WITNESS AFFIDAVIT - EEO 21



COMPLAINANT AFFIDAVIT

Date: XXX

Re: XXX’s EEO Complaint of Discrimination XXX

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1. My name is XXX.

2. My address is XXX.

3. My phone numbers is XXX (work).

4. I work at XXX at 900 XXXX.

5. I am female.

6. I was diagnosed with persistent bronchial asthma, allege rhinitis, and multiple injuries on neck, shoulders and LS spine. My persistent bronchial asthma is a permanent condition. My allege rhinitis is a permanent condition. My neck, shoulders and LS spine injuries are chronic conditions.

7. I am unable to breath in the air at 90 degrees (F) or higher and at 40 degrees or lower. In such temperature, I am unable to take care of her yard, stay or walk outdoors for more than 20 minutes. Due to my neck, shoulders and LS spine injuries, I am unable to climb on and off a large truck or a ladder, unable to lift more than 15 lbs., and unable to stand or walk for a prolonged time.

7. On June 11, 2008, I made a written request for reasonable accommodation to XXXX, my then supervisor. I requested the use of air-conditioned vehicle when the temperature is 90 degrees in F. or higher, or 40 degrees in F or lower. I also requested to deliver the Express Mail.

8. On June 12, 2008, I responded to a questionnaire issued by the Capital District Reasonable Accommodation Committee (DRAC) regarding her reasonable accommodation request based on her disability: asthma.

a. On DRAC questionnaires I requested the following accommodations: Detail to the Zone 1 or 2 Carrier Section in order that she may be able to use an air-conditioned vehicle during days of 90 degrees F or higher or 40 degrees F or lower. I also indicated, via US Department of Labor’s Duty Status Report, that I was on a lifting restriction of no more than 15 lbs. and was certified for “limited duty.”

9. On June 26, 2008 I filed an informal complaint of discrimination and retaliation (case no: xxx).

10. On July 12, 2008, I reported the harassment to xxx, District Manager; to xxxx, Plant Manager; to Mr. xxx, Human Resource Manager; and to Post Master, xxx.

11. In July 2008 I wrote letters to Senator xxx and Senator xxx about discrimination and denied accommodation. I received their replies in August 2008.

a. On October 2, 2008 I filed a formal complaint of discrimination based on sex, female, retaliation, and disability (Agency No: xxxx).

12. On October 30, 2008 I submitted a supplemental statement to the formal EEO complaint to the EEO office, in which I added the issue of denied accommodation based on my disability: asthma.

13. The issues involving the sexual harassment and denied accommodation, among others, are still pending before the EEOC hearing unit: EEOC docket no: xxxx; Agency No: xxxx.

On or about March 27, 2009 I filed a formal complaint of discrimination (case no: xxxx):

14. On May 15, 2009 at 10:00 AM I participated in a deposition conducted by Agency attorney, xxx, Esq. on the pending EEO matter: EEOC docket no: xxxx; Agency No: xxx.

15. On June 17, 2009, I filed an informal EEO complaint (Pre-complaint No: xxx).

16. I alleged that I was discriminated and retaliated against based on my sex (Female), disability (Asthma), and for my prior filing of EEO claims, as referenced above, for requesting reasonable accommodation based on my disabilities, as referenced above, and/or otherwise for participating in the protected EEO activities, as referenced above. The particulars of my allegations are as follows:

17. On ???, 2009, I was transferred from Express Mail unit (under Mr. xxx, Supervisor) to the Collection unit (under Mr. xxx, Supervisor) for no reason other than for my participation in the Agency EEO deposition on May 15, 2009, as referenced above.

18. From ???, 2009 to the present, my time card is being processed by Mr. xx.

a. Other co-workers’ time cards are being processed by three new supervisors: names????.

21. On June 12, 2009 Acting Manager, Mr. xxxx, denied my sick leave request, even though I did not work in his unit at the time.

22. On June 3, 2009, Acting Manager, Mr. xxx, denied my sick leave request of 5 hours for June 4, 2009.

23. On June 5, 2009, Acting Manager, Mr. xx denied my sick leave request of 5 hours for June 4 and June 5, 2009.

24. On ???, 2009, Mr. xxxx denied my Modified Assignment.

25. On ???, 2009, Mr. Cole refused to pay me for xxxx hours for date???.

26. On ???, I discovered that my donated sick time was taken away as follows: ??? hours for the paid period ????; ??? hours for the paid period ?????; ??? hours for the paid period ????.

27. On July 10, 2009 Mr. xxx yelled at me when I requested sick leave.

28. On July 17, 2009, Mr. xxxx yelled at me and stated that I was not going to be paid for two days for no reasons other than the fact that Ms. xxx, EEO Counselor, called him regarding my informal EEO complaint.

29. xxx (xxx) xxx, Zone 1, male with no known disability and no history of EEO activities: His modified assignment was never denied in the last three years????. He was never paid short for the hours he worked for the last three years. His request for sick leave was always granted in the last three years.

30. xxx LNU, Collection Unit, male with no known disability and no history of EEO activities: His modified assignment was never denied in the last three years. He was never paid short for the hours he worked for the last three years. His request for sick leave was always granted in the last three years.

31. xx LNU, Express Mail Unit, male with no known disability and no history of EEO activities: His modified assignment was never denied in the last three years. He was never paid short for the hours he worked for the last three years. His request for sick leave was always granted in the last three years.

32. xxx xxx, Collection Unit, female with no known disability and no history of EEO activities: Her modified assignment was never denied in the last three years. She was never paid short for the hours he worked for the last three years. Her request for sick leave was always granted in the last three years. On ????, she was granted annual leave when the calendar for annual Leave was full and no hours could be granted. On July 13, 2009, she was granted sick/annual leave without advanced notice when her baby was sick.

33. Remedy: I want to be transferred back to Express Mail unit under Mr. xxxx as my supervisor. I want harassment, discriminatory, and retaliatory treatment by Mr. xxx stop immediately. I want $10,000 for legal fees. Etc.

(Initial each page, if more than one.)

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DECLARATION

I, the undersigned, declare under penalty of perjury that the statements made in the above affidavit are true and correct to the best of my knowledge, information, and belief.

(sign)__________________________ ______________

Xxxx Date

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