B

EEOC Form 5 (11/09)

-1952

CHARGE OF DISCRIMINATION Charge Presented To:

D FEPA

.[~JEEOC

Agency(ies) Charge No(s):

This form is affected by the Privacy Act of 1974. See enclosed Privacy ActStatement and other information before completing this form..

420-2012-00251

and EEOC

Siale or local Agency, if any

Name (indicete Mr., Ms., Mrs.)

Ms. Jamie D. LigonHome Phone (tncl. Area Code)

(205)d!f " .Dateof Birth

Street Address City, State and ZIP Code

~ Birmingham, AL 35226

Named is' the Employer, LaborOrganization, Employment Agency, Apprenticeship Cornmittee.ior State or Local Government Agency That I BelieveDiscriminated Against Me or Others. (If more than two, list under PARTICULARS below.) .

No. Employees, MembersNameCITY OF BIRMINGHAM (DEPARTMENT OF FINANCE) 201 - 500

Phone No. (Include Area Code)(205) 254-2205

Street Address City, State an ZIP Cod~~-------------------710 North 20th Street, Birmingham, AL35203

I X.I RAGE QC;OLOR D SEX

Ix,1 i~t'r~TI""'1)( I AGo 0 OisA.iLny. .' .•.. ' .' .. OTHER (Specify)

. " .. , , ".'. ," - - .~- -- .. ,- ," - .

RECEIVEDName No. Employees, Members hone No. (Include Area Code)

Street Addre~s City, State a{!

- 8 2011DISCR iMI f.JATlbNBASEDoN (Check appr6{xiate box(es).)

08-1~:;2011

o CONTINUINGACTiOtil .

THJ~PARTICUl..1'\gSA~E (I{addifional oeoeris needed, attach extrasheef(s)):

I am a 59 year 6ldWhitefemale. I was hired by the employer on September 2, 1:986. My most-recent positionwas Payroll Manager. Since July 2010, Barbara McGrue, Deputy Director of Finance, continually publiclychastised, ridiculed, humiliated me, and verbally insulted me and other White employees creating a raciallyhostile work environment. Ms McGrue denied White employees opportunities afforded Blacks employees. Ie-mailed Tom Barnett, Director of Finance, Peggy Polk, Director of Personnel, and copied Ms. McGrue that Ibelieved that Ms. McGrue was subjecting me to discriminatory treatment because of my race. No action wastaken and they did not respond to my ernail. Subsequent to my complaint Ms. McGrue would not meet withme or keep me informed with what was going on in the section. Ms. McGrue began finding fault in any thingthat I did whereas there were never any problems identified with my work. On August 19, 2011, I was forcedto resign my employment as a result of no longer being able to tolerate the adverse treatment imposed uponme which caused me great stress and mental anguish. A number of White employees in the protected agegroup have been discharged or forced to resign and replaced with Blacks.

The employer offered no reason for the adverse treatment imposed up me.

I believe I have been discriminated against because of my race and age in violation of Title VII of the CivilRights Act of 1964, as amended, and the Age Discrimination in Employment Act of 1990, as amended. I alsobelieve I have been retaliated against for opposing employment practices unlawful under Title VII of the CivilRights Act of 1964, as amended.

I believe White employees in the protected age group are being discriminated against as a class.

oete\. I ,\

,j C!7arging partY\0fgnature

I want this charge filed with both the EEOC and the State or local Agency, if any. I NOTARY - When necessary for State and Local Agency Requirementswill advise the agencies if I change my address or phone number and I willcooperate fully with them in the processing of my charge in accordance with their

j...--:-p",:,ro_ce-:-d_u_re_s_.-:-----::-:----:----::--:-:-:---:----:----------1 i swear or affirm that I have read the above charge and that it is true toI declare under penalty of perjury that the above is true and 'correct. the best of my knowledge, information and belief.

SIGNATURE OF COMPLAINANT

Nov 08, 2011SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE(month, day, year)

Jamie D. Ligon..-..---Birmingham, AL 35226

October 31, 2011

Mr. Arthur ReidU. S. Equal Employment Opportunity CommissionRidge Park Place1130 22nd Street South, Ste 2000Birmingham, AL 35205

Re: EEOC Charge Number

Dear Mr. Reid:

After considerable thought and reflection on the circumstances surrounding theconstructive elimination of my job, as well as the treatment of other Caucasian employeesby the City of Birmingham, I respectfully request that my case and charge ofdiscrimination be deemed a class action charge.

