Dear Judge Ronnie Abrams, Verizon breached its contract with me (from 2012 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?
There are giant branches hanging over the SOB in Seaford so before a giant branch falls onto the windshield of a passing school bus or police car prune them, right NY FBI?
Joe & Jill Biden made $22 MILLION (from 1998 to 2019) + Joe & Jill Biden get $4,555 a month in Social Security = To save Social Security, take Social Security away from the rich old Christians, right NY FBI?
JESUS and the rich young man vs JESUS and the rich old Christians
JESUS and the rich young man vs JESUS and the rich old Christians
EEOCgate: Uncle Sham slashed EEOC’s workforce from 3,390 (in 1980) to 1,927 (in 2021) so where’s SCOTUS, NY FBI?
EEOCgate: Nixon employed 2,416 EEOC employees (in 1974) vs Trump employed 1,968 EEOC employees (in 2018) so Dear NY FBI,
History of Bowling vs History of EEOC case dumping scandal (1965 — T imGolden)
Americans love voting for presidential candidates who are dumber than themselves so 28th Amendment: All presidential candidates must pass many Tests: GPA of A + Polygraph + Ethics + IQ + History + Critical Thinking + Psychological + Money Management +
Verizon will provide reasonable accommodations to enable an employee with a disability to perform the essential functions of a position that he/she holds or seeks (Promises, Promises)
To: Director Ronald L Davis | US Marshals Service I have been waiting 240 Days and 240 Nights for US Marshals to serve Verizon Verizon is 8/10 mile away Golden v Verizon (1:22-cv-05757) There should be a tracking system for US Marshals deliveries (Summonses & Complaints) There are tracking systems for Home Depot deliveries and Amazon deliveries; it is 2023!
Civil Process
The U.S. Marshals Service is primarily responsible for the service of civil process. If service of civil process can more easily be effected by someone other than U.S. Marshals Service personnel, the court or the U.S. Attorney may appoint or approve an alternative server.
Verizon will provide reasonable accommodations to enable an employee with a disability to perform the essential functions of a position that he/she holds or seeks (Promises, Promises)
Verizon will provide reasonable accommodations to enable an employee with a disability to perform the essential functions of a position that he/she holds or desires (Promises, Promises)
From 2010–2018, Verizon never offered me a reassignment to a vacant equal position or a vacant lower position (even though it is the law)
From 2010–2018, Verizon never engaged me in the ADA interactive process (even though it is the law)
Judge Ronnie Abrams and Judge Jennifer Willis and I have been waiting 160 Days and 160 Nights for the US Marshals to serve Verizon so Dear NY FBI, tell the US Marshals to create a tracking system for US Marshals deliveries [Complaints and Summonses]
Judge Ronnie Abrams and Judge Jennifer Willis and I have been waiting 160 Days and 160 Nights for the US Marshals to serve Verizon so Dear NY FBI, tell the US Marshals to create a tracking system for US Marshals deliveries [Complaints and Summonses]
To: Judge Ronnie Abrams You and I have been waiting 120 Days and 120 Nights for the US Marshals to serve Verizon Verizon is 3 miles away Order the US Marshals to create a tracking system for US Marshals deliveries [Complaints and Summonses]
Verizon and Sedgwick Claims’ IME Moriarty wrote: This claimant is bizarre He was reading a Torah with a large magnifying glass
There is a surveillance report: On July 18, 2011, the claimant drove to a medical building while carrying a stack of papers
Dear NY FBI, did Verizon or Sedgwick Claims or NYS WCB chair Beloten or NYS Department of Health OPMC do anything at all to discipline Verizon’s IME Moriarty because physicians must not submit false or malicious reports. The New York State Health Department’s Office of Professional Medical Conduct (OPMC) and the state Board for Professional Medical Conduct (board) are responsible for investigating and adjudicating complaints against physicians.
Dear NY FBI, Verizon failed to return me to work after receiving their orthopedic IME Moriarty report. How much did Verizon pay for their orthopedic IME Moriarty report? Verizon never offered me a Reassignment to a vacant equal position or a vacant lower position to appropriately and effectively accommodate my work restriction of not lifting and carrying more than 10 pounds which would include Verizon’s 28 ft 74 pound ladders.
