Case: 1:07-cv-02964-SO gvDoc 24-1 Filed: 05/19/08 1 of 44. PageID 210 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION EEOC, et al. CASE NO. 1:07 CV 2964 Plaintiffs, vs. JUDGE SOLOMON OLIVER, JR. AREA TEMPS, INC., et DECLARATION OF OFFICIAL CUSTODIAN FOR PROOF Defendants. OF OFFICIAL RECORDS 1, Daniel J. Cabot, make this Unsworn Declaration under penalty of perjury pursuant to 28 U.S.C. ?1746, and state the following: 1. I am the Of?ce Director of the Cleveland Field Of?ce of the Equal Employment Opportunity Commission (the "Commission"); As Of?ce Director, I am the of?cial custodian of all charge records and ?les in the Cleveland Field Of?ce; 3. I make this Declaration on the basis of my own personal knowledge and my review of the Commission's records from the charge ?les of EEOC Charge Nos. 220-2005-00206, 220-2005- 0114, 220-2005-00901; 4. The attached document marked as Exhibit lis a true and accurate copy of the Af?davit of 4 Ana Lopez dated 04/ 12/05; 5. The attached documents marked as Exhibit 2 is a true and accurate copy of the Af?davit of Zachary Cherne dated 04/20/05 and 04/25/05; Case: 1:07-cv-02964-SO Doc 24-1 Filed: 05/19/08 2 of 44. PageID 211 6. The attached documents marked as Exhibit 3 is a true and accurate copy of the Af?davit of Ebony White dated 03/30/05; 7. The attached documents marked as Exhibit 4 is a true and accurate copy of the Af?davit of Lisa DeAngelo dated 03/17/05; A 8. The attached documents marked as Exhibit 5 is a true and accurate copy of the Af?davit of Naomi Ursem dated 03/13/05; 9. The attached documents marked as Exhibit 6 is a true and accurate copy of the Af?davit of Katherine LaCorte dated 03/11/05; 10. The attached documents marked as Exhibit 7 is a true and accurate copy of the Af?davit of Katherine LaCorte dated 02/25/05; 11. The attached documents marked as Exhibit 8 is a true and accurate copy of the Af?davit of Yosonda Grandberry dated 03/14/05; 12. The attached documents marked as Exhibit 9 is a true and accurate copy of the Af?davit of Timothy Daniels dated 03/09/07; 13. The attached documents marked as Exhibit 10 is a true and accurate copy of the Statement of Kellee Sweeney dated 02/15/06; 14. The identi?cation numbers that appear at the bottom of Exhibits 1 through 10 were not part of the original charge ?les. I certify under penalty of perjury that the foregoing is true and correct. Executed this J?day of ha 2008; J. Cabot ?Case: Doc 24-1 Filed: 05/19/08 3 of 44. PagelD 212 Af?davit I, Ana Lopez, declare under the penalty of perjury that the following is true and correct to thebest of my knowledge and belief: A That I am an Hispanic female. My skin is white, however, I consider myself to be Hispanic. I worked for Area Temps in various p0 itiqnsgom about June 2004 until Friday April 8, 2005. I apphed as a temporary worker at the girl? O?ice of Area Temps around June of 2004. I was registered as a temp for about one week when I received a call ?om Area Temps and was asked if I was interested in working directly for them in Parma. I accepted and began as an Administrator. As an Administrator; I answered the phone, greeted persons applying to be temporary workers (temps), gave skills test to applicants, and passed out application materials to applicants. Around August of 2004, I was promoted to a. Sales Support position on the technical side of Area Temps. There are two departments or divisions in Area Temps Parma o?ice? technical and clerical. Clerical placed clerical and o?ice temps. Technical placed light industrial and manufacturingtemps. an: . I 0 Around September of 2004, I was promoted to Sales Assistant. About the second week January 2005, I was transferred to the North Olmsted o?cg?hTy duties were the same as in the Parma of?ce I interviewed temps applying for work, searched the City Search software for temps to ?ll job orders, made and received calls ?om businesses regarding temps they had or needed. I reported to Karen Rosenhoffer, General Manager, while I worked at both the Penna and North Olmsted locations. When I worked in North Olmsted, Tammy Jett (the location manager) was also my boss. - . - - N?h dl?m?k?i On Friday, April 8, 2005, I received a call ?om Tammy ett, the of?ce manager for Per-ma: Tammy Jett told me that I was being let go. I had just taken that day off and half of Thursday because my child was very ill and hospitalized. Two women from the EEOC visited the North Olmsted o?ice on Friday, April I, 2005. The Monday before the EEOC visit, March 23, 2095, Karen Rosenhoifer came to the North Olmsted o?ice to to Zack Cherney and myself. Karen Rosenho??er held the meeting at our desks located in the technical area of the of?ce. Karen Rosenhoffer told Zak and me that she had 7 just come from a meeting with Ket?l'Castelucci, the President, where she learned that EEOC is Page one of six - Initials CUE-00415 Case: Doc 24-1 Filed: 05/19/08 4 of 44. PagelD 213 going to all Area Temps locations and would be visiting North Olm5ted on Friday. Karen Rosenhoffer told Zak and me to check all of our rolodex cards and make sure that we had nothing written on the rolodex cards that would provide informationto the EEOC. . Karen instructed Zak and me to cooperate with the EEOC when they came to our o?iee. She also said to Zak and me that she was puzzled because EEOC requested information on me. Karen asked if I had spoken with the EEOC and I said no. Karen then asked me if anyone I knew had spoken with the EEOC and I told her no. However, I did know that the EEOC spoke to my ?'iend NaomiUrsem. Naomi told me that someone from the EEOC had contacted her. Tammy Jett and Karen D?Amico were not in the of?ce the day that Karen Rosenho??er met with Zak and me. II purposely did not go through my rolodex and change anything, despite Karen Rosenho??er?s instructions. I knew that I had a on my rolodex card for Ampex Metal Tech. The meant White. White-temps were sent to Ampex and the was a reminder to me. I wrote the on the Ampex card sometime around December 2004 while working in the Penna o?ice of Area Temps. .I had placed an African American male temp at Ampex Metal Tech. Dale Koberna, the manager of technical in Parma, yelled at me after I placed an A?ican Arneriean male. He told me the company had called to complain that I sent an A?'ican American temp and that I should ask questions before making-placements in the As Dale was yelling at me, I wrote a on the Ampex rolodex card. When I lett Area Temps on Thinsday, March 31, 2005, the Ampex rolodex card was in my rolodex with the on it. When I returned to work on Friday, April 1, 2005, the card was not in my rolodex. Tammy Jett had a meeting with and me the morning before the EEOC visited North Ohnsted.? Tammy instructed Zak and me to tell the EEOC that ?small hands? meant that the temp had to have experience working with small parts and have hand dexterity. ?Small hands? really means that a female temp is needed for a job. The morning before the EEOC visit, I saw the new girl in the front of the o?ice going through Tammy Jett?s rolodex. - . I had ?small hands? written on my Independent Stampings rolodex card. I learned the term . ?small hands? tram Karen Rosenhoffer while working in Parma. Karen Rosenho??er continued to use the term ?small ban 7 when I spoke to her while I worked in North Christed. . Around the end of February 2005 or the of I saw Karen Rosenhoffer write-out a job order for Marlin, a new company who wanted temp workers. Karen wrote on the . Page two of six Init@ . . Case: 1:07-cv-02964-SO Doc 24-1 Filed: 05/19/08 5 of 44. PageID 214 job order that the company wanted two women. I only referred women for the job. Marlin wanted to interview all the referral Area Temps sent to them. Area Temps could notjust place a temp to Marlin. The job order was still open whenI left. I had some job orders at my desk while the EEOC people?were at the North Olmsted of?ce. Marlin was one of the job orders at my desk during the EEOC visit. On Thursday, March 31, 2005, I sanTammy Jett and Karen D?Amico (Account Representativ and Manager) gomg through Zak rolodex while Zak had .- Karen D?Amico told me and Zak (our desks are facing one another without any type of divider) to only send temps who were-red-neck White men to Chemical Solvents. I observed that Zak sent'an A?ican American male temp to Chemical Solvents once and Karen D?Amico cammnxer te-eaedeleZak tried to send a brother to Chemical Solvents?. on . I #mhw? - Around February 2005, an African American male namedllilliott came into the North Olmsted o?ice and speci?cally ?lled out the application work at Chemical Solvents. I was shocked. New hires at some companies must ?rst apply throughArea Temps and be placed as a temp before they can be hired permanently. After Elliott left, Karen D?Arnico told Zak and me that Elliot would not be placed at Chemical Solvents because he would be murdered if he was placed there. I heard the term ?chocolate cupcake? and ?vanilla cupcake? when I went to the clerical side of SM Area Temps Parma of?ce to chat one day. Work was slow and I wondered over for some of?ce (at? talk. I heard Jennifer Coordinator) and-Kim 325' Degm?l?CledcalManager). Jennifer and?IGm-were-ta?d??gka?ho a new company in Solon they A bad who needed a r"vanilla cupcake? and how hard it was to ?ll the order because everybody in ,3 "law: Solon is a ?chocolate cupcake?. I knew without Jennifer or-Kim explaining to me that a - is, ?chocolate cupcake? was an African American and a ?vanilla cupcake? was a White person. sail I determined a temp?s race and gender by the picture Area Temps takes of a temp. The picture is posted in the computer on the City Search software. Dale Koberna told me several times when I worked in the Farm of?ce to look up a company?s history before placing a temp: Dale told me to look at the temp that was last assigned to a company and send one that is similar to the last temp. When I placed a temp worker atl Source, I looked up the other temps Area Temps had previously assigned and found Black males were assigned in the past so, therefore, I assigned a Black male temp to I Somce. Dale Koberna told me Luk Automotive prefers White temps. Karen Rosenhoi?fer told me to send?a temp ?like you and me? for a Lead Man position to Fasteners for Retail, a company in Solon. ?Like you and me? -, send a White person. I .- P?age three of six Initia . Case: 1:07-cv-029-64-SO Doc 24-1 Filed: 05/19/08 6 of 44. PageID 215 - sent Nathan McIntyre for the Lead Manjob. Fasteners for Retail also had other positions that . were not lead positions. I sent both Blacks and Whites for the other positions. . Karen Rosenhoifer told me that women do better at' packing jobs and men are better at shipping and receiving. When Mr. Gasket requested temps for packing jobs, I sent women. When Mr. Gasket requested temps for shipping and receiving, I sent men. When Karen Rosenho??er described a company as being ?very conservative? it meant that she wanted a White temp sent to that company. Around February 2005, I observed that Andrea Young had sent a Black male to Jaco for a'shipping and receiving job. Karen Rosenho??er described Jaco to me as being ?Very conservative?. 111wtidm?zdefh Tues/ash . - - ?ts? clidicc Karen D?Amico told me to send only young strong men, Black or White, to Recreational Productstheir- 20?s or early 30?s if they Were ?unit?? had muscles. Karen D?Arnico said to never send women or middle aged men because the company would just send them home. . Slur-+115 t. Karen Rosenho?'er told me' to only send White men to Buckeye Rubber because the company was small and had only White employees there. In March 2005, Buckeye Rubber placed a job order and Karen Rosenho?'er reminded me that Buckeye Rubber was ?very conservative?. I knew Karen meant for me to send White temps out. On April 7, 2005, Karen told me to send two more people out to Buckeye Rubber ?just like before?? which was a code for me to send White temps out. When I worked in Parma, Dale Koberna told me to send only females to Independent Stamping. Naomi UrSem, Sales Coordinator in the Parma of?ce helped to train me. Naomi Ursem told me to send only men to Cleveland Vicon because it was a dirty job working with heavy doors and I grinding. - I never sent women to Kichler Lighting because I reviewed the history of temps that had already been sent to Kichler Lighting and saw that the female temps only lasted a day or so. I was told by'Zak Chemey to send someone just like Timothy Broadhead to work at Vesuvius. - Timothy Broadhead was a White male and so I found a White male temp to work at Vesuvius when I placed a temp there. The temp had the needed skills but he was also selected because he was White and male, like Timothy Broadhead. . Page four of six A Case: 1:07-cv-02964-SO Doc 24-1 Filed: 05/19/08 7 of?44. PageID 216 While I worked in the North Olmsted of?ce, Tammy Jett told me to send women temps to inspector jobs and for jobs with small parts. . Sidgr?r Around March 2005, Tammy Jetfsi?eund-a-new company called Win Westlake, that wanted temps. I recall that one day around March 2005 Zak was working on placing temps to Stearrett for insPector positions. I saw Zak pick up his phone and heard him ask if he could place a woman of color at Stearrett. He hung up the phone and Zak said to me that Tammy - would prefer he not place a woman of color at Stearrett. I recallthat a male tried to apply at .Stearrett and Stearrett sent him to Area Temps to apply. A ?company referral? is a temp that is sent ?'om a company- and told to apply through Area Temps to work as a temp at that company. Some companies hire their permanent workers alter the workers are temps ?rst. Area Temps accepted application for the ?company referral? from Stearrett. Stearrett accepted his placement and the guy worked as. an inspector. That placement was the only male placement made at Stearrett by Area Temps that I know of and he was only laced there because he was a ?co referral?. I e. - Karen Rosenho??er told me that Codonics was a ?conservative company? and so I only sent Whites to Codonics. Dale Koberna told me to only send females to Kirkwood because it was a punch press job. Dale told me this while I worked in the Parma of?ce. Egg-hm was a company that Dale Koberna told me to only send males to. I considered placing a wonmn at Press Rite while I was twining with Naomi Ursem but Dale told Naomi and me that the company did not have any female restrooms so only male temps could he placed there. I only sent men to Empire Plow because it was a forging job and Karen Rosenhoffer taught me to send men to dirty jobs and heavy li?ing jobs because women don?t want that type of job. . 