Commonwealth of Massachusetts Commission Against Discrimination One Ashburton Place ~ Room 601 Boston, MA 02108, Phone: (617) 994-6000 Fax: (617)994-6024 July 29, 2014 Sonja L_Deyoe, Es _ 395 Smith Street Providence, RI 02908 Keebler Co, ‘Attn: HR/Legal Department 17 National Drive Franklin, MA 02038 RE: Aboubacar Syllav, Keebler Co, MCAD Docket Number: 14BEMO00488 EEOC/HUD Federal Charge Number: 16C-2014-01002 Dear Parties ‘The Commission has reesived notice thatthe Complainant intends to file civil action in Superior Court in the above-referenced matter, Pursuant toM.G.L. Chapter 151B, § 9 (Chapter 478 of the Acts of 1974), the complaint before the Commission is hereby dismissed without prejudice as to the merits lease be advised that pursuant to 804 CMR 1.15(2), the parties are required to serve upon the Commission’s General Counsel a copy of any final order obtained in cour. In addition, any party fling an appeal of such final order is required to serve u notice of appeal upon the Commission's General Counsel lease be advised the Complainant is barred from subsequently bringing a complaint on the same matter before this Commission Jamie Williamson Investigating Commissioner ht ce: ‘Aboubacar SyllaCOMMONWEALTH OF MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION, From: Sonja L. Deyoe, Etq. ‘Attorney at Law 395 Smith Steeet Providence, RI 02908, ‘To: Massachusetts Commission Agtinst Disceimination One Ashburton Place, Boston, MA 02108 Phone 617-994-6026 Fax 617-994-6026 . Re: Aboubacar Sylla Ve, Keebler Co, MCAD Docket Number 14BEMO0488; —-EEOCNo: 16C-2014-01002 Dene Commissioner beteby request permission to withdraw my complaint filed with this Commission and if applicable, from ‘the Equal Employment Opportunity Commission, for the following reason: (A) wish to flea private sight of setion in civil court ()_Thave ceached a satisfactory settlement with the Respondent. (.) Tn longer intend to pursue this matter atthe Commission, ‘Authosization for this tequest is indiceted by the following Certification of Withdeswal by Complainant, OR Corifiation of Authorizatina to Withdraw by Counsel Cestification of Withéraval by Complainant Ihave been advised that itis unlawful for any person oc persons to threaten intimidate, oF harass me because I filed w complaint. T have not been coerced into requeatng thie withdrawal Date Print Name have been authorized as Counsel of Record for the Complainant and hve the authority sad pesmission to sign for the Complainant inthis matter, I have advised the Complainant tha it is unlawal for any person or persons to thresten, intimidate, or harass him/her because s/he fled a complaint. Complainant has represented that s/he hus not been coerced into requesting this withdcawal zat [MCAD Withdeval Horm May 2010‘The Commonwealth of Massachusetts Commission Against Discrimination One Ashburton Place , Boston, MA 02108 Phone: (617) 994-6000 Fax: (617) 994-6024 ‘MCAD DOCKET NUMBER: 14BEM00488 EEOC/HUD CHARGE NUMBER: 16C-2014-01002 FILING DATE: 02/26/14 ‘VIOLATION DATE: 09/15/13 ‘Name.of Agerieved Person or Organization: cat Sylla Primary Phone: I ext, cence who diiminaed ‘Named isthe employe, labor organization, employment woe, or iaf/loss govern against: Kesbler Co Director of Human Resoures 17 National Drive Franklin, MA 02038 Primary Phone; ($08)520-7150 ext, No, of Employees: ase Work Location: (Cause of Discrimination based on; ‘National Origin, African; Race/Cotor, Black (Non-Hispanic). ‘The particulars ares 1, Aboubecar Syila, the Complainant believe that! was discriminated against by Keebler Co, on the basis of National rigin, Race/Color. This is in violation of M.G.L, 151B Section 4 Paragraph I and Title VIL, See Attachment, I bereby verify, under the pains and penalties of perjury, that Ihave read this complait aad the allegations contained herein are true to the best of my knowledge (Signature of Complainant) MCAD Docket Number 14BEM00488, Complaint i | ; i SRE LSTA MOENCHARGE OF DISCRIMINATION AGENCY + CHARGE NUMBER 1 Pvacy Aer Statement lore 7] FePa. FEOC. aS Con Nap scene eosetoc |] | “Stuer cs! Agency HOME TELEPHONE dive Arya Code) | 09895 oa NAMEdndicardMR. Ms, Me) " st) CITY, STATE AND ZIP NAMED IS THE EMPLOYER LABOR ONGANZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMMMATED AGATE /fmiore tan one