As a Federal Contractor, Verizon does not practice what OFCCP and Section 503 preaches Verizon MUST provide disabled employees with a REASSIGNMENT, right OFCCP?
As a Federal Government Contractor, if Verizon violates Section 503, Verizon will be SHAMED, and OFCCP should INVESTIGATE and AUDIT
Section 12112 Disability Discrimination
(a) As a Federal Government Contractor, Verizon shall not discriminate against a qualified individual with a disability in regard to job retention
(b) As used in subsection (a), the term “discriminate against a qualified individual” includes —
5(A) not making reasonable accommodations to the known physical limitations of an otherwise qualified individual with a disability
(8) Qualified individual
The term “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or DESIRES.
(9) Reasonable accommodation
The term “reasonable accommodation” may include —
(B) REASSIGNMENT to a vacant position
As a Federal Government Contractor, Verizon’s AAP (Affirmative Action Plan) is written into each Verizon-CWA Collective Bargaining Agreement
To comply with OFCCP’s Affirmative Action Plan, the language of Verizon’s Collective Bargaining Agreements with CWA states: Verizon will publish SPVs. SPVs will be filled: (2) By transferring health impaired employees (like me, NY FBI?) who cannot, with reasonable accommodation, perform their current jobs, to lateral or downgrade positions.
VS
Verizon responded to MetLife (from May 6, 2011 to January 26, 2018): 1) Verizon cannot accommodate employee’s work restrictions 2) Employee can only Return To Work Full-Duty Full-Time
Verizon responded to US EEOC investigators (in 2015 and in 2021): Golden was not a qualified individual with a disability. The law does not require employers to accommodate disabled employees who cannot perform the essential functions of their jobs with or without a reasonable accommodation
Any procedures you are asked to follow cannot be used to prevent a timely accommodation from being provided or addressed.
If you believe you have experienced discrimination, contact OFCCP: www.dol.gov/ofccp
Verizon has received $5 BILLION in federal contracts since 5/6/2011, while agreeing to comply with the rules, regulations, and orders of the Secretary of Labor. But Verizon has refused to return me to work with a REASSIGNMENT to a vacant equal position since 5/6/2011, violating Section 503 (Naughty Naughty)
Verizon must notify the Communication Workers of America that Verizon is bound by the terms of Section 503, and shall not discriminate against employees with disabilities (like me, NY FBI?)
so
As a federal contractor, Verizon does not practice what OFCCP and Section 503 preaches (Naughty Naughty) If Verizon MUST provide a disabled employee with a REASSIGNMENT in a timely manner then Verizon has gotten away with violating Section 503 since 5/6/2011, right NY FBI and OFCCP and NY EEOC?
The standards used to determine whether a federal contractor violated 29 USC Sec. 793 shall be the standards applied under Title I of the Americans with Disabilities Act of 1990 (42 USC 12111 et seq.)
42 USC 12111(8) Qualified individual
The term “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
42 USC 12111(9) Reasonable accommodation
The term “reasonable accommodation” may include-
(B) reassignment to a vacant position
Section 12112 — Discrimination
(a) General rule
No covered entity shall discriminate against a qualified individual on the basis of disability
and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990, as such sections relate to employment.
Verizon’s law firms (in 2023, in 2021, and in 2015) cite old cases and falsely state: Golden could not perform the essential functions of his position so Golden was not a “qualified individual with a disability” + The ADA does not require employers to accommodate disabled employees who cannot perform the essential functions of their jobs = Verizon’s law firms did not learn from Midland Brake’s mistakes, right NY FBI?
Dear NY FBI, What’s everyone in Heaven watching? Dumb and Dumber
Dear NY FBI, What’s everyone in Heaven watching? Dumb and Dumber Verizon breached its CBAs with me from 2010–2024 so Verizon owes me $1 MILLION and a REASSIGNMENT to a lateral or downgrade position
If Verizon didn’t breach its CBAs with me from 2010–2024, then who would’ve blown the whistle on EEOC case dumping scandal (1965 — T imGolden) and Employer IME Doctor Bribery & Fraud, if not me, you NY FBI?
Verizon breached its CBAs with little old me (from 2010–2024): SPVs will be filled (2) By transferring health impaired employees who cannot, with reasonable accommodation, perform their current jobs, to lateral or downgrade positions + Verizon responded to US EEOC investigators (in 2015 and in 2021): The law does not require employers to accommodate disabled individuals who cannot perform the essential functions of their jobs with or without a reasonable accommodation = Sad Trombone + Verizon owes little old me $1,500,000 and a REASSIGNMENT to a vacant equal position, right NY FBI?