Dear NY FBI, did Verizon and Sedgwick Claims pay yet for their orthopedic IME Moriarty’s report about me This claimant is bizarre I saw the claimant reading a Torah with a large magnifying glass
He carried numerous religious books He suffers from a severe psychiatric/psychological disorder He frightened myself and my office staff
+
There is a surveillance report. On 7/18/2011, the claimanT drove to a medical building [orthopedic IME Moriarty] while carrying a stack of papers.
I saw the claimanT reading The Torah with a large magnifying glass
— orthopedic IME Moriarty, July 18, 2011
claimanT is bizarre — orthopedic IME Moriarty, July 18, 2011
claimanT suffers from a severe psychological disorder
— orthopedic IME Moriarty, July 18, 2011
do not resend claimanT. He frightened myself and my office staff
— orthopedic IME Moriarty, July 18, 2011
=
How do you like them apples! p.s. “take a bite!”
+
+
+
+
+
+
+
+
+
+
+
+
p.s.
chew! chew! [eat God’s Mail]
and
do! do! [exorcise (right wrongs)]
+
Q1: would y’all FBI call God’s Mail a stack of papers?
Q2: Dear NY FBI, do you remember the time I fed you God’s Mail?
Q3: did Verizon or Verizon’s carrier, Sedgwick Claims, pay for that surveillance report?
+
+
+
p.p.s.
sip! sip! [drink God’s T orah]
+
vs
p.p.p.s.
y’all [legislators, lawyers, judges] better start righting before God says, “Time’s Up!” “spirits! put your man and woman (pencils) down!”
p.p.p.p.s.
Dear NY FBI, I have been waiting 110 Days and 110 Nights for the US Marshals to serve Verizon Verizon is only 3 miles away Golden_v_Verizon (1:22-cv-05757)
Dear NY FBI, tell the US Marshals to create a tracking system for US Marshals deliveries [Complaints and Summonses] before God says, “Time’s Up!” “spirits! put your man and woman (dolls) down!”
Dear NY FBI, why have I been waiting 100 Days and 100 Nights for the US Marshals to serve Verizon if Verizon is only 3 miles away Golden_v_Verizon (1:22-cv-05757)
LETTER addressed to Judge Ronnie Abrams from Timothy Golden, dated 10/28/22 re: “REQUEST FOR THE COURT TO ORDER THE US MARSHALS SERVICE TO CREATE A TRACKING SYSTEM FOR US MARSHALS DELIVERIES [COMPLAINTS & SUMMONSES]”
Without a tracking system, federal judges, like yourself, and plaintiffs, like myself, are kept in the dark. A tracking system will make the U.S. Marshals Service more transparent and more accountable. Document filed by Timothy J. Golden.(sc)
To: Director Ronald L Davis | US Marshals Service Judge Ronnie Abrams and I have been waiting 90 Days and 90 Nights for US Marshals to serve Verizon Verizon is 3 miles away Golden v Verizon (1:22-cv-05757) There should be a tracking system for US Marshals deliveries (Summonses) There are tracking systems for Home Depot deliveries and Amazon deliveries; it is 2022!
There should be a tracking system for US Marshals deliveries (Summonses) There are tracking systems for Home Depot deliveries and Amazon deliveries Judge Ronnie Abrams and I have been waiting 90 Days and 90 Nights for US Marshals to serve Verizon Verizon is 3 miles away Golden v. Verizon (1:22-cv-05757)
Dear NY FBI, why isn’t there a tracking system for US Marshals deliveries (Summonses) if there are tracking systems for Home Depot deliveries and Amazon deliveries; it is 2022!
Dear NY FBI, why have I been waiting 90 Days and 90 Nights for the US Marshals to serve Verizon Verizon is only 3 miles away Golden_v_Verizon (1:22-cv-05757)
Dear NY FBI, Courts should isolate the cause of the breakdown in the ADA interactive process and assign responsibility, right?
Dear NY FBI, the employee does not have the burden of identifying all available open positions without the employer’s assistance
Golden_v_Verizon (2022)
An employer may not simply object to the proposed reasonable accommodations identified by the employee; the employer must also attempt to identify reasonable accommodations
Golden_v_Verizon (2022)
Name that case: The Plaintiff was injured on the job and could no longer perform the essential function of his current position at Verizon as a FIOS Field Technician. 5 Verizon IME reports restricted his lifting to 10-pounds, so he could not lift Verizon’s 74-pound ladder daily, so why didn’t Verizon offer the Plaintiff a reassignment to a vacant equal position or even a vacant lower position (from 2010 to 2018), NY FBI?
