I finally received proof on Mach 30th 2011, that it was indeed covered up and a lie. You can refer to the Massachusetts Commission Against Discrimination response letter dated 5/21/07 when they, in fact, admitted when I questioned Verizon’s investigation (refer to exhibit #6).

Verizon also stated that, “Dias allegation of racial harassment could not be corroborated.”   The reason my claims of racial harassment could not be corroborated was, because Verizon admitted in depositions on March 30, 2011, that they never spoke to the two Verizon managers that I claimed made racial statements towards me and other Verizon management employees, discriminated against me, harassed me, sabotaged my work, retaliation, threats to do bodily harm, creation of a hostile work environment, bullying, racial comments, racial jokes, racial comparisons, etc.

This is absolutely appalling, and I deserve justice.  I deserve a full investigation into this conspiracy that led to me not having an equal EEO investigation compared to my Caucasian peers, being blackballed, continued harassment and wrongful termination for doing what I was suppose to do, stop unethical and racial behavior in the workplace.

If indeed Mr. McGovern, Mr. Dennis Hogan and Verizon would have truly completed a “thorough and exhausting investigation,” like they stated they did on the response letter to the Massachusetts Commission Against Discrimination, they would have concluded that I was indeed subjected to racial torment, harassment, and discrimination based on my race – because of Mr. Malcome Benvie and Ms. Best.

Mr. McGovern, Mr. Dennis Hogan and Verizon had full control of ending the investigation and chose to protect the perpetrators, and Verizon’s reputation instead of the victims.  In the end I lost my position at Verizon trying to fight for justice as a minority.  I was blackballed for going to Verizon EEO, Verizon’s Corporate Security and externally seeking justice.  Verizon, Mr. Dennis Hogan and Mr. Paul McGovern (an attorney himself) were knowledgeable, educated, and were in the position to perform an investigation without prejudice or other influences, but chose the wrong and illegal path of injustice.

I believe Verizon obstructed justice, tampered with evidence, perjured themselves, falsified documents and conspiracy.  There is a possibility that Verizon broke other laws.

The investigation that I am requesting your agency to open against Verizon, Mr. Paul McGovern and Mr. Dennis Hogan is within the 300 days of the violation, March 30, 2011 as this was when it was brought to my full attention.

Verizon had the proof, the facts, the evidence and the perpetrators, but continued the cover-up of racist attacks, abusive behavior, discrimination, retaliation, harassment, bullying and unethical treatment that Verizon fully admitted having knowledge of.  Verizon chose to allow their employees to be forced to deal with this ongoing abuse, especially me.

The evidence and facts will also prove that Verizon in fact lied, perjured themselves, covered up pertinent and vital evidence that would ensure that I would have received justice and proved my case of racism, discrimination and harassment.  This was premeditated and conspired.

They had the means, and ability to investigate and uncover abusive behavior that I was forced to deal with – alone.  I was left unprotected, and was forced to fend for myself as an ethical minority manager, fighting for equality, respect and justice.

Don’t let what happened to Penn State, the Catholic Churches and other well kept secrets of poor judgments continue to happen at Verizon.  Stop the abuse from happening, please, and help me in holding Verizon, Mr. Dennis Hogan, and Mr. Paul McGovern accountable.

 “The only thing necessary for evil to triumph is for good men to do nothing.”

                                                                                                                  Edmund Burke

Sincerely yours,

Neal W. Dias

Fightingfor7years@hotmail.com

 

 

Massachusetts Commission Against Discrimination and Equal Employment Opportunity Commission Previous File Numbers:

2007 MCAD / EEOC – Docket Numbers:

  • MCAD Docket Number: 07BEM00589
  • EEOC / HUD: 16C-2007-00987

2008 MCAD / EEOC – Docket Numbers:

  • MCAD Docket Number: 08BEM03277
  • EEOC / HUD: 16-2009-00288

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

2010 UNITED STATES DISTRICT COURT FOR THE DISTRICT – Docket Number:

  • Docket Number: 10-CV-19496-NG

**If there is anything else you need from me, please do not hesitate to let me know.**

Sent with this letter:

  • Exhibit 1-U.S. Equal Employment Opportunity Commission Intake Questionnaire
  • Exhibit 2-Initial Verizon EEO Complaint dated 02/27/05
  • Exhibit 3-Email to Mr. Paul McGovern dated 02/27/07
  • Exhibit 4-Letter to Massachusetts Commission Against Discrimination
  • Exhibit 5-Letter of confirmation from Massachusetts Commission Against Discrimination dated 03/09/07
  • Exhibit 6-Response letter from Verizon to Massachusetts Commission Against Discrimination dated 05/21/07

o        MCAD Document Number: 07BEM00589

o        EEOC/HUD Federal Charge Number: 16C-2007-00987

  • Exhibit 7-My response to Massachusetts Commission Against Discrimination dated 06/14/07

o        MCAD Document Number: 07BEM00589

o        EEOC/HUD Federal Charge Number: 16C-2007-00987

  • Exhibit 8-Federal Depositions of a Mr. Paul McGovern, dated March 30, 2011.

o        No. 10-CV-10496.NG, Volume 1, Pages 1-183, Exhibits 1-7

  • Exhibit 9-My press release explaining my story.
  • Exhibit 10-Plaintiff’s motion to file documents under seal.

Verizon Business Code of Conduct:

How can I a good ethical manager who followed proper protocol when it came to reporting bad behavior from bad employees and perform well in the company, get terminated?

The business code of conduct states, “I was not supposed to be retaliated against and I was.”  I did all the right things for the company and my family and yet, I am torn.

Page 2 of the Verizon’s Business Code of Conduct – in the section “Discrimination or Harassment.  It states, “If you believe you are a victim or a witness of discrimination or harassment, you must report it to your supervisor or Human Resources Business Partner, or make a confidential complaint to the VZ Ethics and EEO Guideline.  You may also address the suspected discrimination or harassment directly with the person engaging in such conduct if you are comfortable doing so and you believe the conduct is unintentional.”

 

Page 3 of the Verizon’s Business Code of Conduct – in the section “Confidential Reporting and No Retaliation.  It states, “Reports and complaints will be kept confidential to the extent permitted by law and by the company’s need to properly investigate the situation.  Verizon prohibits retaliation against employees who, in good faith, submit or participate in the investigation of any complaints.  If you believe you or others are the subject of retaliation for reporting suspected misconduct or participating in an investigation, you must report the matter to the VZ Ethics and EEO Guideline or the Legal Department.

 

Page 4 of the Verizon’s Business Code of Conduct – in the section 1.2 “Discrimination and Harassment.  It states, “Verizon has a policy of zero tolerance for discrimination, sexual harassment or other unlawful harassment based on age, race, color, national origin, religion, gender, sexual orientation, disability or any other legally protected category under federal, state or local law.  Harassment includes but is not limited to, racist, sexist or ethnic comments. Jokes, gestures, or any action or statement creating an intimidating, hostile or offensive work environment.

 

Page 4 of the Verizon’s Business Code of Conduct – in the section 1.3 “Workplace Violence.  It states, “We all deserve to worm in an environment that is free from violence or hostility.  Verizon will not tolerate any threatening, hostile or abusive behavior by employees in the workplace while operating company vehicles or on company business, or by persons on company property, and will take immediate and appropriate action against offenders, up to and including termination and referral for criminal prosecution.  Damage of property is also prohibited.

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