It is very troubling that the City of Birmingham began treating white employeesdifferently from the time Jarvis Patton assumed his position as the mayor's chief ofoperations in February 2010. Caucasian employees have chosen resignation or retirementrather than endure the shameful treatment to which they were being subjected.

Therefore, on behalf of all City of Birmingham employees, whether they are pastCity employees who have already suffered, or present and future City employees who areor may become subject to the same type of action, I am asking the U. S. EqualEmployment Opportunity Commission to assign my charge of discrimination class actionstatus so that the City of Birmingham will no longer be permitted to continue targetingCaucasian employees for termination.

Thank you for your consideration. If you have any questions or would like todiscuss this further, please feel free to contact me at (205) ern ;;Q;!Ii.

Sincerely,

~\)~Jamie D. Ligon

Ligon informed management that she was experiencing harassment

problems from a co-worker. The evidence will reveal that no

immediate and corrective action was taken to alleviate the hostile

work environment.

Ligon was treated (as were others similarly situated) in an

openly discriminatory manner in violation of Title VII in that she

was subjected to a discriminatorily abusive working environment,

and was denied opportunities afforded black co-workers. On a daily

PCl,S is in th~ F'Lnarice Depar't.merrt , Ligon and vot.her\Vpi te empLoyeee.

i\V;e~Ep9h??,ti.?~,q,~ricticlli$,ej.r8n.ct ·flu]::)lic::lyhl,:n:lVicl;d;:~,tJ~qJ.in fJ:'ont0+

t-rrei rt[)'¢ll~¢i~'"Wil;'Ji(S($• StJGh e~ir-e'(fF.iOill'$ TIli s'tr$atm~nt "lJ$;;$$'U,;EE i ej,ent 1y

sever'B andp'etvasive to altex the terms and coTtCiitioitlsof

employment. The abuse was blatantly directed at employees who are

white. Moreover, the workplace was permeated with discriminatory

intimidation, ridicule, and insult. In addition to Ligon, other

employees, who are white, wer~ gravely affected by the abusive

working environment. They, like Ligon, experienced serious heath

and emotional problems, impacting their jdb performance and

attendance. On several occasions, other white employees sought

emergency medical treatment as a result of the hostile work

environment. Ligon and other white employees experienced

dangerously high blood pressure and other life threatening, stress

related symptoms attributable to her racially hostile working

environment. Many white employees retired early.

2

In May 2010, the racial makeup of the General Accounting Divisionof the City of Birmingham's Finance Department was 19 black employeesand 9 white employees. Since that time, four whites have been terminated,resigned, or retired; each position was filled by a black. Additionally, overthe past period of time, five new positions have been created in the FinanceDepartment and all filled by blacks.

EQUAL EMPLOYMENT OPPORTUNITY COl\1l\1ISSIONINTAKE QUESTIONNAlRE

Please immediately complete the entire form and returri it to the U.S. Equal Employment Opportunity CommissionC"EEOCIf). REMEMBER, a charge of employment discrimination must be filed within the time limits imposed by law,generally within 180 days or in some places 300 days of the alleged discrimination. Upon receipt, this form will bereviewed to determine EEOC coverage. Answer all questions as completely as possible, and attach additional pages ifneeded to complete your response(s). If you do not know the answer to a question, answer by stating "not known."If a question is not applicable, write "n/a." Please Print.

1. Personal Information

Last Name: Ligon First Name: Jamie MI: D.-------------------------- -------------------- ---------------------Street or Mailing Address: ~ Terrace Apt Or Unit #: _

City: Birmingham County: Jefferson State: Alabama ZIP: _3_~ ~_

Phone Numbers: Home: ( 205 ) m 68 Work: ( ) _

Cell: ( 205 ) 7~ Email Address:lliWJD.o3@CHARTER.NET

Date of Birth: 02-28. Sex: Male 0 Female~ Do You Have a Disability", DYes ~No

1'1!!:l.s~llPs"Yer«!::I.l;h· of the next three questions. i. Are you Hispanic or Latino? 0Yes IEl'No

ii. Wh;lti,sX:Pvf;R,ate? Please choose all thatapply, 0 Aineric;a,nJnqii'ln brN~l:caNativ¢ 4J Asiiln[g] Whig~

o Bl~ck or AfricanArnerican 0 NativeHawaiian ()rOtheEPt!;YiflC.Jslai:ld~t

iii.Whatis,Ybur N,1jlional Origin (COiit.lttyofQriginor ancestry)? ~Ali1_..• ~.•...:"er_ic~:a.:....tl.,.,"-=-~-'+-,,--~~~~-~~~~-~-----