Dear NY FBI, Verizon owes me $1,500,000 and a REASSIGNMENT for violating its Collective Bargaining Agreements with little old me (from 2010 to 2018 to 2024)
SPVs will be filled (2) By transferring health impaired employees (like little old me?) who cannot, with reasonable accommodation, perform their current jobs, to lateral or downgrade positions VS Verizon responded to US EEOC investigators (in 2015 and in 2021): The law does not require employers to accommodate disabled individuals who cannot perform the essential functions of their jobs with or without a reasonable accommodation = Sad Trombone
EEOC has sent 3 MILLION No Reasonable Cause letters to victims of workplace harassment and discrimination (since 1965); I got 3!
Reagan & Bush & Obama & Trump & Biden slashed EEOC employees from 3,390 to 1,927 so Make the 28th Amendment law (in 2024): Extreme Vetting For All Candidates: MORONS Need Not Apply + IQ of 130 + POLYGRAPH + ACE A Competitive Exam + PSYCHOLOGICAL + Be pro-girl power +
Judge Abrams terminated my case Golden v Verizon (1:22-cv-05757) in error (on August 5, 2024) I requested a 45-day extension to amend my complaint (on August 1, 2024) to include: Verizon violated 18 USC §1001 (in 2015 and in 2021) when Verizon made false statements to US EEOC investigators and when Verizon concealed “material” facts that contradict Verizon’s false statements to US EEOC investigators; Breach of Contract: Verizon violated the Collective Bargaining Agreement Verizon Made With Me (Effective August 3, 2008 and Effective October 19, 2012 and Effective June 17, 2016); Fraudulent Representation; Fraudulent Inducement; Promissory Estoppel; Equitable Estoppel; Disparate Treatment; Hostile Work Environment, so what happened? SDNY Pro Se Intake Unit told me they’re backed up and didn’t log my request onto the docket until August 6, 2024 (Oops!)
CWA president Thomas Benedetto informed me that Verizon moved 20 employees to Verizon’s Tone and Mark Gang (from 2011–2021), so Verizon is guilty of Disparate Treatment, right NY FBI?
Dear Judge Ronnie Abrams, Verizon breached its contract with me (from 2010 to 2024): SPVs will be filled By transferring health impaired employees who cannot, with reasonable accommodation, perform their current jobs, to lateral or downgrade positions VS Verizon responded to US EEOC investigators (in 2015 and in 2021): Golden was not a qualified individual with a disability. The law does not require employers to accommodate disabled individuals who cannot perform the essential functions of their jobs with or without a reasonable accommodation
Dear NY FBI, Verizon CEO has been tracking his happiness on a scale from 1 to 10 (since 2009) so Verizon CEO should have been tracking my happiness on a scale from 1 to 10 (since 2009), right?
Dear NY FBI, Verizon lied to EEOC: Verizon offered Golden NUMEROUS Light-Duty positions AND Golden caused the breakdown in the ADA interactive process, not Verizon + Lying to EEOC is a federal crime under 18 USC §1001 + 18 USC §1001 has a 5-year statute of limitations = Be a doll and tell Verizon, “Walmart is selling VALID Return To Work/Light-Duty Offer letters
As of May 14, 2009, a Light-Duty Offer is NOT VALID unless it follows Subject Number 046–309: Letter Making a Bona Fide Offer of Employment (Page 26 of the NYS WCB Return To Work Program handbook) — Zachary S. Weiss chair NYS WCB
State of Idaho VALID Light-Duty Job Offer Form requires the claimant to read, sign, and date the Light-Duty Job Offer and either ACCEPT the job or DECLINE the job
US DOL Return To Work Light-Duty Job Offer must be in writing AND Include All the Essential Elements of a Job Offer
Canon 4A(4) This Canon generally prohibits a federal judge from mediating a state court matter, except in unusual circumstances (when a judge is mediating a federal matter that cannot be resolved effectively without addressing the related state court matter) — Code of Conduct for US Federal Judges (Effective March 12, 2019) so Golden v Verizon (1:22-cv-05757) https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
God Through Moses: Do not bear false witness + God Through 18 USC §1001: Making false statements to EEOC is a crime This includes falsifying documents, concealing evidence, or lying to investigators = Golden v Verizon https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
Verizon responded to EEOC: 1) Verizon offered Golden NUMEROUS positions which he rejected 2) Golden caused the breakdown in the ADA interactive process, not Verizon vs Dear NY FBI, MetLife, the administrator of Verizon’s Disability Plan, sent me my Disability Claim file (in March 2023) with all internal communications with Verizon decision-makers (from 2010–2018): 1) Verizon cannot accommodate employee’s work restrictions 2) Employee can only Return To Work Full-Duty Full-Time