Dear NY FBI, why didn’t Verizon offer me a reassignment to a vacant equal position or a vacant lower position from 2010 to 2018 if it’s the law?
Dear NY FBI, because Verizon didn’t offer me a reassignment to a vacant equal position or a vacant lower position from 2010 to 2018, Social Security Administration says I do not qualify for SSA disability benefits.
Dear NY FBI, Verizon’s failure to engage little old me in the ADA interactive process (from 2010 to 2018) resulted in Verizon’s failure to identify an appropriate accommodation for little old me, so will Verizon ever learn before God says, “Time’s Up!” “spirits! put your man and woman (dolls) down!”?
Taylor v Phoenixville SD (1999) VS Golden v Verizon (2022)
We would add the employer had ample time to seek legal advice on its obligation to provide reasonable accommodations
Fedro v Reno VS Golden_v_Verizon
In 1989, reassignment to a vacant equal position was not the law VS In 1990, reassignment to a vacant equal position is the law
Before the ADA of 1990, the US Marshals was not required to consider Fedro for vacant positions for which he did not apply
After the ADA of 1990, the US Marshals is required to consider Fedro for vacant equal positions and for vacant lower positions for which he did not apply
A temporary position is not a reasonable accommodation Reassignment to a vacant position is a reasonable accommodation, right NY FBI?
It is undisputed that both parties understood early on that he was unlikely ever to be able to return to his current position as a Verizon FIOS Field Technician In 2010, 5 Verizon IME reports restricted his lifting to 10 pounds At that point, the focus should have turned to a reassignment to a vacant equal position or a vacant lower position, right NY FBI?
Reassignment means the employee gets the vacant equal position or the vacant lower position if he is qualified, right NY FBI?
The core word ‘assign’ implies active effort on the employer’s part, right NY FBI?
“reassignment to a vacant position” (76) must be provided to an employee who can no longer perform the essential functions of his/her current position because of a disability, right NY FBI?
reassignment to a vacant position is not limited to those vacancies within an employee’s office, branch, agency, department, facility, personnel system, or geographical area, right NY FBI?
Name that case: The Plaintiff was injured on the job and could no longer perform the essential function of his current position at Verizon as a FIOS Field Technician. Verizon’s IME doctors restricted his lifting to 10 pounds so he could not lift Verizon’s 74 pound ladder daily so why didn’t Verizon offer the Plaintiff a reassignment to a vacant equal position or even a vacant lower position (from 2010 to 2018), NY FBI?
Dear NY FBI, why didn’t Verizon offer me a reassignment to a vacant equal position or a vacant lower position from 2010 to 2018 if it’s the law?
Dear NY FBI, because Verizon didn’t offer me a reassignment to a vacant equal position or a vacant lower position from 2010 to 2018, Social Security Administration says I do not qualify for SSA disability benefits.
Dear NY FBI, Verizon’s failure to engage little old me in the ADA interactive process (from 2010 to 2018) resulted in Verizon’s failure to identify an appropriate accommodation for little old me, so will Verizon ever learn before God says, “Time’s Up!” “spirits! put your man and woman (dolls) down!”?
The Clerk of the Court for the SDNY hand delivered my Complaint and the Summons to the US Marshals on 07/25/2022 at 11:33 AM so why have I been waiting 50 Days and 50 Nights for the US Marshals to serve Verizon God’s Mail, NY FBI?
https://www.pacermonitor.com/public/case/45174932/Golden_v_Verizon
Dear NY FBI, I fed Biden’s EEOC God’s Mail and then Biden’s EEOC choked:
NY EEOC sent me ANOTHER ‘no reasonable cause’ letter on 4/7/2022
I fed Obama’s EEOC God’s Mail and then Obama’s EEOC choked:
NY EEOC sent me a ‘no reasonable cause’ letter (duh!)