PleasePtilv!:ile tlieN:'J:me Of A Person We Can Contact If We Are UQ,a,PJeToReach Yo\!:

Name: Vit~inai Spidle Relationship: _F_t_ie_n_d --::=:--

Address: 8-56 William Drive City: Irondale State: ~ Zip Code: ~

Home Phone: (__ ) Other Phone: ( 205 ).__-.:::....._* _2. I believe that I was discriminated against by the following organization(s): (Check those that apply)

[gJ Employer o Union o Employment Agency o Other (Please Specify) -----------------Organization Contact Information (If the organization is an employer, provide the address where you actually worked. If you workfrom home, check here 0 and provide the address of the office to which you reported.) If more than one employer is involved, attachadditional sheets.

Organization Name: City of Birmingham - Department of Finance

Address: 710 North 20th Street County: Jefferson

35203 Phone; ( 205 ) _2_5_4-_2_20_5 _City: Birm__in_g_h_am~------- State: ~ Zip:

Type of Business: CitYGovernment Job Location if different from Org. Address: -------

R D· 0 N Peggy Polk Phone.' 205-254-2000Human esources irector or wner ame: _~'--- -_~ _Number of Employees in the Organization at All Locations: Please Check (--J) One

o Fewer Than 15 o 15 - 100 0101-200 ~201-500 o More than 500

3. Your Employment Data (Complete as many items as you can) Are you a Federal Employee? DYes ~No

Date Hired: _0_9_-0_2_-_8_6 Job Title At Hire: _A_C_c_ou_n_t_an_t _

Pay Rate When Hired: 15.00 per hr. Last or Current Pay Rate:_3_0_.0_0...:pc...e_r_h_r. ~ _

Job Title at Time of Alleged Discrimination: Payroll Manager Date Quit/Discharged: _0_9_-0_2_-2_0_1~1~ _

Name and Title oflmmediate Supervisor: Keila Pryor

2

If Job Applicant, Date You Applied for Job ------- Job Title Applied For ~-------------------4. What is the reason (basis) for your claim of employment discrimination?FOR EXAMPLE, if you feel that you were treated worse than someone else because of race, you should check the box next to Race. Ifyou feel you were treated worse for several reasons, such as your sex, religion and national origin, you should check all that apply. Ifyou complained about discrimination, participated in someone else's complaint, or filed a charge of discrimination, and a negativeaction was threatened or taken, you should check the box next to Retaliation.

o Race 0 Sex 0 Age 0 Disability 0 National Origin 0 Religion ~ Retaliation 0 Pregnancy 0 Color (typically a

difference in skin shade within the same race) 0Genetic Information; choose which type(s) of genetic information is involved:

o i. genetic testing 0 ii. family medical history 0 iii. genetic services (genetic services means counseling, education or testing)

If you checked color, religion or national origin, please specify: --------------------------------------If you checked genetic information, how did the employer obtain the genetic information? ----

Other reason (basis) for discrimination (Explain). ~ ~ --

S. What happened to you that you believe was discriminatory? Include the date(s) ofhann. the actiones). and the name(s) andtitle(s) of the person(s) who you believe discriminated against vou. Please attach additional pages if needed.(Example: 1010210(5 ~Discharged.by Mr. John Soto, Production Supervisor)A) l)~t~:A.Ciion:

.see.attached

B) Date: 'A2tion:

Name and Title ofPerson(s)E:espbnsible: _

6. Why do you believe these actions were discrbninatery? Please attach additional pages if needed.

See attached

7. What reason(s) were given to you for the acts you consider discriminatory? By whom? His or Her Job Title?

See attached

8. Describe who was in the same or similar situation as you and how they were treated. For example, who else applied for thesame job you did, who else had the same attendance record, or who else had the same performance? Provide. the race, sex,age, national origin, religion, or disability of these individuals, if known, and if it relates to your claim of discrimination. Forexample, if your complaint alleges race discrimination, provide the race of each person; if it alleges sex discrimination, providethe sex of each person; and so on. Use additional sheets if needed.

Ofthe persons in the same or similar situation as you, who was treated better than you?