3 Akrochem was a company in Solon and it was Karen D?Arnico?s account. Andrea Schuman was a female temp out of the North Olmsted of?ce who had a strong shipping and receiving background. Andrea was also I spoke to Andrea and asked her if she could do heavy lilting and Andrea said yes. I saw zak present Andrea Schuman to Karen D?Amico for placement in the'shipping and receiving department of Akrochem. I heard Karen D?Amico very loudly tell Zak ?No, that is not the type I wanted. Find someone else.? Alarmax was'a company Twinsburg that needed a counter'sales person. It was Tammy Jett?s account. Tarinmy told me to send a woman to Alarmax. I sent Tammy Coates; a Black female temp. . When Tammy Coates- did not work out, Tammy-Jett told .me to send a White male to Page ?ve of six 7 CUE-00419 Case: Doc 24-1 Filed: 05/19/08 8 of 44. PagelD 217 Alarmax. David Howe (White male) was then assigned and later a White male named Jeremy was assigned. I don?t recall Jeremy?s last name right new St. John?s Westshere Hospital requested a dishwasher. Sometimes, Area Temps assigns a ?back up? or sends extra temps in case of a temp does not show up. Ifboth temps Show, the extra temp may be sent home. I sent Montress Sharpe (a Black male) and Alexander Miele (a White nude) for the one dishwasher position St. John?s Westshore. Both temps worked one day and I . con?rmed with the contact person at the hospital that both were working ?ne. Tammy Jett told me to let. the Black guy go. I never sent a woman to Varbros because Zak told me not to. My ?rst placements to Varbros were all White males. I got brave and sent a Black male to Varbros. Varbros orders a large . number of-temps- thru Area Temps. After 30 days the temp is either let go or hired permanently. I noticed that Varbros did not permanently hire the Black male I sent over. I declare mdeyenalty of perjury that the forgoing is true and correct. Aha Lopez . Date Page six of six Witnessed by M. Investigator CUE-00420 Case: Doc 24-1 Filed: 05/19/08 90f 44. Page D#: 218 - Af?davit . . CMML . . - I, Zachary Cherny, declare under. the penalty of perjury that the following is true and correct to the best of my knowledge and belief: "that I am White male, 25 years of age, who resides at 1218 Marlowe, Lakewood, Ohio, 44107. I have worked for Area Temps in their North Olmsted of?ce since about the middle of October 2004. I am currently an inside sales assistant, on the technical side. I am supervised by Karen Rosenho??er, Tammy Jett, and Karen D?Amico. I make placements of temporary employees to companies wanting 'workers. I talk on the phone and in person with applicants for employment. I interview applicants for employment and input data in the City Search soitware that AreaTemps utilizes. I also call companies to con?rm that a worker is performing satisfactory at a job. Account Representatives (Account Reps) have ?nal approval for the placement of workers at companies. I present prospective workers to Karen D?Amico or Tammy Jett, Account Reps for roval prior to placement at a company, ?r mou- 60m pan {as 0r Lemma! 6 the technical division, for .H?xt. p- . 4, high 5U ii feuds Sac,? cowl as includ?: (an? Afro/led Laser I 'on?t remember the exact date, but sometime in the last couple ofaveke?kggl presented to Karen Akrcc'am . D?Amico a. Black employee for placement at Chemical Solvents. fife guy 3 name was-em- . \il ?hf-W Karen D'Amico indicated I could not make the 1 6m placement and also said something effect that ?Zack tried to place a brother at Chemical - Chemical Solvents is a well-established client of Area Temps. The duties performed by workers at Chemical Solvents involve lifting of 55 gallon drums all day and work is dirty. The job requires a rough person who can meet the demanding physi Job an can pass a background check. . . I know to send only White males to Chemical solvents. I know this ?om looking at the history of workers placed at Chemical Solvents in the past by Area Temps and by reviewing the pictures on the City Search computer software of the workers previously assigned. Only White males who appeared to be strong were sent to Chemical Solvents in the past and so I have placed strong White males there, too. When I make a placement to a company, -I review of the history of workers that have already been placed to the company and I place a worker similar to the ones already placed. tQu/aw}, 5. Jul 44w! cam 1'4 mt ki'nj ?u n? Mam/ti on hf once. . I determine a worker?s gender and race by looking at 6 picture on City' Search computer Page one of two Initials Case: ?Doc 24-1 Filed: 05/19/08 10 of 44. PageID 219 program or by a face-to-t'ace meeting, if I happen to have met them. Area Temps administersno physical ahility test, strength test, or hand dexterity test to the workers it places at companies. I ask prospective. employees what they can lift and if they have any physical restrictions when I interview them. I make a visual assessment during the face?to face meeting and look at the picture in City Search to see if the worker appears to be strong. Ala:me . i Tammy Jett is the Account Rep fonAJarmen, a?wareho?use and am gs? systems. The job requti?res?EBagrli?Iing and bending prim-?y. A female worker had 72?? re?? been placed at Alarmax when the account??rst opened. I think her name Wasliammyhutlnan?t ?5 reeaH-herdast-nama Tammy Jett told me that she had spoken With the company contact at A Neg) - Alarm?k and the company had ordered a lacement for the female worker. Tammy Jett told me to cancel the woman that was at Alarmex and said the company as now looking for a male ?39 worker to replace her. A male worker was then placedThis happened sometime in late January or early February 2005. I place only White workers at Alarmgx. I just know not to place Black workers there. No one i told me to only place White workers, I just know that would be the type of worker the Account Rep would approve to work there. 617mm . I sent women to Stem-sit because the company needed workers who were good at math and could 'do inspections. Tammy Jett me that wom work best at-Stenadt because it is a stationary job, involves math, ati good hand do . 5W ream? Area Temps placed one male tegm'lt Dale COIMVBW or in Area Temp-3? system when he tried to apply for a job on his own with 5% old him to go to Area- Temps and request to work Wale came to Area Temps and was placed to work at Stemrit. Area Temps has are ten placements to Stearrit since about October 2004. 5% . I admit that I told Candy Kaiser to place a White worker at Alarm?it. This happened around the middle of March 2005 and in the North Olmsted of?ce. Candy was ?lling in for Ana Lopez, Inside Sales Coordinator, who took a trip out of the country. hat the forgoing is no and 1/4005 D'ate Witnessed by M. Gagyi, Investigator Page two of two Case: 1:07-cv-02964-SO Doc 24-1 Fil?d: 05/19/08 11 of 44. PagelD 220 A?idavit I, Zachary Chemo, declare under the penalty of perjury that the following is true and correct to the best of my knowledge and belief: - .That I work for Area Temps in North Olmsted. A few days prior to the EEOC visit to Area Temps in North Olmsted, I saw Karen D?Arnico going through the" Situation Book, my notebook, and other notebooks. I saw her ripping out pages? lots of them. The Situation Book is a notebook that annotates voice mail messages pertaining to absences of temporary workers, tardinesses, or anything to workers sent for jobs. I generally log in the messages in the Situation Book. I check all the telephone lines for the technical division in North Olmsted. . Notebooks are used by inside and outside sales sta?? to manage the Work of the day. For example and in my notebook about the week after Easter 2005, I wrote something to the effect ?Produce Packaging needs a few people, perhaps a women?. Karen D?Amico sawthe entry after I wrote it and asked me, ?What?sthis?? Karen said something like ?we have been through enough already?. I darkened the entry with a black sharpie. 1 Last week, John Guzman, the new Sales Coordinator, told me that we needed to send a clean cut brother to Chemical Solvents because of the EEOC stu?? going on. the forgoing is true and correct. Date Page one of one Doc #:24-1 Filed: 05/19/08 12 of 44. 'PagelD 221 Af?davit I, Zachary Cherny, declare under the penalty of perjury that the following is true and correct to the best of my knowledge and belief: . That I am White male, 25 years of age, who resides at 1218 Marlowe, Lakewood, Ohio, 44107. I have worked for Area Temps in their North Olmsted of?ce since about the middle of October 2004. I am currently an inside sales assistant, on the technical side. I am supervised by Karen Rosenho?'er, Tammy Jett, and Karen D?Amico.? I make placements of temporary employees to companies wanting workers. I talk on the phone and in person with applicants for employment. I interview applicants for employment and input data in the City Search software that Area Temps utilizes. I also call companies to con?rm that a worker is performing satisfactory at a job. Account Representatives (Account Reps) have ?nal approval for the placement of workers at companies. I present prospective workers to Karen D?Amico or Tammy Jett,?Account Reps for the technical division, for approval prior to placement at a company. I don?t remember the exact date, but sometime in the last couple of weeks, Ipresented to Karen D?Amico a Black employee for placement at Chemical Solvents. The guy?s name was either Tim or Kevin and I don?t recall his last name. Karen D?Amico indicated I could not make the placentent and also said something to the e?fect that ?Zacln tried to place a brother at Chemical Solvents?. Chemical Solvents is a well-established client of Area Temps. The duties performed by workers at Chemical Solvents involve lifting of 55 gallon drums all day and work is dirty. The job . requires a rough person who can meet the demanding physical standards of the job and can pass . a background check. I know to send only White males to Chemical Solvents. know this ?'om looking at the history of workers placed at Chemical Selvents in the past by Area Temps and by revieng the pictures on the City Search computer software of the workers previoust assigned. Only White males who appeared to be strong were sent to Chemical Solvents in the past and so I have placed strong White males there, too. . - When I make a placement to a company, I review of the history of workers that have already been placed to the company and I place a worker similar to the ones already placed. I determine a worker?s gender and race by looking at the picture on City Search computer Page one of two . Initials - 5 . I J'Ceise: 1:07-cv-02964-SO Doc 24-1 Filed: 05/19/08 13 of 44. PageID 222- program or by a face-to-face meeting, if I happen to have met them. Area Temps administers no physical ability test, strength test, or hand dexterity test to the workers it places at companies. . ask prospective employees what they can lift and if they have any physical restrictions when I intendewghem. I make a visual assessment during the face?to- face meeting and look at the picture in Cityscarch- to see if the worker appears to be strong. Tammy Jett is the Account fpg'Alarm?rx, a warehouse and distributor of high?end secmity systems. The job requires heavy lifting-and bending practically all day. A female worker had been placed at Alarmex when the account ?rst Opened. 