fst beiow) TELEPHONE folie area code) oe ° Sr ean - | Prebler Co |i 160 plus AK 340-1150 Steer ADORESS Gime sTaTE Ao coe oo | 1 _ Fartlio, MAIS ! ro TELERIONE HUME nce Arn Coad | sTREETADDRESS ‘CITY, STATE AND ZIP GOOE ‘COUNTY CADRE OF BSCRRINTON BHGED 9 Geckos oxi DATE BIS aNATON TOOK PACE PME ACen Csr a Jance © [=] coon’ [] sex: [] neucion [] ace rernnnon SbecDierowae ° Josue [—] oven esens enon [7] comuns cron "THE PARTICULARS ARE I edftonal paper Is ceded, attach exte sects: : See Atackga! Lwantthische:ge Rd with boththe €E@€ end the State-orioeal Agtney, IW any | wil advice the agencies | ehaoge my address ot telephone | bes are 1 wil cooperate fly wit them nthe processing of my ‘Sharad In accordance with ek proceedures | dears under panty of par tet the foregoing swe and eoveet, owe carn Fo tir =| EEOC FORM 8 Test 10750) iFEB 26 ane 1, Aboubacar Sylla, do hereby depose and state ey Lama indians he Wh sets SY 1 = Sage 2. The Respondent Kellogg USA, Inc., (“Kellogg”) is a Michigan Corporation with its primary place of business located at One Kellogg Square, Battle Creek, Michigan 49016, 3. The Respondent Steven O'Sullivan is, upon information and belief, a resident of the Commonwealth of Massachusetts who is employed by the Respondent Kellogg as a General : Manager. 4, ‘Whe Respondent David Williams is, upon information and belief, a Massachusetts resident who is employed by the Respondent Kellogg as a shift manager 5. Thave worked for Respondent Kellogg since June 2008 at its facility located at 17 | Forge Parkway, Franklin, MA. | 6. Tam an African American immigrant to the United States who is Muslim, I 7. attended commercial driver’s school to receive his commercial driver's license (CDL) so that he could advance within the Kellogg company. 4 8 obtained my class A license on December 18, 2009 and went on the road with Keebler ’ a couple of times in June of 2011, with coworker Kevin Corbit and his Assistant Manager Scott Kline. In June of 2011, the Assistant Manger Scott Kline told me that I would be listed as a driver after my coworker Mike Dias and complemented me on my driving skills, 9. I began training as a driver for Kellogg's in mid-December of 2011, driving to ‘numerous locations to deliver Kellogg’s stock orders with no issue, both with the assistant ‘manager Scott Kline present with him and other coworker driver's present. 10. I drove with a regulae driver Tim McNamara on January 2, 2012, who stated that T was to drive on my own, 11. _ I drove with co-worker Dwayne Hooper on January 3, 2011 and Dwayne Hooper told my assistant manager Scott Kline that I did fine on the road. 12, _Idrove with co-worker James Guertin, who has more than 30 years experience as a c| commercial driver twice in the Boston area with no isgue 5 13. I drove with co-worker Kevin Corbitt in the Boston area and in New Hampshire with no issue.14. Lalso drove with co-worker Todd Lavigne. Todd Lavigne, a Caucasian, stated he was not comfortable with me on the road. Lavigne has made numerous comments about me in the break room, even calling me stupid because of my accent which Defendants O'Sullivan and Respondent Kellogg were aware of at the time Lavigne made comment about my driving abilities. 15. _ was never given any verbal or written warnings in relation to his driving skills on the road for Respondent Kellogg. 16. On Jamuary 6. 2012, I was told I would not be listed as a driver by Respondent O'Sullivan because I was an unsafe driver who had road rage. 17. _ Respondent O’Sullivan told me to go back to truck driving school to obtain a statement from his driving instructor about his driving skills, 18. procured a statement from my driving instructor and other drivers in the company about my good driving skills and provided them to Respondent O'Sullivan, Additionally, I went back commercial driver's school to drive to maintain my proficiency and watch a safety video in February 2012. 19. My coworker James Guertin was very upset when he found out that Respondent O'Sullivan was not going to list me as a driver for Respondent Kellogg in January 2011 and informed Respondent O'Sullivan of this in writing. 