A. Full Name Race. sex. age. national origin. religion or disabilitv Job Title

DescriDtion of Treatment

B. Full Name Race. sex. aQe.national origin. religion or disability Job Title

Description of Treatment

2

If Job Applicant, Date You Applied for Job ------- Job Title Applied For _

4. What is the reason (basis) for your claim of employment discrimination?FOR EXAMPLE, ifyou feel that you were treated worse than someone else because of race, you should check the box next to Race. Ifyou feel you were treated worse for several reasons, such as your sex, religion and national origin. you should check all that apply. Ifyou complained about discrimination, participated in someone else's complaint, orfiled a charge of discrimination, and a negativeaction was threatened or taken, you should check the box next to Retaliation.

~ Race 0 Sex 0 Age 0 Disability 0National Origin 0 Religion ~ Retaliation 0 Pregnancy 0 Color (typically a

difference in skin shade within the same race) 0 Genetic Information; choose which type(s) of genetic information is involved:

o i. genetic testing 0 ii. family medical history 0 iii. genetic services (genetic services means counseling, education or testing)

If you checked color, religion or national origin, please specify: _

If you checked genetic information, how did the employer obtain the genetic information? ~-----

Other reason (basis) for discrimination (Explain). ~ ~ _

5. What happened to you that you believe was discr iminatory? Include the date(s) of harm. the actiones) and the name(s) andtitle(s) .of the person(s) who you believe discriminated against you. Please attach additional pages if needed.(Example: I Ol0210q ~Dischargedby Mr. John Solo, Production Supervisor)A}D~.t~:'··A~#.on: .

.. . see attached

Name and TitleofPerson(s)R:espon'siple: _

6. Why do you believe these actions were discriminatory? Please attach additional pages if needed.

See attached

7. What reason(s) were given to you for the acts you consider discriminatory? By whom? His or Her Job Title?

See attached

8. Describe who was in the same or similar situation as you and how they were treated. For example, who else applied for thesame job you did, who else had the same attendance record, or who else had the same performance? Provide the race, sex,age, national origin, religion, or disability of these individuals, if known, and if it relates to your claim of ~is~r~in~tion. Fo~example, if your complaint alleges race discrimination, provide the race of each person; if it alleges sex dlscrlmination, providethe sex of each person; and so on. Use additional sheets if needed.

Of the persons in the same or similar situation as you, who was treated better than you?

A. Full Name Race, sex, age. national origin. religion or disability Job Title

DescriDtion ofTreatJ'nent

B, Full Name Race, sex. age. national origin. religion or disability Job Title

Description of Treatment

Of the persons in the same or similar situation as you, who was treated worse than you?3

Virginia Spidle WIFI571American Chief Accountant

A. Full Name Race. sex. age. national origin. religion or disability Job Title

Description of TreatmentMs. Spidle was terminated because she trained and promoted numerous black females.

Julia Moon

Race. sex. age national origin. religion or disability Job Title

WIFI50lAmerican User Support Specialist

B. Full Name

Description of TreatmentMs. Moon was denied a promotion to Principal Accountant and forced to train the BIF who was promoted.

Of the persons in the same or similar situation as you, who was treated the same as you?

Jerry Nemeth WIMI60/American Principal Accountant

Race. sex. age. national origin religion or disabilitv Job TitleA. Full Name

Description of TreatmentForced to retire after being put on administrative leave for training more BIF.

B. Full Name

Lanelle Driver

Race, sex. age, national origin, religion or disabilitv Job Tjtle

WIFI661American Principal Accountant

Description"ofTreatment . ....... '.- "", ." '. '.".".'.. ' $:he:\Va,sfQrce4to report t() a BIM notasslgned to Fmance. He required her stibordjpatesto report to him.

o Yes, I have a disability

I do not have a disability now but I did have one

No disability but the organization treats me as if! am disabledoo

10. What is the disability that you believe is the reason for the adverse action taken against you? Does this disability preventor limit you from doing anything? (e.g., lifting, sleeping, breathing, walking, caring for yourself, working, etc.).

11. Do you use medications, medical equipment or anything else to lessen or eliminate the symptoms of your disability?

Yes 0 NoDIf "Yes," what medication, medical equipment or other assistance do you use?

12. Did you ask your employer for any changes or assistance to do your job because of your disability?

Yes 0 NoD

If "YES", when did you ask? __ --------- How did you ask (verbally or in writing)? _

Who did you ask? (Provide full name and job title of person)

Describe the changes or assistance that you asked for:

How did your employer respond to your request?