1 thinkher name was Tammy but I can?t - recall or last name. Tammy Jett told me that she had spoken with the company contact at Alarm and the companyhad ordered a lacement for the female worker. Tammy Jett told me to Cancel the woman that was at Mung: and said the company as now looking for a male worker to replace her.- A male worker was then placed. I can?t recall the name of the male worker that was placed at Alamig. This happened sometime in late January or early February 2005. I place only White workers at Aim. 1- just know not to place Black workers there. No one told me to only place White workers, I just know that? would be the type of worker the Account Rep would approve to work there. I sent women to teamt' because the company needed workers who were good at math and could do inspections. Tammy Jett told me that women work best at Stearrit because it is a stationary job, involves math, and requires good hand dexterity. I 9n? . Area Temps placed one male to. St?'ai?z Dale Colgrove was alr ?armrker in Area Temps? system when he'tried to apply to a '0 on his own with Steam-it. 't told him to go to Area Temps and request to work at Dale came to Area Temps and was placed to work at Steart?gi? Area Temps has made around ten placements to since about October 2004. I admit that-I told Candy Kaiser to place a White worker at Aim-ma. This happened. around the- middle of March 2005 and in the North Olmsted o?ice. Candy was ?lling in for Ana Lopez, Inside Sales Coordinator, who took a trip out of the country. I declare ne""1ienalty of pa jury that the forgoing is true and correct. L/?zg/goos' Date Witnessed by M. Gagyi, Investigator Page two of; two' OLE-00450 Case: 1:07rcv70296480 Doc #2 2471 Filed, 05/19/08 14 of 44, Page": at: 223 EEOC (wwm is mad by it: Pro/Izzy Adole', See Privacy Acrszamm art was: Mr: completing thirfim) THE PERSON CAN ALWAYS CONTACF ME nmsurn mung mummy--r. STATUS OF CHEWDNE: Dwaanrte :lsouwamarnr mumps Msoerm calamari-larva" 11," m. 12,04 Tempura", 9),an Mm warms>>: sori non m: Feynman: mm: Inside Sales Assistant Technical Division "Bream ., APR "wees ms Mentor Ave. Mentor Ohio 44050 aim; Weaver) 1 am an African'American female. I have a' Master's Degree in Adult Education. Around the end (#2004, was Iaokingtorwork and applied as a temporary worker (temp) atArea Temps' Lakewood Ohio location. I was told at an Opening as a permanent Area Temps employee and accepted a position as an Inside Sales Assistant at Area Temps Mentnr office. I don't rememberthe exact dates 01 my emplovment with Area Temps in Mentor. i probably began sometime in November 2004 and worked until sometime in December 2004. I walked less than 30 days. My boss was Joel Valenti, Ouside Sales Representative and Ofiioe Manager for the Technical business clients. Area Temps had two divisions- the clerical and the division, The clerical division assigns clerical temps to business and the technical division covers all the other requests which usually come manufacturers. My duties as a Sales Assistant were to place temp workers at businesses, interview temps who applied imperson, screen outprospectlvetemp workers who called thon::, input infon-nation imn the computer system, telemarket Area Temps services to businesses whom I received phone calls from. and be a liaisun between the Account Reps and the temp workers, Account Reps find businesses who want temporary workers and write the job orders for temps which I helped to ill. The Mentor office of Area Temps planed temp workers in businesses located in mostly Lake and Geauga counties. Beth Melkle was an Account Rep in Mentor She reparth to Joel remember placing both Black and White temps to work at . he company representative would interview all the temps sent. I would fax the resume or applications of prospective temps to the corn nyre .ldon't remember hi raw? 7-1 Page one of three Case: Doc 24-1 Filed; '05/19/08 15 of 44. PageID 224 EEOC AFFIDAVIT I .(Ihlb?lm is a?eoted by the Privacy Act of 1974. See Privacy Act Statement on reverse before completing this?arm.) it through the' company interview and were not placed. Only Whites, passed the company interview gand received placements as temps. -I don't remember any of the names of the temps I faxed information on to?B'e'eeor 3., 50-65 I do redall that some companies requested only men or only-women for jobs. i know this because i was told this by Beth and. Joel, the Account Reps who worked directly with those companies. I don?t remember the-names ate" the companies.? New York Frozen Foods was a company that wanted men for the labor jObs and women for the cleaning jobs. New York Frozen Foods had a long-standing order with Area Temps and the Mentor of?ce would send several temps at a time there. I remember speaking over the phone with the contact person at New York Frozen Foods, whose name i don?t recall right now. She would say to me to ?send only women this week? or ?send only men this week". i remember once that one of the Account Reps, either Jo I or Beth, told me to ?send 10 women to New York Frozen Foods". a (?07 at women we to sent to. a placed into eneral . I also remember tmale temps . . .iftinQ jobs. - . Sometimes I saw something written phrases like.?3 men? or?men on y- ?ling/rig! or?women only-5.7a; handling small pieces and needing small-hands". This would be written on ajob orders (which is Mg a request for temp workers) and would be completed by the Account Reps so the inside sales workers, like myself, would know what kind of'temp to place. These phrases would also be written on the computerized job orders. Sometimes Beth or Joel would just verbally tell me to ?send only men there? when giving me instructions on placing temp workers to certain businesses. - 5ka Mike Guitierez was a Sales Coordinator while lworked at Area Temps. He started about the same time that i started. . . I remember i was trying to ?nd a temp who was welder to place at a welding company. i can't - remember the name of the company. i found a female welder in City Search. the computer . program Area Temps uses. I showed the information about the temp to Joel who told me that i could not send her to the company that I needed to send a man to the company. i don't recall the name of the female welderm WW cm I was told that was being let go because my numbers were not high enough. That meant that i did not place enough temporary workers on jobs while I was there. . Joel Valenti ?red me and I observed that he was upset while doing it. Joel told me he was letting Page20f3 initials Ml Case: Doc 24-1 Filed: 05/19/08 16 of.44. PagelD 225 EEOC AFFIDAVIT (This form is q??ectea' by the Privacy Act of 1974. See Privacy Act Statement on reverse before completing this'farm.) 'me go because Ken Castelluci, Are Joel reported to Ken Castelluci. I observed that I was African-Ameri?an who name unknown), - .. meg: - - . I she knew of.? . Black person to in a Temps VP told him to do so because my numbers were low. 5.50? 46314 :12. ?95 EEOC Form133(10I94) I decy? under the penalty of perjury (hat thejbregoing tat/:15 ?ay/eat. 1 1? A ?Xeeo?a?sV/?gaw SIGNATURE OF EEOC REPRESENTATIVE PAGE 3 OF 3 numb? ACT STATEMENT: 1mm: isbove?dby the Pfiacy 19' 4. 1. FORM WWATE: EEOC FORM 133, EEOC AFFIDAVIT. December 1993. 2. AUTHORITY: 42 USC 200049). 29 USC 201, 29 USC 621, 42 U.S.C. 12117. - 3. PRINCIPAL PURPOSES. Provides a sundaxdized format ?'orabhinhig ofinfomn?on relevantm a charge of 4. ROUTINE USES. These a?davit: are med In: (I) make an o?icial determination and (3) in Com?ssion litigation, to {washersz a witness's tes?mny. 93.519. Authority for tequesting and uses 0111:: personal data are given below.) regarding the validity of the charge ofdisctil?na?on; (2) guide the Comt?ssion's activity; . NOT PROVIDING INFORMATION: Voluntary. Failure to provide an a?idavii 5. DISGDSURE IS MANDATORY OR VOLUNTARY AND EFFECT ON INDIVIDUAL FOR Hum statements hmkingadeoem?na?onastn headstoneofmlaw??disclimEmuon. mam or EEOC FORM 133 (10/94) CLE-OO763 Case: Doc 24-1 Filed: 05/19/08 17.0f 44. Pagers 226 A?'idavit I, Lisa Dd?Angelo, being duly sworn under my oath af?rm and hereby say: That I worked for Area Temps in variouspositions ii'om about September 1993 until about July 2004. 1 ampresently 39 years old. I amaWhite female. I dioHJM \towm EEIX I MW WI Watson I contacted Gagyi, Investigator with the EEOC, anoi- I spoke to Martha a'coworkor . ma aLe - of mine at Princeton Seg?phqmup. Naomi gave me Lynn?s work telephone number. {contacted at the EEOC because I watched the videos about EEOC while wor at Temps, I 623410 1- 5v . Misc I was so." was; on on. mini. no. on. .All new and permanent (non-temporary 1Worker) Area Temp employees are supposed to watc various videos as a part of their One video explains the laws prohibiting discrimination at work and in the placement of temporary employees. . - 1P0me I started working for Area Temps around September 1993 inthe'?fay?eld, Ohio'o?iee. I stayed in the May?eld o?ee for about ?ve years. I was an inside sales coordinator. I remember that sometimes businesses wanting temporary workers (temps) would request temps of a certain race, sex, or age. When that happened in May?eld, I romember that we would just not work with the business. I know this from talking to theoutside sales representatives who were Accoupt Reps and ?-omtalking to businesses onthe phone. I don?t remember the speci?c names of the businesses who had such requests. - L) - Olmsted Ithen nmsenodmmernmomo coordinator in the Technical Division. I transferred to 52mm because IUUG - ?umsleoL - 1 - I Worked as an inside sales coordinator in North Olmsted, working in thou lbde division. Around 1999 or 2090, I also became manager ofthe North Olmsted location. I salesjob and the manager?sjobatthe sometime. Asamanager; Ihadthe authorityto hire and?reArea. . . Temp employees and temps and to issue disciplinary actions. I reported to Karen Rossenho??er. Karen Rossenho?'er was the General Manager for the Farina, North Olmsted, and May?eld locations of Area Temps. . practice of sending temps to businesses because of temp?s particular race or gender was not .. Pagelof7 . CLE-OO772 Case: 1:07-cv402964-SO Doc 24-1 'Filed: 05/19/08 18 of 44. PageID 227 El . wide-spread in the North Olmsted o?ce. Area Temps North Olmsted did make some temporary assignments based upon a temps race ?or sex because of a client?s request. Varbros was a company on Brookpark Road who only wanted guys (males). Girls (females) were a disruption. I remember speaking to their contact. person at Varbros, her name might have been Thurma LNU (last name unknown). I ?lled Varbros? requests for temps for about three years while I was Olmsted and Thm?ma was the point of contact, for the most part. I can?t remember- when, it may have been midway at my employment in'North Gluisted, but I did send a female to . Varbros. The female did not work out. I don?t remember the female temp?s name. She started a romantic relationship with a permanent male employee at Varbros. What that female temp did was sort of ?set the tone? and Varbros speci?cally requested ?oor that point on that Area Temps send guys who were temps. I believe, based upon my controrsations with 'I'hurma, that Varhros wanted to avoid ?aternization of male and female workers and sexual harssment problems in the workplace. I don?t remember the names of any females I could not send out to Varbros because they were the wrong gender. Varbros was a recurring Order for temps while I worked in North Olmsted and it was Chemical Solvents was a company that wanted temps who were ?redneck guys.? By ?red-neck guys? I mean White guys who were strong and younger (20?s or 3.0 years of age) and willing to hoist 50 gallon barrels during their workday. Karen'D?Amico was the Area Temps Account Rep for this business. Karen D?Amico did not encourage me to send Blacks to Chemical Solvents. Karen D?Amico also told me she was following the request of Dave Weber, whom she Dave Weber was the point of contact at Chemical Solvents, or the person placing the order With Area Temps from the Chemical Solvents. . Karen D?Amico ?lled Chemical Solvents order for temps prior to my arrival in the North Ohnsted o?ice of Area Temps. Karen trained me to ?ll Chemical Solvents when I arrived in North Olmsted. I recall reviewing temps on our City Search soitware to place at Chemical Solvents. If I considered assigning a Black man for the job, Karen would tell me ?it was not a good Later, Karen became mere speci?c about not sending Black mento Chemical Solvents and - explained it Was the client?s request. I don?t remember the dates 'ofthese conversations with Karen. It was pretty'weil known among the Sales Coordinators to only send White men to Chemical Solvents. I tried hard not to write down a client?s speci?c request for a temp of a certain gender or race or age. I observed that the North Olmsted o?ce of Area Temps never wrote down a client?s speci?c request for temps of a speci?c race, age, or gender. The sales sta?? placing orders for tempsjust knewwhattypeoftemptosendwhere. learned it from the Account Reps and we all talked among ourselves. I do recall seeing ?smiley times? or smiling faces drawn on job orders in the Patina o?oe of Area Temps. A smiling face is drawn with two dots for eyes and an upward half-circle under the dots 'to indicate a smile. A smiling lace drawn on a job order meant the client wanted only White Page20f7 CLE-00773 24:1 Filed; 05/19/08? 