20. Respondent O'Sullivan has never driven with me. To my knowledge none of the drivers or assistant managers who drove with me during his training sessions ever stated that 1 had road rage. 21, _ I believes that Respondent O'Sullivan decided not to list and act against me because I am African American, and that Respondent 0’Sullivan seized upon the statement of the Caucasian co-worker Todd Lavigne, to justify this decision, 22. Despite being told he had road rage, and not being listed as a driver for Respondent Kellogg, I was still allowed to continue to drive on the road on repeated occasions for Respondent Kellogg 23. _ By not listing me as a driver, the Defendants Kellogg and Respondent O'Sullivan were able fo list a Caucasian worker, Sean Hamel as a driver on Kellogg's driver list. 24. Sean Hamel obtained his commercial drivers license more than one year after me in 2010. 25. _ Prior to me not being listed, Respondent Kellogg had added drivers to its driver list according to the date the driver had received their commercial driver's license.to.a hostile work environment permeated by racist and biased remarks. 39. In addition to the harassment and discrimination I have endured, T have witnessed other African American co-worlcers endure harassment and discrimination at Respondent Kellogg since at least 2007, AO WIrer TT WER WOT, TOT RERPONTEAT RETO, T WHMESSET A REMOTE MATTER, Authur Cacice, acting racist toward one of his coworkers Rai DeCase who was African American, and an immigrant from Angola. 41. Twas aware that Manger Authur Cacice told his coworker Rai DeCase that he was going to tie his hands and feet together and drag him around the truck yard and that there was nothing DeCase could do about it because no one would believe him as Authur Cacice, the ‘manager, was Caucasian and that Rai was Black, 42. Tam also aware that Manager Authur Cacice denied Rai DeCase the opporninity 10 ‘operate a fork lift despite his being listed as a fork lift river by Kellogg, when Caucasian workers with less experience operating a forklift were allowed to drive. 43. I witnessed manager Authur Cacice forcing Cyler Silva, an Aftican American, to work harder and complete big trips of between 800 and 1200 cases a shift when the Caucasian i ‘workers had smaller caseloads. | 44, Tknew that after Rai DeCase reported this mistreatement by Authur Cacice that Rai | DeCases was terminated. + | | 45. During the period that reports were made about Authur Cacice’s treatment of Rai DeCases and Cylet Silva, the General Manager was Steve O’Sullivan. 46. Lam aware that on March 12, 2009, Sylvester Cyler, an African American man and one of my coworkers, filed « grievance against his shift manager, Authur Cacice alleging that Cacice was racist. 47. Lwitnessed Authur Cacice act in response to this grievance by badgering Sylvester Cyler, cutting his hours, threatening to fire him, and getting into Cyler’s face, pointing his finger in Cyler’s face and calling Cyler a monkey. 48. In 2009-2010, { was aware that Sylvester Cyler, who was working two jobs requested 2 that his shift manager, Respondent Dave Williams allow him to work second shift. Cyler was told no. 49, Ihave repeatedly witnessed Caucasians being allowed to frequently change their shifts and Tam aware of no one other than Cyler who was not allowed to change his shift 50. In 2008, my hours were cut and two individuals, Tom Suss and Mike Dias were hired in | July or August 2008 full time because they had their Commercial drivers license.51, Despite receiving my CDL license in December of 2009, 1 was not hired back to my position with Kellogg, despite his seniority over Tom Suss and Mike Dias until January 2010, 52. In 2010, Respondent Kellogg again laid me off and several of his coworkers. Myself and Sylvester Cyler, two African American employees, were the last individuals called back to a REPO SU TT TF 53. When I was finally brought back full time, T was told that the only way I was able to work full time was if I could pick cases at a rate of 600 per hour. [fnot, I could not work, No Caucasian individual was subject to these restrictions when they.returned to work. 54, In September of 2012, a coworker Nile Reed called my daughter a monkey after I showed him a picture of his daughter. 55, —_Treported this remark to his supervisor, Respondent Dave Williams and General Manager Respondent O'Sullivan. 56. Respondent O'Sullivan, told me that the monkey comment about my daughter was a joke and to disregard the comment, No further action was taken. 