NY EEOC never interviewed me (complainanT/Taxpayer)
NY EEOC never interviewed my witness (Dr. Lippe)
NY EEOC never interviewed my witness (CWA 1104)
NY EEOC never interviewed my witness (MetLife Disability)
NY EEOC never amended my disability discrimination complainT
or
I fed NY EEOC their own words
I fed NY EEOC God’s Words
On November 2, 2009 the handle attached to my Verizon bucket truck broke causing me to fall off elevated platform and into road causing injuries to my back my neck my shoulder
On July 6, 2011 Verizon paid $20 Million To Settle The Largest Workplace Disability Discrimination Lawsuit In History — EEOC found that Verizon failed to offer hundreds of injured/ill workers reasonable accommodations
On March 28, 2013 NYS WCALJudge Robert Anderson wrote, “The claimant is classified as having a Permanent Partial Disability (PPD). Claimant has an Associate Degree in Telecommunications. Claimant’s degree qualifies the claimant to do inside work and outside work at Verizon with restrictions.
my terrestrial degree
my Next Step Program certificate
On May 28, 2013 NYS WCB chair Beloten wrote, “Insurance carriers are reminded of their obligation to offer a Section 32 Agreement to settle compensation and other benefits due to the claimant within 6 months of a PPD classification.
so
why have I, claimanT, been waiting 6 years for Verizon’s carrier, Sedgwick Claims, to offer me my NYS Workers’ Compensation Section 32 agreement?
On July 17, 2014 Verizon/CWA Third Party IME Dr. Aprin wrote, “The claimant could have returned to work with restrictions”
On July 28, 2014 Verizon told MetLife, “Verizon could not accommodate Mr. Golden’s work restrictions”
On May 22, 2015 Orlin & Cohen wrote, “Mr. Golden is being treated under Dr. Lippe’s care for injuries sustained due to his employment with Verizon. This letter is to serve as confirmation, that under no circumstance has Verizon had any discussion with Dr. Robert Lippe, or any staff member, regarding Mr. Timothy Golden’s ability to return to work at a different capacity.”
On May 15, 2015 EEOC gave me Verizon’s attorney’s response (to my workplace disability discrimination complaint): a review of the facts demonstrates that it is Mr. Golden’s own conduct that caused a breakdown of the mandatory ADA interactive process, not Verizon’s.
On May 28, 2015 I fed EEOC more information and more evidence: The court found that “regardless of how the company’s rigorous process was supposed to work — there was little or no effort to come up with any sort of accommodation that would allow the employee to return to work.”
On June 9, 2015 EEOC investigator Roxanne Zygmund and EEOC District Director Kevin J. Berry signed off on and mailed me one of EEOC’s ‘no reasonable cause’ letters
I fed NY EEOC 10 faxes
I fed NY EEOC 7 USPS green cards
On 7/10/2015 I filed a written complainT with EEOC Director OFM; who taped a note to my USPS green card?
As of 8/16/2019 EEOC Director OFM has never written ‘me back’
On May 24, 2016 MetLife Disability unit leader Kathleen D. Pencz wrote, “MetLife has reached out to Verizon [many times] to inquire as to whether Verizon was able to accommodate your return to work with restrictions. No subsequent communications were ever received from Verizon.
NY EEOC never interviewed me [HE HE HE]
NY EEOC never interviewed my wiTness (Dr. Lippe)
NY EEOC never interviewed my wiTness (CWA union 1104)
NY EEOC never interviewed my wiTness (MetLife Disability)
in other words
Obama’s EEOC signed off on 587,032 ‘no reasonable cause’ letters (from 2009–2017); I got ONE!
OBAMA: there’s going to be somebody who is going to stand up
for you and your family. And I want to let all of you know that
Title VII enforcement by EEOC had been feeble for(e!) 50 years
due to under-staffing by President(s) + OMB + Congress (duh!)
Q: is under-staffing EEOC pro-girl power or anti-girl power?
Q: are y’all [President(s) + OMB + Congress] civil rights champs or chumps?
Q: aren’t y’all [President(s) + OMB + Congress] 3 stooges?
iF y’all [President(s) + OMB + Congress] are 3 stooges then aren’t y’all 3 dinosaurs?
+
+
+
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SCOTUS! do you see any men of God on The Commission?
