Case 1:21-cv-00161-LEK-CFH Document 1 Filed 02/10/21 Page 1 of 10

United States District Court

Northern District ofNew York
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David A. Cannady,
1:21-cv-161 (LEK/CFH)
Plaintiff, Complaint

vs.
Jury Trial Demanded
Ulster County Resource Recovery
Agency and Charles Whittaker,

Defendants.
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Plaintiff David A. Cannady brings this action to redress the racial discrimination that

transpired during his employment, culminating in his wrongful discharge in retaliation for

complaining about the hostile work environment.

I. Parties.

1. Plaintiff David A. Cannady is an African American male who resides in Kerhonkson,

New York, within this judicial district.

2. Defendant Ulster County Resource Recovery Agency (UCRRA) is a municipal agency

which has its office in Kingston, New York, within this judicial district.

3. Defendant Charles Whittaker is an individual who resides within this judicial district

and was Plaintiff's supervisor at UCRRA.

II. Jurisdiction and Venue.

4. As Plaintiff brings this action to enforce his federal civil rights, this Court has subject

matter jurisdiction under 28 U.S.C. §§ 1331 and 1343(a)(3) & (4), and 42 U.S.C. §§ 1981 and

2000e (Title VII of the Civil Rights Act of 1964).

5. On May 29, 2018, Plaintiff timely filed a charge of discrimination with the Equal
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Employment Opportunity Commission. On January 23, 2021, the EEOC issued Plaintiff a

right-to-sue letter, allowing him to proceed in this Court.

6. As the state law claims arise from the same nucleus of operative facts as the federal

claims, this Court has supplemental jurisdiction over them pursuant to 28 U.S.C. § 1367

7. The events giving rise to this action arose in County of Ulster, within this judicial

district.

III. Statement of Facts.

8. On September 20, 2013, Plaintiff commenced employment with UCRRA as a Line

Sorter.

9. Plaintiff worked Tuesday through Saturday, from 8:30 a.m. until 4:30 p.m. He was

paid $14.28/hour.

10. The UCRRA, according to its website, is "a public benefit corporation which was

formed for the purpose of developing, financing, and implementing a comprehensive

county-wide materials management program. The Agency manages solid waste consistent with

the policies set forth in the New York State Solid Waste Management Plan."

11. Commencing in mid-2014, and continuing through the end of his employment in

February 2018, Plaintiff, the only black employee at UCRRA, was repeatedly subjected to

unwelcome racist epithets from co-workers, supervisors, and his supervisor, Operations Manager

Charles Whittaker, who is White.

12. However, Defendant did not timely or properly address or remedy Plaintiff's internal

complaints about this discrimination and harassment.

13. Charles' brother, Willie Whittaker was also an employee at UCRRA. Willie has a

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visible tattoo of a swastika on his arm. Plaintiff found this swastika to be demeaning,

intimidating, and a warning to people of color. While he was aware of the tattoo, Whittaker did

not admonish Willie for his offensive, visible tattoo. Nor did Charles Whittaker directed Willie

to cover the tattoo, as it was visible to the public.

14. On a near-daily basis throughout his employment, Plaintiff was subjected to racial

epithets from co-workers, including Willie Whittaker, Bill Parkens and Andrew Tubbs. Co­

workers called Plaintiff such names as black crow, nigger, and spook. When Plaintiff told

Charles Whittaker about these comments, Whittaker said they were "just kidding."

15. Plaintiff was also not treated as an equal by his coworkers. On numerous occasions

over the course of Plaintiff's employment with the agency, when Plaintiff walked into the break

room, conversation would cease, as if Plaintiff were an outsider.

16. During his employment, management subjected Plaintiff to false accusations such as

violation of safety rules. However, white employees, working in the same manner, were not so

accused.

17. Throughout Plaintiff's employment, Charles Whittaker falsely accused Plaintiff of

various safety violations, including failure to wear his hard hat. White employees did not

consistently wear a hard hat but were not reprimanded. Nor were white employees subject to

false accusations of safety violations.

18. On a regular basis throughout Plaintiff's employment, both Charles and Willie

Whittaker also told Plaintiff how hard it is to be the only whites living in their neighborhood.

19. Willie Whittaker told Plaintiff in Spring 2014, "David, we were here first." Relatedly,

in Spring 2017, Willie Whittaker said, "I have seen your kind come and go and good old Willie

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is still here. Remember that."

20. In June 2014, the racial bias at UCRRA became particularly harsh. For a short period

of time, a second employee, also named David, also worked at UCRRA. When both Davids were

working at UCRRA, Plaintiff was referred to as Black Dave and the white employee was referred

to as Dave. Co-workers used the term Black Dave when speaking to or about Plaintiff. Charles

Whittaker overheard this discriminatory practice but said nothing.

21. Throughout Plaintiff's employment, Whittaker routinely called Plaintiff lazy. In fact,

Plaintiff was a hard worker. During his five years of employment at UCRRA, Plaintiff was only

late to work twice, due to weather conditions, and he only called out sick on four occasions.