19 of 44. temps sent cut ?'om Area Temps. Sometimes, I also heard the term ?smiley face? used verbally to indicate a client wanted only .- emps sent ut.? I don?t know how the ?smiley face? term got started. I was taught the term by GEN LL: . . ?Small hands? wasa tennlused to indicate a client?s preference for female temp workers. Usually this request was made because the job was small assembly work and best done by women, who have hands. I remember seeing ?small hands? written on the job order for Zenith Plastics when I worked in the of?ce of Area Temps. I think Zenith Plastics is out of business now.- UV LL. I do recall that after I le? the May?eld Of?ce of Area Temps, there was an Account Rep who worked there for'a while who made speci?crequests for temps to beplaced at certain businesses baseduponraeeand sen. it wasafemaleAecount Rep. I know this because sometimes I worked ?splits? ?-om May?eld. ?split? is a request 1hr temp workers from another Area Temps o?ice. The originaling?o?ice, in this case the May?eld of?ce, is unable to ?ll the temp order and is willing to split the commission with your of?ce if you ?ll the order. I recallsometimes there were splits ?om May?eld where a company needed only girl temps and another where the company needed only White temps; The company only gills-mayhem been Cleveland Gear, a machine shop, but I am not 100% certain. By girls I mean i females of any age. I would guess the preference for a certain type of temp was imposed by the Account Rep in May?eld and probably not the client. I make this guess because ofmy past eaqaerience working in the May?eld o?ce and doing other splits for May?eld when I Worked for Area Temps. - 6 I Source wasacompanyin I ., nlyminotitytemps sent to them. Iknowthis becauselwas toldthis?-am a. . 94:34 2.- untRep. wanted minoritiesgI would guess it is because of the neighborhood they are located in, which is mostly Black. I don?t remember the names of the White temps who were quali?ed for the work but whom I passed over for this assignment because they Were not a I- remember making a lot of placements to Bennett Builders. Bennett wanted the temp to have a . valid driver?s. license and be able to drive a stick shi?. I don?t remember who placed the orders, except they were the ladies worked in Bennett Builders? of?ce. I never ?lled temp orders for Woods Equipment. Lek Automotive in Valley City was a ?sp from the Parma o?ce. I remember they wanted ?I?age30f7 Initials . I Cas'?: 1:07-Cv-02964480 DOC 24-1 Filed: 05/19/08 20-ofr4v4; Pag'elD 229- temps with steel-med boots and ahigh school di?i?onde?. 1 don?t recall Luk having a preference for temps based upon rade, sex, or age. I remember'm. Gasket wanted . . . cm]. IrexeemberJaeowentedmenS? ?i?s . ~63 . Mmmy . I remel?ber VitaMbc Wanted . Page_4of7 Initials I . i- . Case: 1:07-cv-02964-SO Doc 24-1 Filed: 05/19/08. 21 of 44: PageID 230 a IremernherSirnaandSonswanted in moy?ui 'Irememberthat d13? IreeallthatAmerican Heritage Billiards (also lmownas Recreational Products) wanted ?was kaqLMme/t? At Area Temps, I believe it was thought White guys had better attendance at temp jobs than Black guys. Personally, I found some White guys could be worse than some Black guys regarding attendance. Sometimes, I would just ignore the rule that I could..not place Black guys to some businessesand I wouldplacethemanywayastemps. A fewtimes, IarguedwithKaren Rossenho?'er about this. I would try not to argue too hard so that I would not lose my job but we did argue. I don?t know the dates we argued about sending only White guys out on assignments. Ialso don?t knowwho Iremembcrene'timem'guingmo so gently, withKarenRossenho?'erabout whyIsentsomany Black guys outas teamste a company. I don?t remember which company we were arguing about or when ithappened. DU Pt VSM or Viking Sewing Machine in Avon and Westlalce, Ohio was a company that I sent all ON: di?'erent types of temporary workers to. VSMjust wanted good temps. Each Area Temps o?ice isdi??erent in relationshipto its record keeping. I know that the North Olmsted of?ce kept the original job orders after input into the City Search computer software. job orders are the paper forms that are ?lled out when abusiness client contacts Area-Tempsto _Page50f.7 . . .. CLE-OO776 Case: Doc #r 24-1- Filed: 05/19/08 22 of 44. PageID 231 i3 . - place an order for temporary workers. Usually, job orders are ?lled out by the Account Reps. Sometimes, the inside sales workers ?ll cat the job orders. The North Olmsted Area Temps kept the original job orders in a ?le created for each client. The cabinets holding the job orders are located on the Technical Side, behind the reception area. In the same'group of?ling cabinets, but closest to the glass wall, applications for employment can be ?nind. The applications contained there are the ones that were completed by persons wanting to be a? temp but whom Area Temps did not actually hire as someone to be placed as a temp. Most - of the time, those applications would be ?'om persons not having appropriate identi?cation, those with a poor Iwork history, those whose salary expectations were too high,and those whocould not be ?exiblewithwages. heplacedas temps Were not input into the City . sofcw and were kept for a while in the ?lecahinet and then thrown outw .- - as - ?amedinto the Administrator ineach Area Temps location o?ice Area Temps also scanned into City Search test results (for clerical tests, shipping tests, etc.) as well as resumes and other documents relating to the temp?s employment applidation. The Administrator input data on the job skills of each temp as well as the temp?s home address and telephone numbers. At the time a person ?lls out an application for employment with Area crops, the person also ?lls out a blue card asking them to identity their race, sex, and disability, if any. The blue cards are separated from the applications and later sent to theeorporate o?ce by the Administrator. The City Search software does not contain inibrmation on race and sex. If an applicant is hired - for placement on temp jobs, Atria Temps takes their picture. The temp?s picture is on the ?rst fortempstoplace. Ideterminedatemp?sraceandsex by looking at the pictme on City Search. For the most part, I saw that Area Temps would send all kinds of temps to most clients. I saw that sometimes when Area Temps got a new client requesting temps, inside sales people were told to?ndavarietyoftemp workerandto ?miin up? whichmeant to fmdtemps ofdi?'erentraces? Innderstood this?mixit up?tohedoneinordertoshowthe client that Area Temps is?not like some other temporary services out there who only send minority temps out on jobs. Minutemen, another temporary agency, is known in the temp industry to only send minority temps out on amigoans. - I remember both Karen Rossenho??er and Karen D?Amico telling me to ?mix it up? and send a variety of temps to some new clients. I don?t remember the names of these new business clients or when speci?cally this was said to me. - It was dif?cult to place disabled temps in nianuiacturing jobs. Area Temps did interview some Page6of7 Initials - Case: Doc-#: 24-1 Filed: 05/19/0823 of..44. PagelD-#: 232 disabled applicants and put them into City Search for possible ibture placement on temp assignments. I remember sending a deaf woman out ona job. I don?t remember whenI did this, where the person went, or what her name was. I also know Area Temps had persons with'limited vision apply. I don?t recall any blind applicants. .What I would do, if I knewl had ajob that a disabled personmaybe quali?ed for, is getthedetaiis on the job duties. If the temp with a could work those duties, I sent them." Safety of the temp and the temps? coworkers was a big concern. Hearing impaired temps can?t hear tow - motors and fork lifts coming up behind them so I would'not place hearing impaired temps in those kinds of johwhere a liit or tow motor might come up behind them. I don?tremember names of any hearing impaired temps. I never heard the terms ?hockey player?, ??gure skater?, l?all, ?Ve@ - ht - or ?basket ball player? used at Area Temps althopgh I could guess what they in the context of what Area Temps does. 4% . \1 NJ, Wt. A?blowout?wasatermusedto describe atemp who went'to an'assignmentandreauyaewaby?. not working out and Area Temps lost that ciient for future temp assignments. A ?blow out? could be used to describea girl, guy, Black temp, or White . I . leit Area Temps because they were pushing me to be an outside sales person (an Account Rep). An Account Rep makes cold calls to businesses business clients inane??ort to get that business to use Area Temps to obtain the temporary employees they need. I did not want to be an Account Rep. I declined the transfer to Account Rep and so Area Temps terminated me and salted it a lay-0&2 I received unemployment compensation after I lett Area Teams. My home address is: .My home telephone number - [l I declare under the penalty of forego' is true and correct. - March. 17, 2605 . I I . i . Date I Lisa DEAngeio Witnessed Inn M. 036?, Investigator ct. Page 7 of 7 ADoc--#: >24 of 44. 'PagelD 233 (Id! 9154131 10/37 . a . CONFIDENTIALITY ELECTIOE STATEMENT I have been given assurance by an; agent of the qual Employment Opportunity enmisv- sion that this affidavit will be considered confidential by the United States ?Government and that every effort will be made to insure that my identity will not be diaclosed without my priorconsent unless required in a court action. under- stand that in a court action by the EEOC to enfoi'ce my rights or-those .of a third party, my identity may he released at option or under a court order. cam ?an" [4?94 'Dm i186 {0 Hi ssed I Date 3 7?05 y; Title Exhibit 23-h . case: Doc 24-1 Filed: 05/19/08 25 of 44, Page D#: 234 II, Naomi B. Ursem, declare under the penalty of perjury that the following is true and Correct to?the best of my . knowledge and belief: That Iworked for Area Temps them about March 2004 until about the end of January 2005. I . I . le? for another opportunity and because it was so emotionally draining and I did not agree with what was going on Area Te 3. I gave Area Temps a two-week notice before I left. L9 What/dang era?rg pretence: band 0/7 246/? M44 Ma - I started at Area Temps in the North Olm5ted o?'ice in Sales Suppo Around September of 2004, I transferred to the Forms of?ce. I started o??inParma as a Sales Assistant and-was then promoted to a Sales Coordinator around early October 2004. My boss at the time that I left was Karen Rosenho??er, General Manager. She is a White female. I am also a White female. As a Sales Coordinator, I received job orders from the Account Representatives or Reps. Account Reps did the marketing for Area Temps and got businesses to order temporary workers, which are known as temps. The job orders for temps would be in writing, come from the - Account Reps, and would explain the duties the temp was to perform, the rate of pay, the length tea I o'fthe assignment and the location of the assignment. Sales Coordinators were supposed to make placements of temps based upon the temp?s skills, experience, and wage expectations. However, sometimes when an Account Rep would talk to a business the business would ask for ?someone like you and me? which meant to send a White person. The Account Reps I worked with in Parma and North Olmsted were White. Sometimes, businesses would just outright ask for a White person. I knowthis based upon my interactions . -. and discussions with the Acount Reps. The speci?cations for particular races was not written down on the job orders. I do recall sometimes seeing a or a onthe rolodex cards in Parma. The letter code of?B? meantdhat atemp to that business should beBlack or meant the temp Ibr sent to that business should be White. The code would be on the top upper write hand corner of the rolodex cards. Rolodex cards are used by Sales Coordinators and Sales Assistants when ?lling job 'orders. The rolodex cards are larger than the standard rolodex cards, about 5 inches by 4 inches, and contain informatitm about a company who needs temps? like name of the company, address, phone number, and contact person. I ?gured out the comment ?like you and me? meant a temp should be a White person. The . . cement is pretty self-equlanatmy. . . I recall sending two A?ioan Americans to Cleveland Vicon, a company that may be located in Cleveland Heights. The Company was Dale Koberna?s account. Dale was an Account Rep in Parma. wanted. Dale also told 1m that he knew I was new and don?t understand things. Dale said the company wanted temps ?like you and me?. Dale is White. I understood Bale to mean that . Cleveland Vicon wanted White temps sent to them. I don?t remember the names of the African American temps I sent" to Cleveland Vicon. One temp was immediately torminated ??om the assignment and the otherprovcdhimselfto be agood workerand stayedthe day. Ithinkthe company kept the second temp for a while. cLE-oosis Doc 24-1 Filed: 05/19/08 26 of 44. 