sEocFoms 4000) CHARGE OF DISCRIMINATION Charge Presented To: Agency(les) Charge No(s): “Water i atciady te Poy Akt 874. So rod Py At PA Bane et te maa em fe EEOC New York State Division Of Human Rights ‘and EEOG Si orca Aga any Tate Goda We, Mex) Toe Phone (nd Ava Goda) [Dawah Anthony Nimmons ‘Seether iy, Sate nd Code ‘Named athe Employer. Labor Organization, Employment Agoncy. Agpraniicehip Carts, or Sate or Local Government Agency That Belov. Digeriminated Against ho or Others. (if mare then two, Het undor PARTICULARS bebo), Yee Te Cayo anna] Prana No, nde Area Codey United States Tennis Association Over 600 788-760-6200 Tree Gay Sas aa Coe 2s 70 West Red Oak Lane White Plains, New York 10604 3%, = an eS om Tame Te rao aa cain) SB m ‘Sree Acie ‘Gis Sate and BP Code 7s za TSCRITATON BASED ON ect sopae DONT OATES) OBCRMNATION TOOK PGE <4 atest tote K]rwce [T]ooor [] sex REUGION [NATIONAL ORIGIN 1996,12/2008 current %] rerausrion nae [[] osu ‘eneTe NFORMATION omen soci [a] communes ncron TE PARTSTLARS ARE SSRI RTT OT 1. Ihave been tennis umpire since about April 1994. I have worked full-time for the United States Tennis Association (“USTA") as an Officiating Coordinator since 2009, and | am currently the Officiating Pathway Coordinator, as of October 2014. 2, Inmy current position at the USTA, I am responsible for, among other things, promoting diversity and equality at the organization on a national level and even internationally. 3. The USTA has a long track record of discriminating against employees and contract workers based on age, race, gender, sexual orientation and is also known to retaliate against employees by terminating their employment after they file complaints. In fact, lam very concerned that I will be further retaliated against for filing this complaint. 4. When was hired by the USTA as Officiating Coordinator, in about March of 2009, the Chief of Diversity, Kevin Clayton, told me that I was hired in response to the New York State Attorney General investigation and the finding of racism and sexism at the USTA. (See ' including at pages 3 and 4, hereinafter referred to as the “Settlement Agreement”). 5. Atthe time I was hired, ! was also told that I was to work to promote diversity and inclusion in my capacity as an Officiating Coordinator and umpire for the organization. I was further notified that I would earn a Gold Badge, so that I could officiate important 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 Settlement Agreement in that the organization continued and continues to discriminate against women, People of Color and minorities. I can confirm personally that the USTA did not even post diversity initiatives at tennis events as the10. 1. 12. 13, 14. 15. 16. organization had promised. During my entire time working at the USTA, management and even representatives from private clubs, who did not work for the USTA, cautioned me through their words and actions that I was not to challenge Caucasian supervisors and others or I would be punished. | would sometimes complain to my then Supervisor Rich Kaufman about the discriminatory treatment I experienced at the USTA, Mr. Kaufman 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 qualified minority or female, Mr. Kaufman cautioned me, stating, “which would you rather do, have a job or officiate the finals at the US Open.” ‘There were many discriminatory injustices I endured without complaint in order to keep my job atthe USTA, Because of the obvious retaliation against minorities and females who have attempted to file complaints, almost no minorities or women at the USTA complains of discrimination. Francis Gilbert Becomes Supervisor and Targeted Discrimination Intensifies In or about April 2014, Francis "Skip" Gilbert became my direct supervisor. Upon information and belief, Mr. Gilbert was hired by the USTA after the Board of Directors at USA Triathlon terminated his employment for alleged ethical violations. Soon after Mr. Gilbert became my supervisor, he began to discriminate against me. Such discrimination included diminishing my duties and the status of my employment at the USTA. In addition, Mr. Gilbert would undermine my authority 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 instance, 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 voice. He also gave me an unfair negative performance evaluation. On July 23, 2014, | filed a complaint with the Chief Operating Officer of the USTA, Gordon Smith, outlining some of the discrimination I experienced and requesting an investigation. In my complaint, | explained that due to the stress caused by the discrimination