Respondent Union Pacific Railroad Company ("Union Pacific"), submits this position statement in response to the discrimination charge filed by, Terry Scharfe ("Complainant"). The Complainant claims that Union Pacific discriminated against in retaliation for a prior complaint of harassment and on the basis of disability when he was discharged from his position as a Special Agent with the Union Pacific Police Department.
UNION PACIFIC RAILROAD COMPANY
Union Pacific, headquartered in Omaha, Nebraska, is the largest railroad network in the United States. It has more than 44,000 employees, more than 8,000 locomotives, and runs on 31,900 route-miles in 23 states west of Chicago and New Orleans.
The railroad's diversified business mix includes
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On March 11, 2015, Scharfe accessed a YouTube clip on his iPad and played it loudly at work. In the clip, a comedian named “Roz G” joked about differences between “Black people” and “White people” (including male-genitalia comparisons) and the virtues of prostitution, among other obscenities. She used the words “n- - - er“ to describe a black man and “p-- -y,” repeatedly, to describe female parts. Scharfe was trained on multiple occasions about the Union Pacific Zero Tolerance policy.
When Thomas Mengel, UP’s Director of Police Operations, learned of the incident, he immediately contacted Pete Jeyaram, UP’s Director of EEO Compliance . Together, Mengel and Jeyaram agreed the proper course was to dispatch George Slaats, UP’s Regional Police Director (based in Roseville, California—about 400 miles away) to Los Angeles for group training on UP’s EEO directives and one-on-one counseling with Scharfe concerning the YouTube incident. Scharfe received no formal discipline in connection with this
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The undersigned EEO Manager investigated the charges and interviewed Sherrod and Scharfe, who did not deny Sherrod’s allegations. Discipline was discussed with the Chief of Police Morrison. Scharfe was removed from active service pending a final discipline decision. The next day, Scharfe contacted UP’s Employee Assistance Program saying, “I have had three major incidents recently and now I believe I am going to be terminated”. Days later, Scharfe also claimed, for the first time, that he had developed PTSD from the accidental-discharge incident.
On or around April 20, Morrison and Mengel—in consultation with a UP attorney—decided to formally terminate Scharfe’s employment as a result of the cumulative events detailed above. Scharfe’s PTSD claim was neither discussed nor factored into the employment decision in any way. Scharfe’s dismissal was formally communicated to him via letter on April 27,
On Friday, 17 July 2015, at approximately 1400 hours, I, Officer Allison Bigham, was contacted by a Parks Services Supervisor, Andrew Jones, in regards to an associate who was reported to have their cell phone on them. Jones stated that Miller had already been told to put the phone in her locker; however, she was being uncooperative. After updating Sergeants Frank Long and Charles Drakeford on the situation, I was instructed to pick up the associate, Victoria Miller, and escort her to the South Carolina Interview Room in order to complete a compliance verification audit. I met with Andrew Jones who stated that he would help me find Miller because Park Services had no way to contact her. Upon entering Boomerang Bay, Jones and I were flagged
On 2/17/16 at approximately 8:30 P.M, Shift Supervisor (S/S) Enmanuel Cabrera was notified by Safety Specialist Matthew Marsicano that IH services associate Elizabeth Andrisoqie was asked to be removed by IH services Project Manager (P/M) Courtney Berger via cell phone. Upon arrival, S/S Cabrera spoke with IH services associate Elizabeth Andrisoqie and advised her that IHS P/M Berger asked for her removal. At this time, IH services associate Elizabeth Andrisoqie refused to leave. After, S/S Cabrera advised IH services associate Elizabeth Andrisoqie, that her refusal to leave the premises forces security to contact the State Police for trespassing. Then at 8:35 P.M, S/S Cabrera called GSCC and asked to speak with the On Call Loss Prevention
Message 1: In regards to the situation at our Anderson location where the GM terminated two employees without providing a reason for discharge, the company may be at risk for a wrongful termination discharge lawsuit. The risk will increase if the GM is not able to provide sufficient documentation or other evidence of the appropriate reason for his decision. The GM choose to exercise
On Friday 09/16/2016 at 2300 hours, Security Officer Michelle Gallegos was badging visitors in the E.D. Lobby when the sister of a patient in E.D. # 32 lunged over the counter, knocking down a computer screen and a cup of water, then striking Officer Gallegos in her left arm. Security Officer (SO) Omar Alonso, was inside the E.D. Security Office, and responded immediately verbally instructing the visitor that police were going to be notified and that she needed to leave property immediately, and he also called Dispatch for immediate assistance. The female visitor was with 5 other females and her mother so they all followed Officer Alonso, outside of the E.D. Lobby. They were screaming and hollering that they were being treated disrespectfully by the badging officer who would not let them go back and visit her sister. Security Officers Ariel Weiland, Demetrio Flores, and Supervisor Steven Evans all responded by 2303 hours and helped to keep all 6 visitors outside while SO Alonso, conducted an investigation into the visitor’s allegations that they were being unfairly treated and were given erroneous information. He spoke to the nurse that Officer Gallegos spoke to when she needed information on the patient and permission for visitors to be given a pass to visit. Nurse Kurt Carr stated to him that the patient, Desarae
At approximately 1040 hours, on 27-Jul-15, site security was dispatched by POC to attend Acute 3 for Domestic Dispute. The writer, S/O P.Jo, S/O A.Toor and S/O M.Moradi responded to the call and upon arrival the officers met with one of the clinical staff members, who informed the officers that a lady walked into the unit with two kids, one of the kids was about five year old and the other one was in stroller. The lady told the staff member that someone has been following her for three blocks and they need to call RCMP. After telling this the lady walked into the washroom with her kids, the clinical staffs ran after her and asked her to come out, but she didn’t listen and slammed the door on her face.