Whittaker did not refer to any other employees as lazy.

22. Starting in December 2017, Charles Whittaker continuously directed Plaintiff to

"shine" the bathroom. White employees were not directed to clean the bathroom.

23. To further humiliate Plaintiff, Charles Whittaker described how he loves comedian

Richard Pryor and rap singer LL Cool J. Whittaker also said he had a friend named Tyrone.

Starting in spring 2016 until the end of Plaintiff's employment, Whittaker also repeatedly told

Plaintiff that he has a Black friend, that he loves Black comedy, Black music, and Black food.

Whittaker intended to place Plaintiff on the spot with these patronizing comments, making

reference to prominent African-American entertainers and his Black friend.

24. In August 2016, Plaintiff had a family emergency. Plaintiff had to retrieve his

granddaughter who was removed to Florida without the permission of her family. Plaintiff was

due to return to work on a Tuesday. Due to the nature of the urgent situation in Florida, Plaintiff

learned that he would be two days late in returning to work. Plaintiff so informed one of his

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supervisors, Donnie Markle, who directed Plaintiff to inform Charles Whittaker as well. When

Plaintiff did so, Whittaker said Plaintiff would not be permitted back on UCRRA premises for an

additional five days, and that after the five-day period, Whittaker and UCRRA Executive

Director Timothy Rose would discuss whether Plaintiff still had a job.

25. Plaintiff, distraught and in the process of rescuing his granddaughter, called Rose to

explain his situation, stating in a voice message that he had to attend family court in Florida on

the date he was supposed to return to work. Rose did not respond to Plaintiff, but he played the

voice mail message to Charles Whittaker, who frequently discussed this message with others in

the workplace.

26. When Plaintiff returned to work, Charles Whittaker told him, "technically, she is not

your granddaughter" even though Plaintiff has been the child's grandfather since she was five

months old.

27. Charles Whittaker immediately suspended Plaintiff for one week and said, "You are

lucky to still have a job. I am the Master to pass at the gate and you need to remember that." He

also warned Plaintiff to never talk to Rose again about any of his workplace complaints. In fact,

Whittaker said, "I am the Son and Tim is the Father. To get to Him you must go through me."

Whittaker often repeated this command.

28. In summer 2016, customers would tip employees at the transfer station when

employees assisted them in unloading garbage. Charles Whittaker told Plaintiff, "Boy, you get

paid by us, not them, you understand me?" White employees endured no such criticism.

29. In or about February 2017, UCRRA employees had to attend a harassment class.

When Plaintiff said the class was not good enough, Rose responded, "You can talk to the

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company's lawyer."

30. In April 2017, Plaintiff and a White co-worker, Wayne Ward, went to gather

electronic waste from the main office. While Ward utilized the bathroom at the main office,

Plaintiff waited to use the bathroom at the sorting facility. Ward asked Plaintiff why he did not

use the bathroom at the main office. Plaintiff replied that the main office bathroom is White's

only.

31. When Charles Whittaker learned about Plaintiffs conversation with Ward, he asked

Plaintiff why he described the main office bathroom that way. Plaintiff said, "that's how this

place treats me." Whittaker warned Plaintiff to never make such comments in the future and said

he was lucky to have a job. Whittaker also said that Plaintiff needs to "learn his place."

32. One day in spring/early summer 2016, Charles Whittaker was wearing an expensive

watch. Whittaker said to Plaintiff, "It's Gucci, nigg" and laughed.

33. In or about May 2017, co-worker Andrew Tubbs showed Plaintiff a photo of a

Klansman standing in front of a burning cross. Tubbs also told Plaintiff that he, Tubbs, is an

honorary "brother" because he is friends with a Black driver who works for Waste Management.

When Plaintiff reported this racism to Charles Whittaker, his only response was, "Andrew is

harmless and he is just joking."

34. Tubbs once complained that Plaintiff failed to abide by his "orders" regarding

scheduling. Plaintiff reminded Tubbs that only their supervisor changes scheduling. One week

later, Charles Whittaker demanded that Plaintiff do whatever Tubbs wants him to do.

35. In September 2017, Plaintiff told Charles Whittaker that he witnessed Willie

Whittaker collect money from his private customers while on UCRRA property. Whittaker told

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Plaintiff to mind his own business.

36. On or about September 20, 2017, a customer ofUCRRA, Oscar Jones, asked Bill

Parkens to see Plaintiff. Parkens replied to Jones, "that nigger is over there someplace."

37. Jones immediately reported the discrimination to UCRRA Board Member Charles

Landi and arranged for Plaintiff and Landi to meet on October 17, 2017. During the meeting,

Plaintiff and Landi discussed the racial bias and harassment at UCRRA. In response to his

complaints, Landi simply said, "It will get better. Keep me informed. You could learn a lot from

Charlie."

38. Charles Whittaker repeatedly said to Plaintiff, "David, you're lucky you even have a

job with your background." When Plaintiff told Whittaker what Parkins had said, Whittaker

responded, "I can't see Bill doing that."

