Uploaded by Kivva Williams

EEOC Rebuttal

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REBUTTAL TO RESPONDENT’S POSTION STATEMENT
January 5, 2020
RE: Petitioner’s Rebuttal to Respondent’s Position Statement
Kivva Greenlee- Williams v. Kentucky Cardiology PLLC
EEOC Charge NO. 474-2020-00008
This rebuttal is submitted on behalf of myself, Kivva Greenlee- Williams as a rebuttal to the formal
response from Kentucky Cardiology PLLC, (“Kentucky Cardiology”) entered on December 23, 2019 in
response to the above reference Charge filed by myself, Kivva Greenlee- Williams of discrimination on
the basis of race and retaliation.
I.
REBUTTAL TO BACKGROUND INFORMATION
Kentucky Cardiology is deeply committed to a policy of equal employment opportunity for all of its
employees. We actively seek and employ qualified persons in all job classifications and administer all
personnel actions affecting employees without discrimination on the basis of age, race, color, religion,
sex, sexual orientation, national origin, physical or mental disability. (See Employee Handbook enclosed
as Exhibit A) Kentucky Cardiology makes reasonable accommodations where it would not impose an
undue hardship on the company. Kentucky Cardiology also makes reasonable accommodations for the
religious obligations of its employees.
Anyone who believes the EEO policy has been violated by a manager, supervisor, co-worker, customer,
patient, or vendor should promptly notify his or her supervisor (Id. Equal Employment Opportunity
Policy on Page 9).
Hereinafter the Equal Employment Opportunity policy shall be referred to as the EEO Policy. Based on
what is written in the EEO Policy”; there were several instances violated in the above EEO Policy.
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I.e., Kentucky Cardiology stated they seek and employ qualified persons in all job
classifications… This not a true statement, Kentucky Cardiology is known for employing
unqualified managers and supervisors. They hire managers without the proper college
education, experience and/or skill- set to properly perform their daily task. Due to the lack of
experience is why we are embarking on the EEO Charge.
I.e., I went to Stephanie Stephens on three different occasions to discuss the severely damaged
moral and rapport of the company since she hired Kimberly Novack as the Check- In and Check
Out supervisor. I informed Stephanie Stephens that Kimberly Novack was displaying some
discriminatory characteristics, Stephanie Stephens was untactful and completely disregarded
my complaints, which is why none of my complaints were taken seriously or formally recorded.
However, the concerns of one person’s complaint regarding Kimberly Novack’s unethical and
discriminative integrity was properly recorded in an African American employee’s file, which
can be divulged later, if necessary. Again, nothing was done to reprimand and/or acknowledge
such acts towards individuals of another race.
Lastly, there has never been an African American hired as a part of the management team in
the history of Kentucky Cardiology. In the EEO policy states, “We actively seek and employ
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REBUTTAL TO RESPONDENT’S POSTION STATEMENT
qualified persons in all job classifications and administer all personnel actions affecting
employees without discrimination on the basis of age, race, color, religion, sex, sexual
orientation, national origin, physical or mental disability”. If a census was performed on the
different ethnicity hired at Kentucky Cardiology, it would basically state, through their lack of
diverse management team, not one African American was qualified to fulfill a management
position at Kentucky Cardiology.
Furthermore, the Kentucky Cardiology Handbook states the following (Page 19 – 20):
Violations of Standards of Conduct
Occurrences of any of the following violations, because of their seriousness, may result in
immediate dismissal without warning:
• Willful violation of any Kentucky Cardiology rule; any deliberate action that is extreme in nature
and is detrimental to the practice’s efforts to operate profitably.
Violations of Standards of Conduct
Occurrences of any of the following violations, because of their seriousness, may result in
immediate dismissal without warning:
• Willful violation of any Kentucky Cardiology rule; any deliberate action that is extreme in nature
and is detrimental to the practice’s efforts to operate profitably.
• Insubordination or refusing to obey instructions issued by your supervisor or Practice Manager
pertaining to your work; refusal to help on a special assignment.
• Negligence or any careless action which endangers the life or safety of another person.
• Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and
lack of harmony; interfering with another employee on the job; willfully restricting work output
or encouraging others to do the same.
• Being intoxicated or under the influence of controlled substance drugs while at work; use of,
possession, or sale of controlled substance drugs in any quantity while on practice premises
except medications prescribed by a physician which do not impair work performance.
• Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone on
practice premises or when representing Kentucky Cardiology; fighting, or horseplay or provoking a
fight on practice property, or negligent damage of property.
• Unauthorized possession of dangerous or illegal firearms, weapons, or explosives on practice
property.
• Threatening, intimidating or coercing fellow employees on or off the premise at any time, for any
purpose.
• Engaging in an act of sabotage; willful or with gross negligence causing the destruction or damage
of practice property, or the property of fellow employees, patients, referring physicians, or visitors
in any manner.