I was being treated for amedical condition. I further told Mr. Gilbert that | wanted to keep my job at the USTA and that Iwas concerned about being retaliated against for filing the complaint, as I had-seen retaliation against other USTA employees after they had filed complaints. Prior to Mr. Gilbert becoming my Supervisor, | 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 result, | was unable to do my job ofpromoting diversity. For months after filing the July 23, 2014 complaint with USTA Management I received no response, while Mr. Gilbert continued to discriminate and retaliate against me. In fact, ater filing the complaint, Mr. Gilbert said to me in a threatening way, “I know you reported me to Gordon (COO Gordon Smith), whatever. I saved you and you are trying to kill me.” On October 30, 2014, I sent another email to Mr. Smith respectfully inquiring about the status of the investigation. In my email, I also informed Mr. Smith that, at the suggestions of Mr. Gilbert, I had hired a coach to address some of the issues of racism at work and requested that he meet with my coach. On November 12, 2014, I received a note from Mr. Gordon simply stating that an internal investigation had taken place and “no discrimination was found.” Mr. Gordon further stated, that he would not meet with my coach, rather he would “decline-as a policy we do not meet with outside coaches or employee advocates.” I was surprised, because Mr. Gilbert had recommended that I seek coaching. Moreover, I know of no policy forbidding a USTA Manager from meeting with a professional coach, y17. On December 16, 2014, filed another complaint for discrimination and retaliation. In my complaint I requested training to help address the discrimination and requested that the USTA pay for my coaching. In my compliant, I reiterated my complaints and noted that an African- ‘American, female USTA employee was subjected to a gruesome and shocking display when someone hung a noose near her work area. 18. _ Inmy 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 asa former investigator from the Office of the Attorney General. I further requested that as part of the USTA investigation the organization should interview my former Supervisor Rich Kaufman and other witnesses. | also requested that Mr. Gilbert's retaliation against me stop immediately. 19. On December 18, 2014, Mr. Smith acknowledged my compliant, but said of my allegations, that, “many of which on first blush appear to be based on a limited or misunderstanding of all the facts.” 20. On December 23'¢, | sent another email to Mr. Smith thanking him for agreeing to investigate my complaints raised back in July 2014. I also explained that I was fearful about the allegations of a hangman's noose and that | would again be retaliated against and perhaps even fired. 21, Lam filing this compliant with the EEOC because, instead of hiring an independent investigator in response to my complaints of discrimination and retaliation, in early January 2015, | was notified by USTA Management that the organization had retained well-known defense attorney Jill Rosenberg form the law firm Orrick, Harrington & Sutcliffe, to conduct its investigation. ‘According to her webpage, “Ms. Rosenberg has significant experience defending and advising employers in discrimination...matters.” While | obviously have not seen her contract, | am concerned that Ms. Rosenberg has been hired to defend the USTA against allegations of discrimination. 22, While Lam trying to help improve the USTA, an organization I care so much about, lam concerned that I will be viewed as a troublemaker and that I will be terminated or at least further marginalized in retaliation for filing discrimination 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, [respectfully ask that you investigate my complaints of discrimination and retaliation and stop the unlawful conduct against me. Twa ie charge fle wth bath te EEOC and the Stale onal Agency, any. 1 | NOTARY = When racosay le Sata ad Loca] Agency Regurerons wiladvie the agence change my addres or phone number and wil ‘aoperte uly wih them ne proceting of my charge In acconance wih the : posedoren: Twear ov aim hat have read the above charge and that tis rue to [clare under panaiy of pay tat the above ive andcored | the eat of my knowadg, and bel SIGNATURE OF nd onbels ILS, ssecarnns wen rbedue eo ‘cate ‘charging any Spats Tuunvary 28, 2015 ‘STUART ANTELL ‘Notary Pubiio, State of New York, Ho, oaANsOs0144 Quatiod in New York County ‘Commission Expres December 10, 2714 a c NeW YORK DISTRICT OFFICE RECEIVED 2015 JAN 28 PH 3: 05