According to my union CWA local 1104 President Thomas Benedetto: From 2011–2021, Verizon transferred 20 Verizon employees (for various reasons) to the position I requested + Verizon told MetLife year after year: Verizon cannot accommodate employee’s work restrictions Employee can only Return To Work Full-Duty Full-Time + Verizon responded to EEOC: 1) Verizon offered Golden NUMEROUS positions which he rejected 2) Golden caused the breakdown in the ADA interactive process, not Verizon
Lying to EEOC can be a punishable crime under 18 USC Section 1001 Lies can influence the decision of the decision-making body + Verizon responded to EEOC: Verizon offered Golden NUMEROUS positions which he rejected = Golden v Verizon https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
Lying to EEOC can be a punishable crime under 18 USC Section 1001 Verizon responded to EEOC (in 2015): Verizon offered Golden NUMEROUS positions which he rejected + Verizon responded to EEOC (in 2021): Verizon offered Golden MULTIPLE positions which he rejected = EEOC sent me No Reasonable Cause letters so Golden v Verizon https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
A lawyer who comes to know after the fact that a client has lied about a material issue in a deposition in a civil case must take reasonable remedial measures, starting by counseling the client to correct the testimony. If remonstration with the client is ineffective, then the lawyer must take additional remedial measures, including, if necessary, disclosure to the court.
Rules of Professional Conduct
Effective April 1, 2009, the New York Rules of Professional Conduct, in RPC 3.3 (a)(3), forbid a lawyer from offering or using known false evidence, and requires a lawyer to take reasonable remedial measures upon learning of past client false testimony.
If a lawyer, the lawyer’s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
Verizon owes me 14 years Back Pay and a REASSIGNMENT according to President Clinton, July 26, 2000, right NY FBI?
Verizon owes me 14 years Back Pay and a REASSIGNMENT according to US EEOC, September 3, 1996, right NY FBI?
Verizon owes me 14 years Back Pay and a REASSIGNMENT according to US EEOC, October 17, 2002, right NY FBI?
so Verizon refuses to participate in a Settlement Conference, why NY FBI?
Verizon owes me 14 years Back Pay AND a REASSIGNMENT — President Clinton signed Executive Order 13164 (on July 26, 2000): If an employee can no longer perform the essential function(s) of his or her position due to a disability, provide a REASSIGNMENT
Justice White (1985): Don’t suffer a wrong silently — redress it + Justice White (1985): Access to our civil courts is not an evil = Golden v Verizon (07/06/2022) https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
Verizon’s attorney responded to EEOC (in 2015): Verizon offered Mr Golden numerous positions which he rejected + Verizon‘s attorney responded to EEOC (in 2021): Verizon offered Mr Golden multiple positions which he rejected vs Verizon told MetLife (from 2011–2018): Verizon cannot accommodate employee’s work restrictions Employee can only Return To Work Full-Duty Full-Time = https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_4_1_truthfulness_in_statements_to_others/, right NY FBI?
The Continuing Violations Doctrine is a judicially created doctrine that allows courts to extend the time limit for discriminatory conduct that is ongoing + The doctrine allows plaintiffs in discrimination lawsuits to provide evidence of similar wrongful acts that occurred outside the statute of limitations if at least one similar act occurred within the statute = Golden_v_Verizon https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
Dr King: The arc of the moral universe bends towards justice + AG Holder: It bends towards justice because people pull it towards justice = Golden_v_Verizon https://pacermonitor.com/public/case/45174932/Golden_v_Verizon
Ben Zoma: The wise man/woman/plaintiff/defendant learns from all men/women/judges https://openweb.com/share/2ihJx3CpancQoMcoBMST9kMu59t… https://huffpost.com/entry/opinion-smith-obama-king_n_5a5903e0e4b04f3c55a252a4?hp_auth_done=1#comments
Dear NY FBI, Golden_v_Verizon + The continuing violation doctrine allows plaintiffs to sue for actions that occurred outside the applicable statute of limitations + The doctrine combines conduct from both inside and outside the limitations period into one violation that satisfies the statute of limitations + The statute of limitations begins to run not when the tortious conduct begins but when it ends (upon retirement) = God knows who’re complicit and who’re complacent
One year after Verizon’s safety handle detached from my Verizon truck, causing me to fall off the truck’s elevated platform on November 2, 2009, Five Verizon IME reports (in 2010) restricted my lifting and carrying and walking to no greater than 10-pounds.