• Theft of practice property or the property of fellow employees; unauthorized possession or
removal of any practice property, including documents from the premises without prior permission
from management; unauthorized use of practice equipment or property for personal reasons; using
practice equipment for profit.
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REBUTTAL TO RESPONDENT’S POSTION STATEMENT
• Dishonesty; willful falsification or misrepresentation on your application for employment or other
work records; lying about sick or personal leave; falsifying reason for a leave of absence or other
data requested by Kentucky Cardiology; alteration of practice records or other practice documents.
reason for a leave of absence or other data requested by Kentucky Cardiology; alteration of practice
records or other practice documents.
• Giving confidential or proprietary practice information to competitors or other organizations or to
unauthorized practice employees; breach of confidentiality of personnel information.
• Immoral conduct or indecency on practice property.
Occurrences of any of the following activities, as well as violation of any Kentucky Cardiology rules
or policies, may be subject to disciplinary action, including possible immediate dismissal. This list is
not all-inclusive and, notwithstanding this list, all employees remain employed at will. • Giving
confidential or proprietary practice information to competitors or other organizations or to
unauthorized practice employees; breach of confidentiality of personnel information.
reason for a leave of absence or other data requested by Kentucky Cardiology; alteration of practice
records or other practice documents.
• Giving confidential or proprietary practice information to competitors or other organizations or to
unauthorized practice employees; breach of confidentiality of personnel information.
• Immoral conduct or indecency on practice property.
Above, I have highlighted two Violations of Standards of Conduct which were abused by Stephanie
Stephens and Kimberly Novack.
Stephanie Stephens offered me an alcoholic beverage drink during work hours in her office in front
of another co- worker; (An Affidavit can be submitted, upon request)
• Being intoxicated or under the influence of controlled substance drugs while at work; use of,
possession, or sale of controlled substance drugs in any quantity while on practice premises except
medications prescribed by a physician which do not impair work performance.
Kimberly Novack made an unprofessional comment regarding me to another co- worker in my
absence, which is engaging in behavior designed to create discord and lack of harmony in the
workplace.
• Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and
lack of harmony; interfering with another employee on the job; willfully restricting work output or
encouraging others to do the same.
Based on those 2 events by management those were grounds for immediate dismissal without
warning according to the company handbook. However, nothing was ever done due to the fact that
Stephanie Stephens controls Human Resources at Kentucky Cardiology.
II.
REBUTTAL TO FACTS
This section states that I started working at Kentucky Cardiology Lexington location on or around June 5,
2015 as a Front Desk Checkout Clerk and listed my duties, when in fact, I started working at Kentucky
Cardiology on February 23, 2015, through Remedy Intelligent Staffing Agency; as a Front Desk Clerk, not
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a checkout clerk. I was not asked to transfer to checkout until February 2019. Which lead to being
crossed trained in other departments, such as: insurance precertification department. I was the only
employee trained to properly work front desk check- in, checkout and insurance precertification.
A. Ms. Greenlee- Williams’s Absenteeism
It states in your response that throughout 2019 took off work for excessive number of days for
the following reasons: doctor’s appointments, illness (her or family), family vacations,
anniversary trip, subpoena to court, a wedding, being out of town, holiday, and miscellaneous –
a number of which were unexcused absences. By August 29th Ms. Greenlee- Williams used 184
hours of unpaid time off and 96 hours of paid time off. Thus, on that same day, Ms. GreenleeWilliams was given a written warning explaining Kentucky Cardiology’s concerns with her
absences, and the expectations.
Throughout 2018 – 2019, I experienced some life changing events, such as, illness that lead to
major surgeries, I got married and I had a baby at the age of 42 years old. With that being said,
of course there is going to be missed days/ absences.
Before I elaborate more on the above paragraph, I would like to say Kimberly Novack was hired
as coverage during my maternity leave. She came in through Remedy Intelligent Staffing Agency
as a temp to hire agent; while on my maternity leave, I got a phone call from a co- worker
stating Kimberly Novack is now my supervisor. Not once, was I informed that my then
supervisor, Maria Stinnett turned in her resignation or her position was open for fulfillment.
Kimberly Novack completely changed the environment of the company with her hatred towards
African Americas. It was obvious she did not feel comfortable working with African Americans,
so she found any reason to terminate our positions. Kimberly Novack was hired as the Front
check- in and checkout supervisor in September 2018. From May 2019 to September 2019 she
managed to terminate 6 out of 7 African Americans in her department. She tried to get the
seventh African American terminated but fortunately she found a way to protect her position
(Affidavits from each terminated employee can be provided upon request).
Kimberly Novak had lack of knowledge of my employment history with Kentucky Cardiology, I
had already been there for almost 4 years before she was hired. I never, had any issues prior to
her being employed. It was ironic once she became supervisor, that I was allegedly, placed on a
90 day probation with a Plan of Improvement written warning, all of which no proof was
produces with my acknowledgement of such events, which were not factual and fictious.
