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?
+
+
+
+
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
+
+
+
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!
=
+
+
+
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?