At this time, Supervisor Carlock had met up with us on Bold Springs Rd. near Station 8. He pulled behind our unit and I stopped also. Upon feeling our unit stop, Paramedic Kennedy shouted “WHAT ARE YOU DOING? I SAID DON’T STOP!” Due to darkness and all of the flashing lights, I could not tell if Supervisor Carlock was standing outside of his vehicle, so I proceeded to drive to the hospital. I called supervisor Carlock and advised him what Paramedic Kennedy told me to do, and he answered 10-4.
The EEOC also administers and enforces the civil rights laws. The EEOC provides programs to prevent discrimination before it begins through programs such as education and outreach programs. They have the responsibility to provide guidance in all aspects of federal government equal employment opportunity program by assuring the compliance with EEOC regulations and providing. The role of the investigation is to fairly and accurately assess the claims and then make a verdict. If there was a positive discrimination case has happened, the EEOC will try to settle the charge, if not the EEO has the authority to file a lawsuit to defend the rights of individuals and the welfare of the public. If there is no case of discrimination, there will not be
On Saturday 10/26/2016 at approximately 2328 hours, Security Officers Christopher Paz, Ariel Weiland, Omar Alonso along with Supervisor Steven Evans were dispatched to the EMS Off load Ramp for an incoming (51S) Patient Standby In E.D. Upon arrival at 2328 hours Security met with E.D. Charge Nurse Johnathan Bacal who stated that there was a combative male patient being transported by the Orange County Fire Department. At 2330 hours, the patient, Alan Castillo (DOB: 08/03/84; Fin #86501337) was brought by Orange County EMS (Engine #83) with an escort from Orange County Sheriff's Deputy. He had been combative on the way in and kept stating that he wanted to leave. He was rapidly taken to the Special Care Unit, E.D. room #38 but once inside the
In the final analysis, this investigator was unable to substantiate the allegation that an officer used racial slur on another officer. It could not as well provide a conclusive result of the incident of October 4, 2017 in which Offender Taylor claimed was an assault on him but which staff insists was a use of force necessitated by offender hostility towards staff. Ms Samaan should be assured that a fact finding is been initiated in relation to the use of force and as soon as the finding is concluded, she will be briefed on the
The Aggrieved stated he received a Notice of Suspension for five work days for being Absence without Leave (AWOL) and failure to request leave with procedures by Area Manager Victor Cruz. The Aggrieved stated that his first line supervisor Margie Steward has been harassing, belittling and intimidating him since she became his supervisor. He said he took leave to care for a family member who became sick and he called in everyday he was absence. The Aggrieved said he reported the mistreatment by his supervisor to Mr. Cruz but he would ignore his repeated emails and phone calls. The Aggrieved stated he is the only African American in his work center and he is the only one who receives the unfair treatment by his supervisor Ms. Steward. The
Even though Officer Nathan is capable of being a productive COII at YKCC, he has demonstrated a ghastly view of on-time attendance (possible abuse of leave). During his 9-26-15 thru
Racism is defined as prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's own race is superior. In the workforce, the issue of racism and discrimination has been brought to the center of conversations around the world. Companies claim to be “colorblind” and not hire somebody based on their race or gender, but the employment rates among minorities and women around the world is significantly lower than the majority in the given country. There is also the growing issue of minorities, such as blacks in america, making significantly less money than whites. This issue affects people all around the world who happen
While the world has unanimously advanced and is more accepting of change, the workplace continues to be a place of discrimination, prejudice and inequality. Discrimination is broadly defined to ‘distinguish unfavourably’, isolate; and is context based (Pagura, 2012). Abrahams (1991) described the workplace as an ‘inhospitable place’ where gender disparity and wage gaps persist (Stamarski & Son Hing, 2015). Among other states and countries, the Australian government actively implements and passes laws to protect and maintain equal employment rights. While the objective of these laws is ‘to eliminate discrimination,’ the regulatory mechanisms in the legislation are largely ineffective at achieving this ultimate goal (Smith, 2008). However,
The Union Pacific Corporation is one of the largest rail transportation companies. The works of the company range from shipping goods such as farming, automotive and biochemical goods. UPC transports from all key routes of the West Coast and Gulf Coast ports to Eastern entryways, which also is connected with Canada’s rail systems and other major entrances to Mexico.
When a person is discriminated against their race, gender, and age. This is some of the most evident forms of discrimination. I believe the most qualified person should receive the job, regardless of race or ethnicity. When employers disrupt workplace discrimination, legally they can be sued by the person or persons and receive bad publicity. When a employee hurts from unfair treatment due to their race and religion. Proving discrimination is difficult as is can occur in a number of work-related areas, during your initial hiring phase, during training or even after you get the job and have to participate in job evaluations. As far as ethnicity goes, Americans come in every color, shape, and size and a successful business is one that understands