57. During the entire period of his employment, one of my coworkers, Joseph Spanpinato hag repeatedly made fun of my race, country of origin and religion, repeatedly calling me a and saying “Praise Allah” when Iwas around. 58. Joseph Spanpinato has similarly made vacist statement against Cyler, repeatedly calling tim «a 59. Joseph Spanpinato belittles my foreign ancestry by repeatedly imitates me by mumbling ‘when he talks in front of his other coworkers, 60. In September 2013, Joseph Spanpinato stated in front of my co-worker John MeDermott that the [had a venereal disease. 61, _ In July of 2013, Joseph Spanpinato stated that because Tam from Africa, and black, T have AIDS and that the I am a “stupid African.” 62. _In March 2009, I told Manager Steve O'Sullivan that his former coworker Ben Medina called him a slave named Tobby. 63. Respondent O’Sullivan was angry at me for reporting being called a Slave by my co- worker. Respondent O'Sullivan stated that it was just a joke. I was not able to finish my job tasks that day due to the overt nature of the racist and discriminatory statements I was required to endure, 64, _ Inlate December 2012, and early January 2013, Joe Spampinato said he was going tofight Cyler and called him a ggg 65. I know that Managers David Williams and Mr, 0°Sullivan both knew about Joe Spampinato calling Cyler a ngs and threatening him, but neither did anything. 66,__ Tam also aware that Cyler called Respondent Kellogs Human Resources representative anton Bird m July of ZOTS because Joe Spampinato repeatedly referred to Cyler as a gga and that Respondent sent Bird to co an investigation, 67. _ 1am aware that despite Shannon Bird coming to the workplace, Joe Spampinato continues to call Cyler a nAgggm. Management did nothing to stop change the hostile work environment created by the intentional harassment and discrimination that I and other African Americans have been subjected to. 68, My-co-worker Manny Cotta, who is African American, told Respondent Williams that Joe Spampinato repeatedly called Cyler a id stated he was going to “agt(Cyler) up” on a regular basis when Cyler was on my vacafton in July 2013. 69. Despite this knowledge, Respondent David Williams said and did nothing about Manny Cotta’s report, Joe Spampinato’s actions, and the hostile work environment caused by these statements, 70. In August or September of 2013, Cyler was told by co-worker Tom Sus that Joe ‘Spampinato admitted to Suss that Spampinato had called Cyler a Td ‘at work, 71. _ In October 2013, When Cyler went on break at 10 O'clock, Cyler was logged into the thitd trip when his co-worker John MeDermot took it upon himself to go into the office and tell Dave Williams, the manager, to log Cyler out ofthe trip and that he, McDermot, was going to pick telling Respondent Williams he should tell Cyler to go clean or do something else. 72. When he returned from break, Respondent Williams told Cyler that John McDermot was going to pick and not Cyler and when Cyler asked Dave Williams to go home. He raised his voice at Cyler and said "no” and that Cyler should go sweep, which Cyler refused 73." Respondent Williams then told Cylet that he was stil angry because two weeks earlier Cyler brought up the fact that Respondent Kellogg and his managers believed Joe Spampinato and not Cyler when Cyler told Management that Joe Spampinato called me a NI 74, Atthat time, Respondent Williams told Cyler to go home and not come back until Cyler saw the business agent. 75. On Tuesday, October 15, 2013, not a week later, Joc Spampinato went to the office because it was his tur to palletize and he did not want to do it. 76. _ Joe Spampinato asked Respondent Williams if he could drive the forklift and have I palletize as he did not want to work next to Cyler.77. Respondent Williams told Joe Spampinato to palletize but Joe Spampinato told him no and refused to perform the task. Joe Spampinato was not suspended or sent home or told to see the business manager before he returned to work. TApoatear Sy STATE OF RHODE ISLAND Abou bacar PROVIDENCE, $.C. Abeubace & mths /7 ay of February id Nee Sylla appear before me and swear to the above statements of his own free will and deed, = A peo sedbolary Public [apt My commission expires