+
EEOC Budget and Staffing History 1980 to Present
+
or
History of EEOC (1965 — T imGolden)
Sworn in on 2 June 1965, and with one month to start the historic
civil rights law enforcement agency from scratch, Roosevelt excused himself
for(e!) a week of yachting. Two months later,
“when Congress was considering the next fiscal year’s budget
for(e!) the EEOC, Roosevelt was off sailing again,”
+
Thirty days before Enforcement Day, the EEOC had
no leadership, no staff, and no office.
The U.S. Commission on Civil Rights has stated that
“[o]n the date Title VII became effective, EEOC had only
a skeletal organization and staff and no operational procedures.”
+
EEOC’s budget for fiscal year 1966 was $2.75 million; negotiated while
EEOC chairman Franklin D. Roosevelt, Jr. was off (not golfing) yachting
(putting [gimme] [gimme] [gimme] EEOC below the Office of Coal Research
+
“If we don’t deliver then the EEOC is just a shell and a sham.’’ — EEOC chairman Clarence Thomas
vs
p.s.
U.S. Department of Justice,
Q: did EEOC Chairman Clarence Thomas ever rectify Ms. Bruner’s demotion?
+
TimboGolden Jan 1, 2016
+
+
Clinton’s EEOC vs Bush’s EEOC vs Obama’s EEOC vs Trump’s EEOC
A: The EEOC also is not a high priority of President Clinton.
While he (Clinton) has proposed raising the agency’s budget
to $268 million next year,
1) he didn’t get a chairman installed for nearly 21 months
and
2) he waited two full years before nominating a new prosecutor
for the commission (the EEOC).
p.s.
Trust but Verify
p.p.s.
+
Q: did not EEOC chairman Gilbert Casellas say
1) he has not met privately with President Clinton
since his confirmation (16 months ago)
2) the White House has not returned his telephone calls.
3) “Nobody gives a crap about us,” Ca\sellas said.
(google it! vs duckduckgo it! vs yahoo! it vs aol it! vs bing it! vs wing it?)
p.s.
Trust but Verify
p.p.s.
+
Obama Promises Change For America
“On Nov. 4, we must stand up and say: Eight is enough.”
— U.S. Senator Barack Obama, DNC
August 28, 2008
vs
1) From 2001 to 2008,
EEOC lost 25% of its workforce and 271 front line investigators
— Gabriel le Martin, President of the National Council of EEOC Locals
November 19, 2009
2) Barack Obama and Joe Biden will fully fund and increase staffing for EEOC
=
3) EEOC case dumping scandal (1965 — T imGolden)
_______________________
U.S. Department of Justice,
Fact: 50 million more Americans are working in 2016 than in 1982
Fact: In 1982, U.S. population was 231 million
Fact: in 2016, U.S. population was 322 million
Fact: in 1982, Congress approved EEOC staffing for 3,700
Fact: In 2016, Congress approved EEOC staffing for 2,250 ?
Fact: EEOC receives 100,000 complainTs/yr
Fact: EEOC employs only 666 investigators
Fact: 666 EEOC investigators can’t investigate “in good faith”
100,000 complainTs/yr
Q: how many investigators would it take to investigate “in good faith”
100,000 complainTs/yr?
A: 50 states * 100 investigators/state = 5000 EEOC investigators (duh!)
p.s.
Trust but Verify
p.p.s.
p.p.p.s.
FRAUD! FRAUD! FRAUD! on y’all [President(s) + OMB + Congress]
or
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Fact: I gave NY EEOC (500 pages!) 10 faxes+7 overnight deliveries
+
7 overnight deliveries +medium.com
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NCD’s findings reveal that while each [Republican or Democratic] Administration has asserted its support for US with disabilities,
EEOC has been chronically ‘under-funded and under-staffed’ (duh!)
+
Clinton failed, Bush failed, and Obama failed. I won’t fail.” — Trump
vs
EEOC case dumping scandal (1965 — T imGolden)
If it is the end of the quarter, or the end of the fiscal year,
EEOC offices dump cases. — Gabriel le Martin
U.S. Department of Justice,
According to Rachel Shonfield, AFGE Local 3599, the EEOC staffed
the Las Vegas EEOC office with only 7 employees
Q: did the EEOC set up the Las Vegas EEOC office to fail?
or
Q: did y’all [President(s) + OMB + Congress] set up the EEOC to fail?
p.s.
