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x RETAUAIOI{ AcE [l o,*r'l* GENETIC INFORMATIOiI
OTHER fqpccr,y, x CONNUINO ACTION
ppct exta
1. I have been tennis umpire since aboutApril 1994.1 have worked full-time for the United States
Tennis Association ("USTA") as an Officiating Coordinator since 2009, and I am currently the
Of[icating Pathway Coordinator, as of October 2014.
2. In my current position at the USTA, I am responsible for, among other things, promoting
dlverslty and equality at the organization on a national level and even inteinationally.
3. The USTA has a long track record of discriminating against employees and contraet'workers
based on age, race, gender, sexual orientation and is also known to retaliate against employees
by terminating their employment after they file complaints. ln fact, I am very concerned that I
will be further retaliated against for ffling this complaint
4. When I was hired by the USTA as Offlciating Coordinator, ln about March of 209,the Chief of
Dlversfty, Kevin Clayton, told me that I was hired in response to the New York Sate Attorney
General investigation and the finding of racism and sexism at the USTA. (See
http:/www.oag.statgny.us/sites/default/files/press-releases/archived/tennis.pdf. including at
pages 3 and 4, hereinafter referred to as the "Settlement Agreemenf).
5. At the time I was hired, I was also told that I was to work to promote diversityand inclusion in
my capacity as an Officiatlng Coordinator and umpire for the organization. I was further notified
that I would earn a Gold Badge, so that I could officiate mportant matches, including at the
United States Open and my presence at high level matches would make the USTA look good for
the Attorney General and to help the organization comply with the Settlement Agreement
6. The USTA did not comply with the SettlementAgreement in that the organization continued and
continues to discrfminate agalnstwomen, People of Colorand mnorltles. I can conflrm
that the USTA did not even
 organization had promised.
7 During my entire time working at the USTA, management and eyen representatives from private
clubs, who did not work for the USTA, cautioned me through their words and actions that I was
not to challenge Caucaslan supeMsors and others or I would be punlshed. I would sometimes
complain to my then Supervisor Rich lGufman about the discriminatory treatment I experienced
at the USTA. Mr. Kaufrnan would at best ignore my complaints. In fact, when I noted that a
Caucasian umpire was officiating the late round matches at the US Open, instead of me or
another qualied minority or female, Mr. Kaufrnan cautioned me, statin& "which would you
rather do, have a job or officiate the finals at the US Open."
8. Irere were many discriminatory inf ustices I endured without complaint in order to keep my job
atthq USTA.
9, Because of the obvious retaliation against minorities and females who have attempted to fle
complaints, almost no minorities or women at the USTA complains of discrimination.