1. Does everyone with an occupational injury have a
disability within the meaning of the ADA?
No. Even if an employee with an occupational injury
has a "disability" as defined by a workers' compensation statute,
s/he may not have a "disability" for ADA purposes.
The ADA defines "disability" as: (1) a physical or
mental impairment that substantially limits a major life
activity, (2) a record of such an impairment, or (3) being
regarded as having such an impairment.From 2011 to 2018, MetLife, the administrator of Verizon’s Disability Plan, requested reasonable accommodations for me dozens of times so Verizon decision-makers responded (year after year): Verizon cannot accommodate employee’s work restrictions. Employee can only Return To Work Full-Duty Full-Time.
RETURN TO WORK DECISIONS
13. May an employer require that an employee with a
disability-related occupational injury be able to return to "full
duty" before allowing him/her to return to work?
No. The term "full duty" may include marginal as well
as essential job functions or may mean performing job functions
without any accommodation. An employer may not require that an
employee with a disability-related occupational injury who can
perform essential functions be able to return to "full duty" if,
because of the disability, s/he is unable to perform marginal
functions of the position19 or requires a reasonable
accommodation that would not impose an undue hardship.In 2015 and in 2021, Verizon responded to NY EEOC: Mr. Golden was no longer qualified for his position as a FIOS Field Technician so his Charge of Disability Discrimination against Verizon should be dismissed.
vs
According to EEOC Enforcement Guidance (Sept 3, 1996): IF an employee can no longer perform the essential function(s) of her/his original position because of a disability-related occupational injury, THEN an employer MUST reassign her/him to an equivalent vacant position, for which s/he is qualified. IF no equivalent position exists, THEN the employee MUST be reassigned to a vacant lower position, for which s/he is qualified.
22. Must an employer reassign an employee who is no longer
able to perform the essential functions of his/her original
position, with or without a reasonable accommodation, because of
a disability-related occupational injury?
Yes. Where an employee can no longer perform the
essential functions of his/her original position, with or without
a reasonable accommodation, because of a disability-related
occupational injury, an employer must reassign him/her to an
equivalent vacant position for which s/he is qualified, absent
undue hardship.25 If no equivalent vacant position (in terms of
pay, status, etc.) exists, then the employee must be reassigned
to a lower graded position for which s/he is qualified, absent
undue hardship.Is an employer’s obligation to offer reassignment to a vacant position limited to those vacancies within an employee’s office, branch, agency, department, facility, personnel system (if the employer has more than a single personnel system), or geographical area?
No. This is true even if the employer has a policy prohibiting transfers from one office, branch, agency, department, facility, personnel system, or geographical area to another. The ADA contains no language limiting the obligation to reassign only to positions within an office, branch, agency, etc.(85) Rather, the extent to which an employer must search for a vacant position will be an issue of undue hardship.(86)If an employee is being reassigned to a different geographical area, the employee must pay for any relocation expenses unless the employer routinely pays such expenses when granting voluntary transfers to other employees
Dove: Write your own fairytale, and be your own hero vs Dear NY FBI, Right EEOC case dumping scandal (1965 — T imGolden) before God says, “Time’s Up!” “spirits! put your dolls (man and woman) down!”
once a court has determined that discrimination has occurred, it has the POWER as well as the DUTY to use any REMEDY to RIGHT the wrong done Moore v Townsend, 525 f2d 482, 485 (7th cir 1975) so https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
If DIRECT EVIDENCE of an intent to discriminate does exist, plaintiff (like me) may be able to prevail without proving all the elements so what’s good for HUD is good for EEOC, right NY FBI?
Dear NY FBI, The courts have recognized that it is often impossible to obtain DIRECT EVIDENCE of discriminatory motive vs MetLife gave me my Disability Claim file on 3/2/2023 (don’t tell Verizon) so Why did Verizon tell NY EEOC in 2014, 2015, 2021, 2022 that “Verizon offered Tim Golden numerous positions that he rejected” when Verizon told MetLife from 2011–2018 “Verizon cannot accommodate Tim Golden’s work restrictions Tim Golden can only RTW FTFD (Return To Work Full-Time Full-Duty)?