'Pageloa: 235- Luk Automotive (pronounced like the name Luke) is a company in Valley City near Medina. .I ?lled temps for Luk?s Kit Line and Bagging Machine. Dale was the Account Rep for Luk and Area Temps sent only young White males or young White females. The ?like you and me? comment was the expression used at Area Temps to describe the temps to be sent to Luk. I am not sure howl learned that young Whites get sent to this company. By young I mean temps in their 20?s or maybe early 30?s. . A . ?Small hands? is a term to describe females and it is used at Area Temps. Many manual punch presses are easier to operate by persons with smaller hands. Jobs linger dexterity are best done by persons with smaller hands, too. - . Independent Stamping was a ?small hands? company. The company ran presses. I usually sent females to Independent Stamping. do recall that some men were sent there but Independent . Stamping would also speci?cally request females when they called in their order for temps. I know this because if the Account Rep was not at their desk, I and the other Sales Coordinators and Sales Assistants, would pick up phone for'the Account Reps. I remember Dan LNU (last name unknown), the contact person at IndependentStampings, told me he nmded temps sent and that he preferred women because they have smaller hands. Independent Stamping was Dale?s account. I ?rst heard the term ?hockey player? in reference to Chemical Solvents. This was while I I worked in the North Olmsted of?ce of Area Temps. Chemical Solvents was Karen D?Amico?s . account. Karen D?Arnico was an Account Rep who worked in the North Olmsted o?ice. Dave Weber was the contact person at Chemical Solvents. Once, Karen told me that Chemical Solvents wanted a ?hockey player? instead of a ?basketball player?. My ?rst thought was that a ?hockey player?f had something to do with height? maybe a shorter person. I was puzzled by her comment and may have even asked what it meant. Karen tinned it into a kind of a joke by . saying something like, ?How many Black hockey players have you seen?? Alter Karen D?Amico explained ?hockey player? to me, I understood that she meant a White male. I understood right away that a ?basketball player? meant a Black male. I don?t recall who I placed at Chemical Solvents as a temp. - I Sortrce was a company in downtown Cleveland on Marquette Street. I Source preferred Black . male temps and would take Black female temps if there were no Black males available. Dale told me that Blanks were sent to I Source because of the part of Cleveland it was located in. I wouldguess I only placed a total of 10-15 temps at I Source. I have no idea who I may have passed over and not placed atI Source because they were not Black. My job was a high volume and highpressurejob anditishardto recall speci?c names oftemp?s. . Buckeye Rubber was a company located in Solon. They needed temps just as I was leaving Area I Temps, around January 2005. I recall that Andrea Young, Sales Coordinator, had a temp on her computer screen. Buckeye Rubber was Karen Rosenho??er?s account. The temp Andrea was looking at was Black. Area Temps takes pictures of all the temps they have available for work. The ?rst computer screen contains the picture of the temp, along with other information. Karen saw the temp on the screen and told Andrea, ?No, sendsomeone like you and me?. The order for, . Case: 1:07-cv-02964-SO Doc 24-1 Filed: 05/19/08 27 of 44. PagelD'tt: 236' 'Buckey Rubber Was still open when I stopped working at Area Temps. I don?t know what temp Andrea had on her screen. I might have ?lled one order for Varbros company- the name is I don?t recall Varbros having any speci?c speci?cations regarding race or sex of a temp. Recreational Products in Streetsboro was a company I may have ?lled once or twice on a split- an order taken by another Area Temps of?ce for which they could not ?ll. If you ?lled it, you. ?split? the commission. I was under the impression while I worked at Area Temps that - Recreational Products wanted younger clean cut college age men. The men could be Black or White but college age- which means 20 or early 30 year olds. A - I am not sure if I ever ?lled an order for Vitamix. I was responsible for resolving missing time sheet issues while I worked at Area Temps. I also passed out paychecks to temps. I recall that the three temps at Vitamix were White females. I don?t know if that is a coincidence or if the were all White females at the request of Vitamix. . I . - I never ?lled" a temp order for Bennett Builders. . Fairview Hospital was an account ??om the Area Temps? Parma of?ce. I remember they wanted temps in laundry and some other position. I don?t recall that Fairview Hospital had any specifications for temps other than a background check, drug test and the normal skills, availability and pay. I do remember sending a Black male temp there. Andrea Young replaced me when I left Area Temps. I knew this before I left. I believe Andrea is of mixed heritage, Black and White. Andrea might be Arabic, I am not sure. About a week before I left Area Temps, Karen Rosenho??er came up to me and said, ?Minorities should not be Sales Coordinators because they are biased against their own race?. No one else was around to hear the comment, it was just Karen and me. I understood from that comment that Karen did not want Andrea tope a Sales Coordinator. I am still ?iends with Area Temp employees, Anna Lopez, Sales Coordinator in North and Candy Kaiser, Sales Assistant inParma. I am afraid that Area Temps might take retribution .r . against them. I know of Kevin Du??y. I was told he ?led a complaint with the EEOC and that the EEOC were looking into things. I talked to him on the phone while I worked at Area Temps and found him to be abrasive. I might have met Ke'vin'Du??y in passing at the Area Temps Christmas photo shoot but I would probably not recognize him if he passed me on the street. I declare under the penalty of perjury that the forgoing is true and-correct. WW 3/15/ 05 Date Naomi VUrsem Witnessed by M. Gagyi, Investigator Case: Doc #2 2451 Filed, 05/19/08 28 of 44, Page": at: 237 EEOC AFFIDAVIT (nit/om is nieclery rlu him-y Act nfl974. See Privat'yAuStaMt-rwl an mam Before div/hm) ma . Katherine Mn LaCorte ON CAN ALWAYS CONTACT ME STATUS OF EMPLOWENT marxous Elm a momma 3mm mm," mus-mum mm mm to. 09mm Tompomy Placement mm mu to mutual: mum Senior saies Coordinator Amzassnimn- um an. m. up>> The information in this affidavit is being provided through an imerviewmnducted with Gagyi. '9 EEOC investigator, with me on Friday, W5 The interview Is a continuation of an earlier inlerview with Gagyi abouttwo weeks ago. March It] 9005' KL In regard to Jaco, Area Temps only sent female temps i can't remember whose Jam's account was. I only filled a few temps Ior Jaco while i worked for Area Temps. Jaw is a manufacturer, Idan't know where it is at. Iiust remember being told to send women there because the jobs were 'Womanly'. I can't remember who told me lo do it. I recall that I sent a male to Jaw to be a forklift operator on 2"6 or :5"3 shilt I don't remember when this happened. out it was while I worked in the North Olmsted office ofArea Temps. I don't rememberwho the male temp was, other than his name was Chris LNU flasl name ukrrawn) and he llved In Lakewood, Ohio at the lime Jam ms eitherKaren Rosenhoffefs account or Karen D'Amioo's account. I can't rememberwhioh. I can't recall being allowed to send a female to any forklift position when I worked torArea Temps. it was son of known that a fork tilt operator job was a male position and to only send men to those temp iobs. lam scared to talk about the Fairview Hospltal account The Area Temps Amount Rep for Fairyiew Hospital was Dale Kobema. in the Parma Office. Dale was also the Assistant Location Managerfor Farina. iremember hearing Dale telling the Sales Coordinators that he wanted us to send the best qualified person to fill the Job, no matter what color they were. However, he had a low exceptions. such a Ern'ble temper. He often screamed in the Area Temps officeta ms and called me dumb and incompetent. I knew i could count on him yelling at me and healing me poorly Ifa temp assigned 5/ In one of his accounts did not work out. I heard of Dale's tantrums while working in North Olmsted belcre I even worked in the Parma ofiioe. I always cleared temps assigned on Dale's accounts with him first because if! did not. might suffer (or it later. i almost quit Area Temps beratsse or Dale, I decided to hold out during "wtenure in Parma and eventually I went backto the North Olmsted office to work. Fairview Hospital was one exception. I am scared to talk to EEOC about this because Dale has LI I believe I personally sent lwo lamps to Fairview Hospital while work' 9 in Panne. The first temp I sent was a Black guy. can't remember his name. The has he i A. Case: D'oc 24-1 Filed: 05/19/08 29 of 44. Page-ID#: 238 KL Slums; EEOC AFFIDAVIT (This form is a?ected by the Privacy Act ofi974. See Privacy Act Statement on reverse before completing he was terminated because he was late and smelled of alcohol. Afterthe hospital started to become unhappy with the" Black temp. I believe the Bla?bk g?uy?s name was Kurt LNU, but I am not sure. Dale told me not to send any more Black temps to Fairview Hospital. Dale said he-wan?ted the total opposite and to send a White male to the hospital. The position was a laundry room job- going through each floor to collect laundry ?and bringing the laundry to the basement. Occasionally, the temp would have to deliver the ?oors. I think it required some strength because the sacks of laundry could be large. It was not a glamorous job. I remember that Karl was sort of thuggis'h lookinga rough looking and Dale wanted more of a clean-cut White guy. After Kurt, I placed a White kid who worked alongside Kurt for about a week before Kurt was terminated. We expected Kurt?s termination. I think the White guy?s name was Bruce LNU. Bruce stopped showing up for work. When I left Parma, I believe that the of?ce was working on two more placements to Fainriew Hospital. I don?t know what happened to those openings. don't know who the contact person was at Fairview Hospital. it was a woman but I don?t remember her name. - Bennett Builders was Karen D'Amico?s account. Bennett, i believe, is based in Westlake and they do new housing developments. Karen told me toesend buff young White men. I remember I sent an older White guy, I would guess he was in his 40's based updn his picture. I don?t remember his name. The older guy did not work out because he was a ?flake? . I remember him driving around and not being able to ?nd the place. I tried to help him but the guy gave up and went home. After that incident, Karen approached me in the of?ce and referenced this older guy not working out at Bennett. Karen told me something to the effect of ?that is why we don?t send people like that to Bennett because they don't work out." She meant that I should send younger White guys who were muscular. I knew Karen would net approve of the 40ish guy being sent to Bennett. ljust did it because he had the skills, he lived close by and I needed to ?ll the placement. was desperate. I had to send someone or Area Temps would lose the job order. I decided to send the guy even though knew Karen would be upset about the placement. I would guess that I made between 4-6 placements to Bennett. Their requests for temps was sporadic. They only called if they were short and needed help building a house. - Vitamix was Dale's account. Vitamix wanted women only. The company makes appliances- blenders, vacuum cleaners, and other small home appliances. They are located in Olmsted Falls. I am not sure if Vitamix Speci?cally requested women or if Dale came up with that "criteria. The job involved assembly work. The work was tedious. The stereo type at Area Temps that only women can do tedious work and intricate assembly work. Men get the big gruff jobs of machine operation. The contact person at Vitamix was named Barb LNU. I remember when ?rst got to Fame, was all lined up to send a guy.? don?t remember his name. and I showed Dale the prospective temp. Dale asked me what l.thoughtl was doing, that i should only send a woman to Vitamix. Vitamix is not very accessible and many temps don?t want to go that far west of Cleveland. Vitamix also wanted all their temps to bedrug tested and a very clean background (no misdemeanors). I remember there was always an opening for Vitamix because the quali?cations were so stringent and then I could not place men there making things even more dif?cult. . Case: 1:07acv-02964-SO Doc 24-1 Filed: 05/19/08 30 of 44. 