39. In October 2017, Plaintiff was written up for using his cell phone while on duty

because he set his phone on a metal bar to play a movie while he sorted plastics. Plaintiff told

Whittaker that he was performing his job while glancing at his phone and pointed out other men

who were also using cell phones in the same manner. Charles Whittaker replied, "David, I am

talking about you, not them." Whittaker was applying a different standard for White employees.

40. In November 2017, Charles Whittaker told Plaintiff that he could not wear a Batman

sweatshirt beneath his uniform/jumpsuit and threatened that if Plaintiff wore the sweatshirt again,

Whittaker would place him on part-time status. Plaintiff reminded Whittaker that Willie

Whittaker was permitted to wear whatever he wanted under his uniform. Whittaker said, "it's not

my concern." At no time was Plaintiff's sweatshirt visible to the public.

41. In November 2017, overwhelmed, Plaintiff asked Jeff, the Shop Steward for

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Teamsters Local 445, for help dealing with pervasive racism at work. Jeff responded, "David,

you got to learn your place and it will get better ifthe company does merge with the other two

counties."

42. In January 2018, following a racial epithet from Andrew Tubbs, Plaintiff talked "slave

talk" to him. Plaintiff said sarcastically, "Massah Charlie needs me to be a good nigg and I tries to

listen but you knows us darkies canna learn." Plaintiff then asked Tubbs ifhe wanted Plaintiff to

speak like this in the workplace. Tubbs replied, "You should talk like that all the time and that

way you can do better here. I love it when you act like that because it shows that I am in charge

and you need to listen to me."

43. On February 17, 2018, Charles Whittaker told Plaintiff, "You are lucky your ass still

has a job. Remember, David, you need me and I don't need you. I get job offers all the time. I

have been doing this business for over 25 years. You, on the other hand, won't be able to find a

place like this. Know your damn place!"

44. In February 2018, Plaintiff was directed to watch a customer dump gravel. Plaintiff

did as he was told, but he suffered from a bout ofdizziness, a medication side effect. Plaintiff sat

down for a few moments. Immediately, Willie Whittaker phoned Charles Whittaker and reported

that Plaintiff sat down. Then Donnie Markle, a white supervisor, said to Plaintiff, "Charlie wants

you to stand up."

45. Throughout 2017-2018, Whittaker frequently allowed his White friend, co-worker Joe

Coffey, to take one-hour breaks. When Coffey took his breaks, all production ceased. When

Plaintiff took a briefbreak to use the rest room, he received the following message from

Whittaker, "David, where are you? I don't see you on camera. You are supposed to be picking

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cardboard."

46. Throughout his employment, Plaintiff reported the constant racial bias to Charles

Whittaker, Timothy Rose, UCRRA Board members Charles Landi and Fred Wadnola, and

Kenneth Gilligan, Esq., the agency's attorney. Despite these complaints, the racial harassment

continued and, to Plaintiff's knowledge, UCRRA did not investigate the allegations.

47. On February 20, 2018, Rose and Charles Whittaker told Plaintiff he was terminated

for leaving water running in a bathroom sink, which management said was "sabotage against the

facility." This allegation was untrue. Plaintiff did not attempt to sabotage the facility.

48. Rose and Charles Whittaker also told Plaintiff that he was terminated for talcing time

off to take care of his granddaughter's custody matter. That excuse was a pretext as well, as the

custody issue in Florida took place more than one year earlier.

49. The racial harassment and discrimination described herein markedly changed the

terms and conditions of Plaintiff's employment for the worse.

50. The racial bias, harassment and discrimination has caused Plaintiff to suffer anxiety,

public humiliation, embarrassment, shame, stress, and emotional distress, and physical

manifestations thereof, and loss of enjoyment of life. In fact, he was treated medically for

anxiety.

51. Plaintiff's unlawful termination has cost him wages and benefits.

IV. Causes of Action.

52. Plaintiff incorporates the above allegations as if fully restated herein.

53. Defendants subjected Plaintiff to a racially-hostile work environment in violation of

Title VII of the Civil Rights Act of 1964, Section 1981, and the New York Executive Law.

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54. Defendants retaliated against Plaintiff for objecting to the racially-hostile work

environment in violation of Title VII of the Civil Rights Act of 1964, Section 1981, and the New

York Executive Law.

IV. Prayer for Relief.

Wherefore, Plaintiff prays that this Honorable Court:

1. Accept jurisdiction over this case;

2. Empanel a jury to hear and decide this case;

3. Award to Plaintiff compensation for lost wages and future lost income, or front pay;

4. Award to Plaintiff compensation for pain and suffering;

5. Award to Plaintiff punitive damages for the violation of his federal rights;

6. Award to Plaintiff attorneys' fees for successfully prosecuting this action; and

7. Award such other relief deemed just and proper.

Dated: February 10, 2021

Respectfully submitted,

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Bergstein & Ullrich

5 Paradies Lane
New Paltz, New York 12561
(845) 469-1277
Counsel for Plaintiff