Trust but Verify
p.p.s.
GAO Report on EEOC
September 2008
___________________________________
New staff, hired early in the year, rather than starving the employees
until it is too late in the year to do anything but dump cases,
— Gabriel le Martin, Council President
September/ October 2009
p.s.
Trust but Verify
p.p.s.
http://council216.org/docs/newsletters/216WorksDraft9–09.pdf
President’s Viewpoint:
Meeting Challenges In The New Year
Challenge to New Chair
_________________________________
there should be no EEOC case dumping
— Newt Gingrich
March 3, 1998
p.s.
Trust but Verify
p.p.s.
____________________________________
Cases are closed even though questions remain
If it is the end of the quarter, or the end of the fiscal year,
EEOC offices dump cases.
There is no other way to describe what happens
— Gabriel le Martin, Council President
February 2004
p.s.
Trust but Verify
p.p.s.
__________________________________
“EEOC is kicking off its 45th anniversary celebration.
This anniversary comes at a time when too many discrimination claims are
1) buried in the backlog
or
2) dumped in order to help EEOC’s year end statistics,”
says Gabriel le Martin, president of the National Council of EEOC Locals,
216, AFGE/AFL-CIO (“the Council”), which represents the agency’s workers.
p.s.
dumped cases (?) = FRAUD
In law,
FRAUD is deliberate deception to secure unfair or unlawful gain,
or to
deprive a vicTim of a legal right.
p.p.s.
Trust but Verify
p.p.p.s.
_______________________________
The call center comes at a great cost to you (Taxpayers! who are also complainanTs) -
1) $4.9M
or
2) the cost of no new permanent staff,
3) the cost of getting rid of long term employees whose retirement benefits cost a lot of money,
and
4(e!) the cost of dumping cases
p.s.
dumped cases (?) = FRAUD
In law,
FRAUD is deliberate deception to secure unfair or unlawful gain,
or to
deprive a vicTim of a legal right.
p.p.s.
Trust but Verify
p.p.p.s.
______________________
what is EEOC doing to tackle the backlog? “Worse than nothing,”
says Martin.
The Union has filed unfair labor complaints in each of EEOC’s 53 offices,
charging that the agency mandated quotas of cases
each employee had to shut down (close) (dump) before the end of FY10.
Martin states, “The EEOC panicked before the 4th quarter, ratcheting up
the case dumping requirements
to try to improve the dismal year-end statistics that must be reported to Congress.
Neither the public or EEOC workers should have to suffer
because of this poor solution to the backlog.”
p.s.
dumped cases (?) = FRAUD
In law,
FRAUD is deliberate deception to secure unfair or unlawful gain,
or to
deprive a vicTim of a legal right.
p.p.s.
Trust but Verify
p.p.p.s.
p.p.p.p.s.
thank you Gabriel le Martin for ‘blowing the whistle’ in 2010
and
thank you Google for helping her ‘blow the whistle’ (again) in 2016
+
Apr 29, 2016
+
Q: where’s NOW? (DuckDuckGo vs Google)
“let’s get ready to grumble!”
vs
+
+
EEOC case dumping scandal (1965 — T imGolden)
(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
or
Q: aren’t y’all [President(s) + OMB + Congress] 3 dinosaurs?
in other words
vs
=
Q1: how much have y’all [President(s) + OMB + Congress] sunk
into 1 warship (since 2009)?
A1: $13 billion
+
Q2: how much have y’all [President(s) + OMB + Congress] invested
in EEOC (since 1965) to eradicate workplace harassment and discrimination?
A2: $10 billion
=
Q3: do y’all [Republican Party + Democratic Party] worship G-D?
A3: nyet!
=
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+
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Q: are y’all [Executive Branch and Legislative Branch] dead+wood?
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“Cease to do evil — learn to do well” is cut in deep letters on the front of the Richmond Penitentiary, South Circular Road, Dublin
or
or
or
or
or
or
or
+
p.s.
sip! sip! [drink God’s T orah]
+
+
p.p.s.
chew! chew! [eat God’s Mail]
and
do! do! [exorcise (right wrongs)]
or else
bro(t)her! don’t ever be afraid to(o) deliver God’s Mail, right NY FBI?
vs