'PagelD 239 KL EEOC AFFIDAVIT A (711129ij is a??ected by the Privacy Act of1974. See Privacy Act Statement on reverse before completing this form. Dale never used code words. Dale would just tell me things like ?what are you crazy. only send ?swomen there, no men." i do associate the term?f-?small- hands company" with Vitamix because ?small hands" was the code word to send women only. I don't remember who ?rst told me that in relation to Vitamix. Shred ltwas a Karen account. Karen RossenhoffertOld me to assign Clean out White college age guys. if i interviewed a clean cut White college age guy, Karen RosSenhoffer would later tell me to keep that temp in mind for Shred It. A clean cut White college age man was considered a ?golden nugget? at Area Temps because'they were considered to be the best placement. I even know of times when Karen Ro'ssenhoffer would pay a clean cut White college age guy 25 cents more per hour. and take a cut from her commission. 4 I can?t remember any particular temps she did this for. Karen Rossenhoffer had a partially glass - of?ce and could watch me work. Karen Rossenhoffer, more than once, would see a clean cut White college age guy in the seat by my desk for an interview and come racing out to offer them a job at . Shred It. I remember she did not even know the'guys? quali?cations. This happened a few times. if the temp seemed to rebuff the hourly wage, she would up it a little bit to make the placement. igaren Rossenhoffer mentdred me and defended me while I worked at Area Temps. I feel bad telling the EEOC these things but it is true. - Codonics was also a company that Karen Rossenhoffer told me to place White college age guys to. Codonics is in a western suburb of Cleveland. i am not sure where. Luk (pronounced like the name Luke) is a company located in Valley City. Area Tempshad two standing orders for Luk. The ?rst was called the Kit Line. From what'l Was. told, the Kit Line was a fast paced assembly and shrink wrap thing. There is a per hour quota and it Was harder work. 'Luk was strictly younger White kids. I was new to Penna and sent a woman to Luk, which was Dale's account. i personally think thatLuk has a problem with women because any temp that was sent to Luk that was not a young White strapping college age kid did not work out. 'We also ?lled Forklift and ?Towlift positions for Luk. Luk?s Forklifts and Towlifts are newer, I. guess state?of?the-art machines. I remember Dale telling me not to send quali?ed older applicants to Luk.? Dale really yelled at me for sending the female (name unknoWn) to Luk. considered sending Cleve Epperson to Luk. I would estimate Cleve is in his late 50's or 60?s. He is a smoker so he may just look that old and actually be younger. He was a good worker for Area Temps. I remember pulling Cleve up on the'Area Temps system. Cleve accepted and was excited by the placement even though it was probably a 40 minute drive. However, Dale came oVer to me and looked at Cleve's pictUre on the computer and told me not to send Cleave to Luk because too old. i am sure the other employees heard that comment. Chris Kyle worked beside me and was a Sales Coordinator. Chris probably heard Dale say this. I had to tell Cleve he would not be going to Luk. Area Temps sent weekly videos to each of?ce. Kent Casteluccio, the owner's son, would often criticize employees on these videos. _We were all required to write comments following the videos A and send the comments back to the corporate office. it was well known that if we did not ?ll out comments. we would have to go downtown to pick up our paycheck and ?ll out the form. I remember after several weeks. I challenged one of the topics in the video. My comment was a constructive criticism. My comment was something about how we needed training to show us how Qatar drill . Case: 1:07-cv-02964-SO Doc 24-1 Filed: 05/19/08 31 of 44. Page D#: 240 KL . EEOC AFFIDAVIT (77113be is a?iected by the Privacy Act of1974. See Privacy Act Statement on reverse bra?rre completing this form.) to do Cold calls each week. Kent called Karen Rossenhoffer about my comment. Karen Rossenhoffer told me not to write such comments in the future. After-that, i wrote comments that I thought upper management and?Kent wanted to hear. Kim Degroff was the General Manager on the clerical side. Kim worked in Parrna but had about ?ve other Area Temps of?ces below her. She is really successful. I worked with Jackie Kobema (Dale's- daughter). Jackie was a 'Sales Coordinator for the clerical side. Jackie ?lled most of Kim?s orders. I did not interact much with Kim Degroff. Jackie told me that Kim does not want you to send Black people anywhere so I when i made clerical assignments, I only placed Whites. I only made a few . placements. I remember I only placed females. There are not too many males .with clerical 'skills that applied for temp jobs at Area Temps. recall seeing Jackie place men? in clerical jobs. a - Jackie also placed orders for BobbieSue Hiber (Account Rep) and Bobbie Sue did not have a . preference for Black or White temps on her accounts. 1. When I ?rst learned to be a Sales Coordinator, I worked some of the time on the clerical side of the house. I never saw an Account Rep write code words to describe what-type of temp should be placed at certain businesses. The code words were always verbal. I know that Karen D'Amico has used the code word ?Hockey Player". I remember Karen D?Amico asking me ?what do i think a hockey player is' and I answered something about a big strong guy. Then, Karen said ?White people- how many Black hockey players have you seen?? I felt like an ?air head" so i remember that moment well. Karen D'Amico also used the code words Basketball Team to me. I don?t recall which company she was talking about when it was used but I do know that it meant Black men. i learned the Basketball Team phrase after the Hockey Player phrase so I was able to ?gure it out for myself that the Basketball Team meant?Black males. - The phrase ?small hands" meant female temps at Area Temps. This phrase was used in Penna and North Olmsted. I don?t remember speci?c dates, but I do recall that many times Chris Kyle would write ?small hands." when was on the? phone trying to make a placement. The note was a prompt for me to remember to send female temps to the-company I was working on. The notes were torn up. I don't recall ever seeing code words or phrases written on any Area Temps documentsor paperwork. I know that Chris did not like making placements based on race, sex, age, etc. because he told me. Chris thought it was not fair and could not see why he could "not send quali?ed people to jobs despite the temp?s race, sex, and age. i recall one time Chris got frustrated with Dale near the end and after Chris had given his two weeks notice to Dale. He told Dale to ?ll the job himself because he could not ?nd someone under such strict parameters. . . was told by Karen Rossenhoffer that Area Temps was going to ?re Chris for not making enough placements. It was sort of ironic because Chris was held back from making many placements because of the restrictions based on race and sex. Chris put in his notice before Area Temps could ?re him. Quasar Morris worked in the Penna office and then 'moved to the-North Olmsted. i think she lives in Amherst, Ohio. She was the Administrator the whole time. Quasar was a unique person. She had different out?ts- she made them herself. She had bright red hair and is into nature. I had a few Limits-?k Case: Doc #i 2471 Filed: 05/19/08 32 of 44.? Pag'elD #5 241 gluioi} EEOC AFFIDAVIT (This form is re?ected by the Privacy Act of 1974. See Privacy Act Statement'on reverse before completing this form.) conversations with her and she is a strong person.?Quasar was called ?Quasi Moto?f in the of?ce and did not like that name. Quasar will support what am's?aying. Before I left Area Temps. trained Deeanna (Dee) Hoef?in or Hoeflin and Char (Charlotte) LNU. Char?s last name began with a and ended in "ski". Char lived in Euciid. i also trained Naomi Ursem. Naomi lived maybe in Elyria or Berea. . I did not really'pass the code words to'the persons trained. I recall that Naomi already knew what ?small hands? meant. The Account Reps kept close on the new trainees and they also trained with others besides me. remember that there was a temp named Shawn Jackson who was a Black male who lived in the Lorain/Elyria area. Shawn would ride his bike into the North Olmsted of?ce. Sometimes he would ride his bike to an RTA bus stop. The guy was a good worker and physically There was a need in an old folks home on the way west side of Cleveland, near Shawn's home. don?t remember the name of the business but it was in Avon near all the cemeteries on Detroit Road and near the golf course/country ciub. i do recall that it Was Karen D?Amico?s account. i only made one placement to that business. Karen approached me after I placed Shawn and basically asked'me what the heck was doing because the contact person was an old White lady and I should not have sent a Black guy. Karen told me to only send White temps there in the future. She also said Shawn wouid scare of the old people who lived there. i remember a lot of times that a Black guy named Gary Sealy was often quali?ed forjobs but I could not place him atjobs becau$e he was Black; I don?t remember which companies. I should not have . placed him at Varbros because Karen D?Amico told me not to place Blacks there but I did anyways. I will give some thought to the names of?speci?c temps that were passed over for assignments because of their race, sex, age, disability, national origin and let the EEOC know." I always worked with the City Search software while worked at Area Temps. Area Temps created the software and they make enhancements to it all the-time. Area Temps is-proud of the software. The computer folks were located at the corporate of?ce. The onlytime the computer people came out of the offices was when there were computer problems. Maintenance and back up was done at the corporate. The City Search software is pretty easy to work with. The job order functions of City Search will have every single placement to a company since the inception of the software. The job orders?will also link to the temps pro?les. The City Search software will also provide temps histories. There are also some very detailed comment boxes for temps. - i know that Area Temps central of?ce would sometimes delete comments in the comment box. I remember that one of my comments were deleted. I can't remember exactly what I typed, it was something sarcastic about a temp who refused an assignment near his home. I wrote something like fooh he really wants to sit in front of the tv all day? and someone in corporate deleted it out. remember later we were told in one of the weekly videos to just put the basics in the comment . screenand no more. I remember teaming that someone wrote the f~ word in the comment screen. They had repeated What some temp had said and the comment was removed.- I don?t recall all the details, which temp it was or who wrote it. I 6W EEOC Form 13360194) - CLE-00799 a Case: 1:07-cv-02964-so Doc 24-1 ?Fi'l'ed: 05/19/08 33 of 44. 242- I declare under the penalty of pajama that the jbregaing is Irue and correct. . SIGNATURE SIGNATURE OF EEOC PAGE OF Gag Investigator . SENTAI IVE PRIVACY ACT STATEMENT: (This formis covered by the PrivacyAct of1974. Public; Law 93?579. Authority fat and uses of the personal data are given below.) 1. FORM EEOC FORM 133. EEOC AFFIDAVIT. Deoetnber1993. 2. AUTHORITY: 42 USC 2000e(9), 29 USC 20!. 29 USC 621, 42 U.S.C. 12117. A 3. PRINCIPAL PURPOSES. Provides a standardized format for obtaining sworn stem ofinfonna?on relevar}: to a charge of disuiminatiom 4. nourmausas. These af?davits are used to,- (I) make an of?cial dctm?natiun mgarding the validity oflhc charge ofdisc?mina?on; (2) guide the Commission's hives?gam activim and (3) in Commission litigation, to impeach or substantiate a witness's testimny. . . a, 5. WHETHER DISCLOSURE IS MANDATORY OR VOLUNTARY AND ON FOR NOT PROVIDING INFORMATION: Faint: to provide an a?davit has no effect won the jwisdiction ofthe Comr?ssion In mucus a charge. However, swom statements submitted by the parties, are, ofcourse. relied uponmrc hea?ly?thali mam statements in maln'ng a detemn?na?on as to the of unlawful discrimination. REVERSE OF EEOC FORM 133 (10/94) . Case: 1:07-cv70296480 Doc #2 2471 Filed, 05/19/08 34 of 44, Page": a: 243 EEOC (71.2mm i: Privacy Act 011971. Su Privacy magnum on mane Marl cang 4.) THE FOLLOWING PERSON CAN ALWAYS CONTACT ME sums DF EMPLOYMENY CHBKUNE NW NE > ra'u'eand yenu'er because i heard olhetdown' here, mai place is White" or "You need a good phane voicerme're' in'releleno'slo 3 513aka wmmight sauna Ailer about six or seven months, I was promoted (a the back HWrecemianist'im a Sales Assistant position. My boss initially was Lisa D'Angeia' She 2 she did nutwantk) be maved ink) an AccountRep position. lworked under Karen D'Amioo because she was monoount flies I, in QWJM WEE: 0' Reg and baqause shay/ms in the . i us after My duties ware "en'ifie Ski-i=3 and technical divisxon. I heiped (he fiead Doc 2'4-1 Filed: 05/19/08 35 _of 44. PageI-D 244 EEOC AFFIDAVIT (171129 form is a??ected by the Privacy .4 ct of 1974. See Privacy Act Statement on reverse befbre completing this form.) suffered comments from the owners and managers about how we all needed to work harder. I left ?because I found a job at Toyota in the Scion department. I gave a months notice. I did not want to leave on bad ?11" mmy Jett wa?ltller anager at that point. She and my corporate - trainer Karen r( eneral Manager) all offered me an. immediate promotion to Account Rep, a raise from $550 to $600, plus commission, and a move to Penna (their busiest satellite of?ce. They told me that all that stem treatment would stop once a new restructuring program was in place?. i agreed to etayfoeaztewnaeeksv. I trained several new people in the sales jobs. I called off one day after i had agreed to stay because I was sick. That night, Tammy called me and asked me to call her before I returned. I did call her, and I told her that I knewwhy she wanted me to call. Tammy' said yes. they were letting me go for attendance and that I needed to give appropriate notice. 