4l~. Are there any witnesses to the alleged discriminatory incidents? If yes, please identify them below and tell us what theywill say. (Please attach additional pages if needed to complete your response)

Lanelle Driver Principal Accountant 710 North 20th St. B'ham., AI. 205-254-2310

A. Full Name Job Title Address & Phone Number

What do you believe this person will tell us?

Familar with the discrimatory actions that were taken against me and the general aimus toward whites. employees

Betty Griggs Principal Auditor 710 North 20th St. B'ham., AI. 205-254-2833

B. Full Name Job Title Address & Phone Number

What do you believe this person wiU tell us?

Familar with the discrimatory actions that were taken against me and the general airnus toward white employees.

14. Have you filed a charge previously in this matter with EEOC or another agency? Yes 0 No[?g

15. If you have filed a complaint with another agency, provide name of agency and date of riling: .

J({IJ.ay¢.yo~sq;vg~th~Ip about this situation from a unionv an attorney, or any other source? Yes ~l~,oD

Pr:bY.ide~afri~·etqt~:a,niza.tfpn; name ofpersonyou.spoke with and-date of contact. Results, if any?

Peg~pql)):; qir-ectpr'Personfwl; €itycif.S'iiirii!J.g!i.am. I filed-a-complaint ofdiscrimation with M::;.Pol~ ?trc:l sp¢ refused toinvi!migatefu)i CQiFptaitit.

Pl'(jiise ~h¢~k'Me9tlh¢b~~e$l:Il.;lowtote{l,usWllat you WOIIJd>li.l<¢'osto dowiththe iItfOrIluiJioD..yOuare pt()Yl~~g on t.hisql:l#!itI9nat~!l;~; Ifyo.uw0.uld'·li!<e to. file a-charge at-job discrimination, you must do so either within tsOdaysfr6ffithe day you knewabout the disctih).in~tion; Of within 300 days from the day you knew about the discrimination if the employer is located in aplacewhere a state or local government agency enforces laws similar to the EEOC's laws. If you do' not file a charge of discriminationwithin the time limits, you will lose your rights. If you would like more information before flling a charge or you haveconcerns about EEOC's notifying the employer, union, or employment agency about your charge, you may wish to check Box1. If you want to HIe a charge, you shouid check Box 2.

o I want to talk to an EEOC employee before deciding whether to file a charge. I understand that by checking this ~ox~Ihave not filed a charge with the EEOC. I also understand that I could lose my rights if! do not me a charge ID time.

Box 1

I want to file a charge of discrimination, and I authorize the EEOC to look into the discrimination I described above. Iunderstand that the EEOC must give the employer, union, or employment agency that I accuse of discrimination

~ information about the charge, including my name. I also understand that the EEOC can only accept charges of jobdiscrimination based on race, color, religion, sex, national origin, disability, age, genetic information, or retaliation foropposing discrimination.

Box 2

Signatu: Today's Date

PRrv ACY ACT STATEMENT: This form is covered by the Privacy Act of 1974: Public Law 93-579. Authority for requesting personal data and the uses thereof are:I. FOIUvI NUMBERJTITLEfDATE. EEOC Intake Questionnaire (9120/08).2. AUTHORITY. 42 U.S.c. § 2000e-5(b), 29 USC. § 211, 29 u.s.c. § 626. 42 U.S.C. 12117(a), 42 use §2000ff·6.3. PRINCIPAL PURPOSE. The purpose of this questionnaire is to solicit information about claims of employment discrimination. determine whether the EEOC has

jurisdiction over those claims, and provide charge filing counseling. as appropriate. Consistent with 29 CFR 1601.l2(b) and 29 CFR J626.8(c), this questionnairemay serve as a charge if it meets the elements of a charge.

4. ROUTINE USES. EEOC may disclose information from this form to other state, local and federal agencies as appropriate or necessary to carry out theCommission's functions. or ifEEOC becomes aware of a civil or criminal law violation. EEOC may also disclose information to respondents in litigation, tocongressional offices in response to inquiries from parties to the charge, to disciplinary committees investigating complaints against attorneys representing theparties to the charge, or to federal agencies inquiring about hiring or security clearance matters

5. WHETHER DISCLOSURE IS MA,'lDATORY OR VOLUNTARY AN"))EIiFECT ON INDIVIDUAL :FOR NOT PROVIDING INFORMATION.Providing of this information is voluntary but the failure to do so may hamper the Commission's investigation of a charge. It is not mandatory that this form beused to provide the requested information.