Mediation with Carolinas Healthcare System Cancelled

In August 2011, Carolinas Healthcare System agreed to mediation, and it took about ten days to settle on a mediation date.  Yet, that date was cancelled by either the U.S. EEOC ADR Mediator or CHS.  I am uncertain of which entity made the final call, but below is the dialogue that I had with the Alternative Dispute Resolution Mediator from the EEOC office via phone call.

***Beginnning of notes***

When asked who I was bringing, I said "my Mom and Dad."  The ADR Mediator immediately asked me "Ms. Blocker, How old are you?"  I was speechless and offended. I told her age 40, almost 41 and that I did not know how to take that question.  She stated that most people unless they are younger bring someone with a more objective opinion.  I told her that I was told that I could not bring other Carolinas Healthcare System employees.  I also did not want to ask anyone to take off from their job considering that based on the legal advice received that I would not be able to reach a settlement offer that was satisfactory to me.

She then asked me what (amount) that I was looking for.  I told her six figures based on the fact that  each of my open EEOC charges had a 300K cap on them.  She stated that because I did not have a six figure salary that my settlement would not be six figures.  I told her that if Carolinas Healthcare System wanted to settle this case without further investigation, it would cost them six figures or a position with full benefits plus one year backpay.  If I don't get either of those things, then "no deal."

She states that the attorneys have told you and I have told you that your case is not worth six figures, but you feel that you know more than we do despite the fact that we have more experience with these types of cases.

I told her that I will have the charges investigated before I settle for less. She states that she may cancel the mediation. She has to call the other party (CHS Attorney).  She says that it would look good on her befhalf if she was to win a six figure settlement.  She also stated that they (Carolinas Healthcare System) must have really upset you.  She will call the other party (CHS) and let me know if the mediation is going to hold.

She emailed me later that the mediation was cancelled and my EEOC charges were sent to the EEOC Enforcement/Investigations department.

***End of notes***

It has been suggested recently to me that the mediation should have been held to begin dialogue between the two parties.   (CHS and I)

What do you think?

Carolinas Healthcare System is NOT an Equal Employment Opportunity Employer

"They (Carolinas Healthcare System) were not going to give the (budgeted hairdresser) position to just anyone. (You see) I have a mortgage." -   From The White hairdresser to the Black hairdresser.

I am never going to forget this statement that the White CHS employee told me when I revealed to her that CHS gave her the hairdresser position that I had waited on for five years.

The truth be told - it should not matter if I rent or if I have one mortgage, two mortgages, or three mortgages, Title Vii says that employers should provide Equal Employment Opportunity.

I did not respond to this new White hairdresser, because for her to make such an ignorant statement, meant that me debating with her would be a lost cause.

Well, in the picture above, you will find our 2011 CHS Phonebook listings.  In regards to the listing on the right, I made a copy of the original and scratched out the White hairdresser's real name and business phone number to protect her identity.  My fight is not with her.

As you can see, if you compare my listing to her listing, she was never committed to the Hairdresser position. We have the same department information, but her title, work phone number, and CHS physical address always remained associated with her desk job(s). Within a month of working the hairdresser position, she reduced her work hours and went back to working her Registrar's position part-time at a different Carolinas Healthcare System facility.

Her part-time registrar's position did not carry benefits nor paid time off (PTO).  However, the budgeted hairdresser position DID carry benefits and paid time off.  Between the two part-time CHS positions, hairdresser and registrar, the White employee was getting full-time work hours with full benefits and accruing paid time-off from the work hours of both positions.  Carolinas Healthcare System was giving her a "sweet deal."

I had more seniority with Carolinas Healthcare System than this new White hairdresser, and I had been working as a hairdresser in a PRN status in a non-budgeted capacity for five years.  So Carolinas Healthcare System grants this White woman two part-time positions equalling full benefits, and I can not even get the opportunity to get one budgeted part-time position?

So if you are Black and/or if they assume that you do not have a mortgage, then you may not want to count on getting equal employment opportunity with Carolinas Healthcare System.

Yes, I know, the Chief Human Resource Officer at CHS is a Black woman, and she has been in that position the whole time that I have been discriminated and retaliated against. You can draw your own conclusion on this matter.

CHS grants Favorable Eligibility for Rehire

So I made an appointment to view my Carolinas Healthcare System's personnel file.  The friendly CHS staff escorted me to a workroom. There were several document icons on the computer desktop available for me to click and read upon arrival.  These icons included my years of successful performance appraisals, and my termination summary.

The reason for my termination was "staff reduction." (This means layoff.)

Eligible for Rehire? YES! 

Of course, I caught myself from rolling out my chair in laughter.

There was nothing else in my "public" personnel file.  It took me hours to process this information considering my unsigned separation agreement which was not a part of this personnel record stated:

"In exchange for the Severance payments and other consideration provided hereunder by CHS, Employee agrees not to re-apply for employment with CHS or any of its affiliates, successors, or managed entities."

So for under $1,500.00 - CHS, being the largest employer in this region, wanted me to never apply at any of their facilities ever again.  But since, I did not take the thousand dollar offer, I continued to be eligible to work for them?  Yet, they refused to offer me an opportunity to be an independent contractor with their attorneys stating that it was futile to seek such an opportunity.

I find that the messages delivered over the years have been contradictory in nature. It has been reported that the Chief Human Resources Officer's salary is over one million a year, but I am assuming from my limited correspondence with her years ago up until present that she is not micro-managing the Human Resources department.

My grievance is centered around failure to be promoted to a budgeted part-time hairdresser position.  If I encountered this kind of drama at this lower level position, it would be safe to say that the organization has much larger problems unless you are at the executive level.

The US Department of Labor supposedly have investigated Carolinas Healthcare System because CHS co-owns their MedCost employee benefits management company.  This relationship can be considered a conflict of interest.

Between the US Equal Employment Opportunity Commission and the US Department of Labor, I find both government agencies tread lightly regarding Carolinas Healthcare System.

My surprisingly favorable eligibility for rehire may stem from me not having any write-ups  nor poor evaluations.  I only begged for fair treatment and equal employment opportunity. I was subjected to repeated failures to promote while watching them bring in one White hairdresser after the next by the end of my seven years of service.

I have repeatedly asked Carolinas Healthcare System to resolve this wrong, and their past response has been that I have no legal right to anything except to apply for other CHS jobs since I did not accept the separation agreement.

I understand that many of the people associated with all the workplace drama  that I encountered are no longer with the company, but how does that compensate me for the mental anguish, the emotional distress, the failure to be promoted based on employee discrimination, and periodic retaliation?