Dear NY FBI, In most cases, direct evidence of discrimination is not available, given that most employers do not openly admit that they discriminate vs MetLife gave me my Disability Claim file on 3/2/2023 (don’t tell Verizon) so Why did Verizon tell NY EEOC in 2014, 2015, 2021, 2022 that “Verizon offered Tim Golden numerous positions that he rejected” when Verizon told MetLife “Verizon cannot accommodate Tim Golden’s medical restrictions Tim Golden can only RTW FTFD (Return To Work Full-Time Full-Duty)?
Dear NY FBI, Evidence of discriminatory intent may be direct or circumstantial and may be found in statements by decision makers Direct proof of discriminatory intent is often unavailable so MetLife gave me my Disability Claim file on 3/2/2023 (don’t tell Verizon)
Dear NY FBI, why did Verizon tell NY EEOC in 2014, 2015, 2021, 2022 that “Verizon offered Tim Golden numerous Light-Duty positions that he rejected” when Verizon told MetLife “Verizon cannot accommodate Tim Golden’s medical restrictions Tim Golden can only RTW FTFD (Return To Work Full-Time Full-Duty)? p.s. MetLife gave me my Disability Claim file on 3/2/2023 (don’t tell Verizon)
Dear NY FBI, 14 years ago Today, on November 2, 2009, I was injured on-the-job at Verizon Today is November 2, 2023 Verizon never returned me to work with a reassignment to a vacant equal position or even a vacant lower position to accommodate my medical restriction of not lifting and walking with more than 10 pounds. Verizon never engaged me in the ADA interactive process so God knows WHO’RE complicit and WHO’RE complacent + Because Verizon failed to return me to work with a reasonable accommodation, Verizon has denied me $1,500,000 in salary + Because Verizon failed to return me to work for 5 of the last 10 years before I was forced to retire on January 26, 2018, Verizon Benefits SSDC says I do not qualify for Social Security Disability benefits of $3,000/month for 5 10/12 years or $200,000 in Social Security Disability benefits = https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
Dear NY FBI, 14 years ago Today, on November 2, 2009, I was injured on-the-job at Verizon Today is November 2, 2023 Verizon never returned me to work with a reassignment to a vacant equal position or even a vacant lower position to accommodate my medical restriction of not lifting and walking with more than 10 pounds. Verizon never engaged me in the ADA interactive process so God knows WHO’RE complicit and WHO’RE complacent + Because Verizon failed to return me to work with a reasonable accommodation, Verizon has denied me $1,500,000 in salary + Because Verizon failed to return me to work for 5 of the last 10 years before I was forced to retire on January 26, 2018, Verizon Benefits SSDC says I do not qualify for Social Security Disability benefits of $3,000/month for 5 10/12 years or $200,000 in Social Security Disability benefits = https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
Dear NY FBI, anyone who belongs to God does God’s will, while anyone who belongs to Satan refuses to do God’s will
Dear NY FBI, anyone who belongs to God rights wrongs, while anyone who belongs to Satan refuses to right wrongs
Jesus : anyone who does My Father’s will is My brother and My sister
Presidents + OMB + Congress = EEOC case dumping scandal (1965 — T imGolden), right NY FBI?
In 1980, Carter employed 3,390 EEOC employees vs
In 2021, Biden employed 1,927 EEOC employees
Carter employed 892 EEOC investigators (in 1980) vs Biden employed 442 EEOC investigators (in 2022)
Presidents + OMB + Congress = EEOC case dumping scandal (1965 — T imGolden), right NY FBI?
(unethical) presidents can cut regulatory efforts they disapprove of
(e.g. EEOC) and give a boost to those they favor (e.g. Pentagon)?
Q: is the federal budget process undemocratic?
A: si! oui! vai! hai! haan! jee! ja! yea! да! יא yo نعم فعلا nem fielaan
Fact: The OMB review process involves only career staff, top political appointees (PADs), the OMB director, and the president
Fact: OMB hearings are not open to the public
Fact: OMB calls no witnesses
Fact: OMB does not publish a formal report of the proceedings
Q: should not God be heard?
A: si! oui! vai! hai! haan! jee! ja! yea! да! יא yo نعم فعلا nem fielaan
Q: what happens when God is not heard?
A: didn’t God give me 3 dinosaurs [President(s) + OMB + Congress] to play with?
in other words
Golden v Verizon
Dear NY FBI, when JESUS returns will HE kick each devil’s fanny or will HE spank each devil’s fanny or both?