'Coincidentally, they let me go one month after I told them i wanted toquit to sell cars. I know I had time off, I think I had seven days on the books. You get so much time regularly and then extra days off for meeting quotas. I never abused my time off. Prior to my discharge, I always took off for legitimate reasons- dector's appointments or because I needed time off for personal reasons. I remember talking to my dad within the ?rst month I got to Area Temps saying that I could not . elieve what was going on at Area Temps. I heard things as I walked. in the back area? ?Oh, you know this company, you can't send Mr. so and so there" . Area Temps has a database. Every temps picture comes up. Often, the Sales staff would pull up the temps with their skills outlined and their pictures. For example, I recall all the time Lisa would pull up temp workers while she was talking to Karen D?Amico the account rep for the company seeking temp workers. Lisa would go over the persons skills and Karen would ask how'old they were, because sometimes the temporary placement could not be too old. Other times Karen would ask to see the photo so she could see ifthe person was appropriate for the assignment. This happened so often that I can't give a specific example. I personally believe Area Temps places the picture in their computer so that they would know a temps race. Once an applicant?is hired, you have to take a picture of the temp. The temp is then I issued an Area Temp id badge listing three of their best skills. Onlyonce did I know of a company wanting the temps to wear their Area Temps badge, and that was Mr. Gasket. Other than Mr._ Gasket, no one wore them to a job site. Karen D?Amico was the only Account Rep I worked at in North Olmsted for a long time. Later, I would work with Karen Rosenhofer in North Olmsted. This was after my float to Parma and Karen Rosenhofer trusted me. At?the end, Tammy Jett gave me assignments to place workers at beCause she had just come to North Olmsted to manage the of?ce. Varbros was Karen D'Amico?s account. Varbros is a metal stamping plant on Brookpark Road. I don't know if Varbros called and wanted Whites there but Karen did'tell me she wanted younger, rugged, White kids. No women were to be placed there because the job was hard and strenuous. I did send some Blacks there, mostly Whites. Sometimes I would have a Black temp on the screen- and Karen would tell me not to send that person, they won't work. Only after I was able to work on my own did I start sending Black men there. At the end of the day, Karen would review my placements to,h_er accounts. She would look at the picture and ask me why I sent so .and so to Varbros, they are Black; I got ballsy and answered her that they could do the job and that is why I sent them. Karen obviously did not want Blacks sent to Varbros.? I spoke to Thurma Zimmer, the contact person at Varbrosrag?gimes and she never made any speci?c requests for employees based upon race or sex. Thurma" nd I spoke because that company had strict quali?cations, don't M5 Case: 1:07-cv-02964-SO Doc 24-1 Filed: 05/19/08 36 of 44. PageID 245 . eeoc AFFIDAVIT (Misform is injected by the Privacy Act of 1974. See Privacy Act Statement on reverse before conquleting this form.) tolerate temps being even one minute late, and keep temps only 30 days. Thurma-always ordered two or three temps when I spoke to her. . - 1 Chemical Solvents is a company that is in downtown Cleveland, I was only allowed to send strong White hillbillies there. Dave Weber, the contact, is Karen D?Amico's boyfriend, I think. The relationship ran hot and cold. For a while after I started in Sales, Karen placed all temps to Chemical She would tell me if I come across an applicant/temp who ?tsthe description of strong White hillbilly, let her know so she could sent them to Chemical Solvents. After working at Area Temps awhile, Karen drove me down to Chemical Solvents and showed me- . around. I saw all White employees. It is a pretty tough working environment with strong chemicals. In showing me around Karen said to me, ?Now you know why we need the type of people here that we send." . Area Temps does keep data on race, sex, date of birth. All applicants ?ll out a thick blue card, it may be entitled EEOC Information. In, addition to the application, the applicant ?lls out the blue card and checks their race and sex. After a stack of blue cards is collected by the Administrator, those blue cards are sent to the corporate of?ce. Date of birth information is' collected and input into City Search but that information is only accessible to an Administrator. Once a worker ?goes behind the wall? into Sales, that information is not available Sales Coordinators in their computer iogin- only Administrator logins. American Heritage Billiards (Recreational ProdUCts) only wants young college guys. That company does not want women. One time early on, i sent a woman to American Heritage Billiards and the company called Karen. Karen came to me and told me that the placement did not work out. Peter Hoffman is the contact there and had called Karen. Karen came to me and asked me ?What are you doing Sending a woman down there?. I explained that I matched the with the - skills of the temp. I was?also told by Karen not to send Blacks there I knew by looking at Peter Hoffman, when I met him, that he is half Black. When visited the company I aw that pictures and Peter?s father was Black. I concluded that Karen D?Amico wanted only ?t American Heritage Billiards and not Peter. I did See two Black employees when, I visited the company. I don?t remember their names. One was one of our temps about to go permanent. I did not place them. The other employee was not our temp. Sima and Sons was Karen D?Amico?s account They are a produce company. I could not ?ll any orders for that company. I was amazed the order went un?lled for months. I had one person, willing to go there and wanted to go there who had a ?awless attendance record an great tried and true rating, but he was Black so i could not place him. I cannot remember his name, maybe his ?rst name was Marcus. It was 'a hard position to ?ll because the position was or shift, freezer work, and way east. I remember Karen telling me that the company was ?really, really, really. die hard Italians and they don't want Blacks there". A long time. before the order, Area Temps had placed a Black person for this company who was an older Black guy. A lot of times, Sales CoordinatOrs research the last placements at companies to see what type of person the company wants, and to help ?ll the current order. I looked up the history for Sima and Sons and saw the la placement was a Black guy. I told Karen we had a good temp who lived nearby and wants-the job but- he was Black. Kichler was sort of?like a Mr. Gasket in that they 'were a'huge client. It started off that we could send any temp to Kichler, except for- women, because it was such-a physical job. When I ?rst started making placements to Kichler, did send women. Every time, without fail, .Kichler would call me the ?eet"? OLE-00803 Case: 1:07-cv-02964-so Doc 2441 Filed: 05/19/08 37 of'44. -Page D#: 246 . EEOC AFFIDAVIT . {Wris?mn is a??ected by the Privacy Act of 1974. See Privacy Act Statement on reverse before completing next day and say that the female temp did not work out and they did not want them anymore. Eventually with Kichler. all the Black people started not to work out- Kichler would order in volume, 5-10 people. I noticed that if we sent three out'of ten Black temps, the Blacks did not work out. Karen Rosenhofer pointed out that Blacks were not working out and told me to just avoid sending Blacks to Kichler. Mr. Gasket was a company that i worked on while I ?oated to Parma. They had some of the strictest parameters. I learned of these parameters from the Account Rep, Karen Rosenhaufer. When l?rst . started at Parma, you could Send a good mix of people. You could send a few Blacks, White._other races. You could not send all Blacks or all Chinese. After a few weeks, Karen told me that they were having attendance problems and she told me not to send any Blacks. Karen told me never to send women there. The only placement could make for women. for was for shrink wrapping machine. Later, Karen told me to only send Asians to Mr. Gasket; Sometimes we would send to . temps to Mr. Gasket. They were a big clientmaybe Alice Bishop was the contact person at Mr. Gasket. Vesuvius was a small welding company in Brockpark. The ?rst time i placed an order, Karen . D?Amico told me that the company was small and all White and not to send any Blacks there. If I could have sent anyone, I would have ?lled that. order in 20 minutes. Since I could not send a Black temp there. it took me two days to ?ll the order. Karen D?Amico took me to visit the company. The contact person?s name was Nick LNU (last name unknown) and the owner's name was Ray LNU. They are the only two supervisors besides the welders there. lwduld say there were about ?ve or six workers there total, two were Area Temp workers, including Ray and Nick. When I visited, and when I spoke to Nick, all he ever said was he wanted somebody to do the job. I think it was Karen's doing in requesting only Whites be placed at Vesuvius. Viking SeWing Machines (VSM. Avon Distribution Center) wanted clean cut White college guys. I did send one female who worked out. I defied Karen?s instructions to send only clean cut college guys- no Blacks, no women. visited this company, too. The contact person was Greg Torbinski. VSM was Karen Rosenhofer?s account and she instructed me verbally to send only clean out White college guys there.? Honestly, I can hardly think of one company ?that I could ?ll an order for based strictly on qualifications and not race or sex or age. In regard to disability, I think Area Temps was pretty good on that. What we would say if an applicant was deaf. missing a hand, or could not walk. we would give them a courtesy interview and advise the appliCant that mostjobs would pose a dangerto them. For example. a deaf person would not be able hear things going on with a machine. The same held for foreigners who could not speak English. We took their application and interviewed them but foreigners who could not speak English and disabled folks never got temporary assignments. What we did was-put a comment in the comment screen saying ?Do not place this person? or ?Call so and so who did the interview for more information?. - - One time I had a temp who peed in the corner, I don?t remember his name. I put a comma tto call me in the comment screen. I felt it was not appropriate to put the details in his screen th temp peed on KichleI?s skids so I had a comment to call me. Minorities seemed to make less per hour. I noticed this processing payroll as an Administrator. Area Temps never wrote out a business's preference for certain employees based upon race or sex. vars, cps-00304 Case: Doc 24-1 Filed: 05/19/08 3301? 44. Page D#: 247' . I EEOC (7711's is a?cted by the P?vacylAct 0f1974. See Privacy Act'Statement on reverse before comleting this form) - They knew what they were doing could get them into trouble and would notbe dumb enough to put things on paper." There were oode words, though like "sTrnall hands" for females, hockey player for White men, ?gure skater" for White females and ?you and me? was White people. Sometimes if no one was around ?no Black people? would be whispered. am a White female. The things that went on at Area Temps drove me nuts for ever. I knew it was not normat and was not right and it- broke my heart to see people get turned down for no good . reason, like their race. or sex. Area Temps was my ?rst of?ce job. I was fresh out of high school and going to college part-time. I hated that i had grown men and women, with good quali?cations, that- I simply could not place into jobs because of how they looked. This bothered me. Sometimes it would take me three hours to ?nd the right colored person to do a job. I probably got only three. hours of sleep most nights over what happened at Area Temps. I often woke up nauseous. It killed me to sit there and see pe0ple spend an hour and half ?lling out papenivork knowing they would not be placed because of their race. - I became paranoid because the workers would degrade the temps who came in. I wondered what my coworkers were saying about me. - - eeoc Font: 133(10194} I declare under the penalty of perjury that (beforegoing is true and correct. SIGNATURE OF WITNESS We, Feb 25, 2005 PRIVACY STATEMENT: (mi; form it coveted by Privacy ?11914. Public Law 93-579. Authority for I. FORM NUMBEMMATE: EEOC FORM 133. EEOC AFFIDAVIT, Bomber 1993. 