Now, if those events happened, why would I given a pay raise in August 2019, if in fact, I was
also given a Written Warning, 90 days probation and missed the amount of days implied in their
EEOC Charge formal response?
What lead to my termination was not absences but Kimberly Novack abuse of power and her
unwarranted diversity in the workplace.
To address the number of days and/ or hours missed from work. I was out primarily due to
unforeseen events, such as: surgeries (Exhibit B), illnesses (teething, colds, ear infections,
Midnight feedings for my infant and uncontrolled hypertension, uncontrolled diabetes, etc. for
myself), pre and post prenatal care, wellness appointments for myself and my infant. All of
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which would take away from full- time days at work (i.e. used 184 hours of unpaid time off and
96 hours of paid time off), along with the “unapproved” days off were a number of approved
days off for vacation, wedding, etc.; which, they failed to mention. Kimberly Novack totaled all
the missed time and submitted them as unapproved occurrences (Exhibit C). Which further
proves her inexperience, unethical and uneducated way of thinking.
There were several Caucasian employees stricken with unforeseen events during my years of
employment, however, Kentucky Cardiology made every effort to keep them apart of the
Kentucky Cardiology team, even as far as, offering them the opportunity to work from home,
move from a full- time employment to part- time (Employees names will be divulged upon
request), nevertheless, I was never extended the same courtesy after being crossed trained on
insurance precertification, which can be done from home, given that Prime Suites is an internet
base software and can be accessed from any computer. Kentucky Cardiology knew of my health
conditions, especially after having a baby at 42 years old, as well as, the hardships that comes
with having an infant.
B. Ms. Greenlee- Williams’s EEOC Charge
As mention in this section on Kentucky Cardiology filed EEOC Charge Response, I had a few
conversations with Stephanie Stephens between January and March regarding the
discrimination complaints throughout Kimberly Novack’s department, as well as, the nitpicking
with other employees. Stephanie Stephens did not write or submit a formal complaint, instead,
she set in her office and listened to my reservations. This proves again, that Stephanie Stephens
did not care about her ethnic employees concerns or complaints, else she would have started
an investigation. The discrimination complaints were brought to her by several African
Americans employees and nothing was ever formally documented, probed or resolved. The
treatment toward African Americans at Kentucky Cardiology was grossly unjustifiable, bias and
unethical.
Additionally, my EEOC Charge indicated I was terminated on or about May 18, 2019, which was
a misprint on the charge, I was terminated on September 18, 2019; Unemployment Benefits
was filed the same day. I was awarded unemployment benefits due to justifiable reasons
according to the Commonwealth of Kentucky Education and Workforce Development Cabinet
Office of Unemployment Insurance (Exhibit D). In accordance with Kentucky Unemployment
Insurance law, the office determined I qualified to receive unemployment insurance benefits
regarding the above listed issues on absenteeism; KRS 341 (1) (b) (6); KRS 341.530 (3). So the
absenteeism was never the problem, it was used as is a cover up for the unapologetic
discrimination that took place at Kentucky Cardiology.
III.
REBUTTAL TO RESPONSE TO CLAIM
As an initial matter, Ms. Kivva Greenlee- Williams maintains that all of Kentucky Cardiology claims
against her fail and the claim pursuant to Title VII of the Civil Rights Act of 1964, as amended stands firm
against Kentucky Cardiology. Based on the following facts:
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Negligent handling of discrimination complaints.
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REBUTTAL TO RESPONDENT’S POSTION STATEMENT
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Lack of diversity employment of African Americans as management in their establishment.
Mass Termination of ONLY African Americans from May 2019 – September 2019.
Constant harassment from Kimberly Novack to African Americans daily.
A. Ms. Kivva Greenlee- Williams’s Race Discrimination Claim Stands as a Matter of
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from
discriminating against employees on the basis of sex, race, color, national origin and religion. It
generally applies to employers with 15 or more employees, including federal, state and local
governments.
1. Direct Evidence
Throughout this whole rebuttal I gave several instances were Kentucky Cardiology were
completely insensitive to the hardship and burden that comes with being a different race in a
predominately all Caucasian facility and how things were over- looked and deemed insignificant.
I also provided my burden of proof to the allegations. Which is why I’m asking the EEOC to
request a personnel file of everyone employee and/ or contracted employee terminated, laid off
or work assignment ended during the months of May 2019 – September 2019; employed
through Remedy Intelligent Staffing, Randstad Office and Administration, Kentucky Cardiology,
and also the only African American employee left in her department along with the
acknowledgements of written warnings on each person to further prove my case.
IV.
CONCLUSION
For the reason discussed above, I, Ms. Kivva Greenlee- Williams request that the Commission issue a
probable cause finding and sustain the EEOC charge against Kentucky Cardiology Pllc. If you have
any questions after reviewing this statement or require any additional information or documents,
please feel free to let me know.
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REBUTTAL TO RESPONDENT’S POSTION STATEMENT
Sincerely,
Kivva Greenlee- Williams
(859) 317-1084
[email protected]
Enclosures:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
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