Francis Glbert Becom es Superuisor an{Iargeted DiscIimi nation Intenies

10. ln or about April 2014, Francis "Skip" Gilbert became my direct superuisor. Upon information
and belief, Mr. Gilbert was hired by the USTA after the Board of Directors at USA Triathlon
terminated his employment fr alleged ethical volations.
11. Soon after Mr. Gilbert became my superuisor, he began to discriminate against me. Such
dscrimination included diminishng my duties and the status of my employment at the USTA.
tZ. In addition, Mr. Gilbert would undermine my authorty and humiliate me in front of other USTA
employees, as well as employees and members of private clubs. Mr. Gilbert would direct me not
to travel, he repeatedly threatened to fire me, removed me from meetings and correspondence
necessary to do my job. In one instancg Mr. Gilbert specifically removed me from a sports
officiating summit I had helped organize in New Mexico, and as part of the curriculum I was
scheduled to deliver a presentation. Particularly hurtful, Mr. Gilbert even made disparaging
remarks about my physical appearance and the natural deepness of my volce. He also gave me
an unfar negative performance evaluation.
13. On fuly 23,20L4,1 filed a complaint with the Chief Operating Offfcer of the USTA Gordon Smith,
outlining some of the discrimination I experienced and requesting an investigation. In my
complaint I explained that due to the stress caused bythe dscrimination I was being treated for
a medical condition. I further told Mr. Gilbert that I wanted to keep my job at the USTA and that
I was concerned about being retalated against for fling the complant, as I had.seen retaliation
against other USTA employees after they had fled complaints. Prf or to Mr. Gilbert becomng my
Supervisor, I had attended the Australian Open, French Open, Wimbledon, and had a significant
role at the US Open. Once I complained of the discrimination by Mr. Gilbert, my duties were
further diminished and I rarely traveled, and as a resulg I was unable to do myJob cif.promoting
diversity.
L4. For montJrs after filing the |uly 23,20L4 complaint with USTA Management I received no
response, while Mr. Gilbert continued to discrimnate and retaliate against me. In facg after
filing the complain Mr. Gilbert said to me in a threatening way, "l know you reported me to
Gordon (COO Gordon Smith), whatever. I saved you and you are trytng to kill me."
15. On October 30,20L4,1 sent another email to Mr. Smith respectfully inquiring about the status of
the investgation. In my email, I also informed Mr. Smith that, at the suggestions of Mr. Glbert, I
had hired a coach to address some of the issues of racism at work and requested that he meet
with my coach.
L6. 0n November L2,20L4,1 received a note from Mr. Gordon simplystatingthatan nternal
investigation had taken place and "no discrimination was found." Mn Gordon further stated,
that he would not meet with my coach, rather he would "decline-as a policy we do not meet wlth
outside coaches or employee advocates." I was surprised, because Mr. Gilbert had
recommended that I seek coaching. Moreovet I know of no policy forbidding a USTA Manager
from meeting with a professional coach.
 L7. 0n December 16, 20t4,1 filed another complaint for discrimination and retaliation. ln my
complaint I requested tralning to help address the discrimination and requested that the USTA
pay for my coaching ln my complianL I reiterated my complaints and noted that an African-
Amercan, female USTA employee was subjected to a gruesome and shocking display when
someone hung a noose near her work area.
18. In my complaint of December 16 I again asked for an independent investigation by someone
with experience and knowledge of the racist and sexist culture at the USTA, such as a former
investigator from the Office of the Attorney General. I further requested that as part of the USTA
lnvestigation the organizadon should inteview my former Supervisor Rich lkufrnan and other
witnesses. I also requested that Mr. Gilbert's retaliation aganst me stop immediately.
19. 0n Dcember 18, 20t4, Mr. Smith acknowledged mycompliant, but sald of myallegations, that,
"many of which on frst blush appear to be based on a limited or misunderstanding of all the
facts."
20. 0n December 23d, I sent another emal to Mr. Smith thanking him for agreeing to investigate my
complaints raised back in luly 2014. I also explained that I was fearful about the allegations of a
hangman's noose and that I would again be retaliated against and perhaps even fired.
2t. I am filing this compliant with the EEOC becausg instead of hiring an independent investigator
in response to my complaints'of discrimination and retaliation, in early fanuary 2015, I was
notified by USTA Management that the organizatlon had retained well-known defense attorney
fill Rosenberg form the law firm Orrick, Harrington & Sutcliffe, to conduct its investigation.
According to her webpage, "Ms. Rosenberg has slgnificant experience defending and advising
employers in discrimination...matters.' While I obviously have not seen her contract, I am
concerned that Ms. Rosenberg has been hired to defend the USTA against allegations of
discrimination.
22. While I am trying to help improve the USTA an organzation I care so much aboug I am
concerned that I will be viewed as a troublemaker and that I will be terminated or at least
further mar$nalized in retaliation for filing discriminaton complaints.
23, The above examples are just some examples of the discrimination at the USTA. There are many
others. I will provide additional information as it may seem helpful.
24. I respectfully ask that you investigate my complaints of discrimination and retaliation and stop

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