2. AUTHORITY: 42 USC 200049). 29 USC201. 29USC 521. 42 U.S.C. 12217. 3. PWCIPAL PURPOSES. Provides a standardized format for obtaining swam staterooms of infomtion relevantto a charge ofdiso?n?nntion. 4. ROUTINE USES. These af?davits are used to: (I) make an of?cial damnation regarding the validity of the charge ofdiscximimtiml; (2) guide the Commission?s investigatow activity; and (3) in Commission litigation, to inpeach ?substantiate a vvimess's testirmny. 5. DISCLOSURE IS MANDATORYQR VOLUNTARY AND EFFECT ON INDIVIDUAL FOR NOT PROVIDING INFORMATION: Failure to provide an af?davit has no' e?'ect upon the jurisdiction ofthe Commission to process a charge. However, swom statements submitted by the panics, am. ofeomse. relied upon more heavily than unswom - statements in making a determination as to the existence ofunlawful REVERSE OFEEOC FORM 133 ?0194) CLE-OQSOS Doc 24-1 Filed: 05/19/08 39 of'44. PageI-D 248 N. . . I, Wandbeny, declare under the penalty of perjury that the following is true and correct to the best of my knowledge and belief: That I worked for Area Temps as a temporary employee (temp) for about four or ?ve years. Around April 2004,. Area Temps Lakewood of?ce offered me a permanent job as a Receptionist. I then worked my way up to Sales Assistant, then Sales Coordinator, and then Senior Sales Coordinator in just about six months. I left in 004. . . . . Nowm I worked for a while in the Clerical Division but mostly in the Technical Division. My boss was Gail Enders. I was ?red from Area Temps for inSubordinatinn. Area Temps wanted to transfer me. from the Lakewood of?ce to the Mentor of?ce. At ?rst, I agreed. I even traveled to the Mentor o?iceand worked a few days. One day coming home from Mentor, my car broke down on the highway. I knew my car could not handle the drive to and {from Mentor every day. I called Gailand told herIwouldbe'happyto workthe next day inLakewoodandequlained my car broke down but I could take'a bus to Area Temps Lakewood of?ce. I even called Ken Castel to explain the situation Ken is the owner?s son and Vice President of Area Temps. Apparently, for going overher head. She told methat no one inthe ten years she had worked at AreaTemps had called her boss about her. Once,Gailandeent out socially a?er work and Gailthrew chicken bonesat me several times. Thatisnot how you treat a valued employee. WhenI wasatemp, I waso?en?'ustrated byAreaTemps. As atemp I was o?entoldthatthere Were no Ithoughthasnotbeingplaced becauseIwasBlack. Alotoftimes when I was placed on an assignment, I was sent to the east side of Cleveland, which is mostly . Black area of Cleveland. I lived in Lakewood, a west side suburb, the whole time. I ?gured that Area Temps was sending me to the east side because of my race. . When I was hired permanently, I saw that Area Temps had a lot of assignments that I could have done. I, I was passed over . for many temp assignments because of my race. I recall that Viking Sewing Machine in Avon (known as VSM) was alw looking for yuppy White guys in their twenties. VSM was Gail?s account but both Gail and thy Pyle (another Area Temps Manager) told me to only send younger yuppy White men to VSM. They ekplained that VSM was looking for men who could start a career with them and not men who just wanted an hourly job. Bob LINIU (last name unknown) was the contact person at VSM. er . It Was hard to place temps Qt VSM because the City Search software I used for my job to . . temps to place does not have a search option for a temp?s race. I lbund temps for VSM by . Thitials - . page one of three CLE-00786 Case: Doc 24-1 Filed: 05/19/08 40?of 44. PageID 2?49 . pulling up the ?rst page of a temp and looking at the ter?ps picture. Once a temp is hired by Area Temps, they are put into the City Search software. On the ?rst page of the software for-the . temp, there is a picture, a list of skills, and the temps name. O?en, before a sales staff person makes an assignment for a temp, you show the first page of temp to the Area Temps Account Rep for the Account Reps? approval. I can?t gremember the names of any speci?c Black menthat were passed over for VSM beeauso of their race. I do recall sending two muscular White women to VSM, but I don?t remember their names, either. The VSMassignment was very physical and you had to be strong to do it so I sort of just knew to send mostly men and only women strong enough to do the job. Mieeli Dairy was a company located on East Street and Buckeye. I just learned not to send White temps to thatplace. Idid tryto sends few White temps there butthey did not workdut because later they would call me and say the neighborhood was tee bad or they did not ?t in with the other Black workers. I assigned most Black female temps to Miceli, not because anyone told me to, but because I learned that Black female temps seemed to work outbest at Mioeli. . There was a company that did small part assembly and who wanted only female temps sent to - them. This was at the' client?s request. I don?t remember the name of the business or the contact person at the company. remember, I will call the EEOC. I did hear the term ?Hockey Player? used in the Lakewood of?ce. ?Hockey Player? was a code word for yuppy White guy in his early 20?s. The term Hockey Player was used in reference to VSM and it was used by other Sales Reps.'Tom Shane and Tim Cereny could verify its use in the Lakewood of?ce. - - I observed that Tim ?Cereny, Sales Coordinator, never placed Black? temps in jobs. Once I remember suggesting to Tim to send a temp who was Black on a job. Tim said he would not because it would not workomandthemmp couldnotdo it. I ofit. . Ihadno directauthorityto temps on jobs. Tim was also not a team player. Gail re?ised to fire Tim. I don?t remember the name of the guy Tim refused to place. . I?never heard the terms ?basketball player?. or ?digure skater? used at Temps in Lakewood or Mentor. I do recall the term ?blow out?. A ?blow out? was a temp that just would not work out at any assignment. I remember that-the term ?small bands? was used in reference to the assembly jobs requiring small that were performed by women. I don?t know how I learned this term . Area Temps never put anything in that might hart them. They knew the EEOC and other agencies might look at their comment screens in City Search so we were all told to keep Twig: page two of three CLE-OO787 Case: 1:07-cv-02964-SO Doc 24-1 Filedf 05/19/08 41 of 44. PageID 250 comments to a n?niinum. Normally, a sales staffer would write a comment to call ?so-and-so? I fer more information. When the other Area Temps employee called, you would give them information about the temp. . I remember the Lakewood of?ce of Area Temps had a lady come in Who used a wheelchair and had her own special computer keyboard. She was White and in her ?fties- about 55 years old. I don?t know her name. It took the lady about three days to take all the tests Area Temp administers to clerical temps. I saw that-the she was interviewed by the Cl 'cal division. Once, I Area Tennis bad a request for someone to sni?'envelops and Itold Hanna - to send the lady in the wheel chair to the job. Hanna said 'no thatthe lady would not work out because ?she was not capable of the job. I felt bad for the lady in the wheelchair. I don?t think ?diat lady was ever sent anywhere although I know she could have performed some assignments like handing out ?yers, or making copies, or stu?ng envelope. When a temp ?lls out an application, the application is scanned into City Search. The applicant also ?lls out a blue card in which the applicant temp is asked to identify their race, sex, and disability. Once a week, the blue cards were sent to corporate. I don?t know what happens to the blue cards in corporate. - I Kevin Duffy professionally. Andrea Young is a ?'iend- our children socialize together. Andrea and Kevin worked together in the Area Temps North Olmsted of?ce. . I declare under the penalty of perjury that the forgoing is true and correct. - 3d14~65. Witnessed by Lynn'M. Gagyi, Investigator pagethreeoi'three Case: 1:07-cv-02964-so Doc #5 24-1 Filed: 05/19/08 '42? of 44. Page D#: 251 Af?davit I, Timothy D. Daniels, residing at 478 West High Street, Alliance, Ohio 44601, declare under the penalty of perjury that the folliowing is true and correct to the best of my knoWledge? and belief: In That I am a Black male. . I applied for temporary work through Area Temps North Olmsted of?ce around the early part of 2004. I had seen an Area Temps advertisement in either the Plain Dealer or Akron Beacon Journal. I sought temporary work through Area Temps because I had recently retired from - Timken. At Timken, I worked for about 25 years as a machinist and re?builder. My last ?ve years at Timken were in production. 7 My ?rst assignment through Area Temps was Iron Mountain. I worked for Iron Mountain for about one month in May 2004. - I worked for Rogers Industrial in Akron, Ohio, through Area Temps from about November 2094 until early January 2005. I Was well quali?ed to 3% the mechanical assembly at Rogers because of my 30 years experience at Timken and because I had all the tools neceSsary for the work. I?was available to work through Area Temps ?rm the time that I left Iron Mountain until the 7 time that I began at Rogers Industrial but I was not offered any assignments horn Area Temps during that time. I did not work anywhere else from the time I left Iron Mountain until I worked at Rogers. . vaas never o??ered any additional assignment by Area- Temps following my placement at Rogers Industrial. Page one of one 1 - Case: Doc 24-1 Filed: 05/19/08 43 of 44'. PageID 252 US. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Cleveland Field Of?ce - - . . rue Federal Building 1240 East Ninth Street, Suite 3001 Cleveland. OH 44199 (216) 522-2001 or 2002 FAX (216) 522-7395 I, Kellee Sweeney, of 8330 Corral Circle in Novelty, Ohio 44072 (440/338-8986) can attest to the; fact that the following is true and accurate to the best of my ability; 1. - That I was employed by Area Temps. (hereinafter referred to as the Respondent) during the period July 2003 until May 2005. I worked the entire time at Respondent?s May?eld Heights facility. I began working for the Respondent as a receptionist and . was promoted to the position of Sales Assistant around November of 2004. I held . that position until I left the employment of the Respondent in May of 2005; 2. That I am aware of the fact that the Respondent did require a photo ID from the clients that we served. Some of the employers required a photo ID ?'om us so that the temps that we placed could be identi?ed. We also required a photo ID ??om the temps so that they could pick up their checks; - . 3. That I can attest to the fact that I was directly aware that We were instructed to place temps based on such things as race and sex. I am directly aware of the fact that some companies wanted us to refer only men to certain jobs and certain companies wanted us to send them only White temps. There was nothing in writing it was just common knowledge. I can?t think of any companies in particular. I do know for a fact that Accuride preferred that we send them younger temps; - 4. That I did hear that we should send ?small hands? and ?cupcakes? to certain employers. Again, I am not aware of any one particular employer. I do know that ?small han referred to female temps who would be involved in intricate light assembly positions. I also know for a fact that ?cupcakes? referred to young perky girls. These were sort of common terms that we just used; 1 5. That I was introduced to these terms by Kathleen Bassett and Gina Glendenning who supervised the Industrial Accounts and by Lisa McCoy who supervised the Clerical Accounts; 6. That when we would get a job order we were always worried about who would show up and who would not show up for work. Kathleen and Gina and Lisa would tell us what type of person to lock for and. this infonnation would come from the area managers. At times this information was race and/or gender speci?c. I can?t recall any speci?c employers who asked for semebody by race and/or sex except for 'Accuride 7 who was looking for younger temps. Doc #3244 Filed: 05/19/08 44 of 44.? Page D#: 253' II I. . I ellee Sweeney, appeared before ActingDeputSzh?Dir?tor Daniel J. Cabot on the /b of 2006 and I can attest to the fact that the above is true and accurate t_o the best of my abili . . 4/15/00) Dime I .