Still Supremely Unjust

Explain This, EEOC (& State of Texas!)

Labor board logsheets, below, show a horrendous failure to investigate. They indicate every contact made by labor officials to each party involved. They show the YMCA was contacted about the complaint made against them, the YMCA response received (from their lawyer, denying everything -- of course), and that a 180-day letter was filed for review -- the traditional "right to sue" letter -- without ever a contact to question a single employer witness!

The logsheets show nothing done after the TWC indicating they wanted to send the 180-day letter, just before the EEOC took the case on transfer. Other documents show the 180-day letter was sent weeks later, after the transfer, without any further log-entries on the case -- no contacts to question YMCA witnesses at all. The TWC office is in Austin, TX, and the investigator was Patricia McCormick-Powell, according to other documents, and I imagine her initials would be PMP -- see the documents.

This documentation is disturbing: no actual investigative work directed toward the YMCA. I understand Mr. Noack tried to get a copy of the YMCA's affidavit which YMCA counsel stated in their response was being sent to labor officials; however, both TWC and the EEOC seemed to have mysteriously been unable to find even a copy of it for him during his pro se lawsuit. Hmm. Important documents like that should not merely "disappear".

This shows failure or incompetancy. Does it indicate fraud or possible collusion with outside influences? -- Possibly! Millions of Americans file labor claims expecting investigations, not "yes-men" working for the employers! How many are never investigated, leaving the victims to chance and whether they can afford to hire an attorney. Remember, too, that although the plaintiff was white, there was also sworn testimony & email evidence that indicated he refused to obey orders to discriminate against blacks & men, and wage data of possible discrimination at the YMCA -- part of tha data was withheld, against a judge's court orders, and the magistrate TWICE refused to enforce her own orders, later (with no explanation). Can you imagine the potential adverse ramifications to the Houston YMCA, which has dozens of branch facilities, plus summer camps, & scores of afterschool programs at area schools? (Sound crooked? Who's looking?)

As other documents seem to show, anyone poor, with a mere 180-day letter might have to manage all the pains of a self-litigated lawsuit only to face judges who do not regard the evidence -- even if that evidence proves employer perjury (next page)! No investigation. Perjury. Simple reliance on whether lawyers & employers maybe facing BIG liabilities will tell the truth? -- ROLF! (God help us!)

NOTE: The documents below are highlighted

to help show particular facts.

On the logsheets,

"CP" refers to "Complainant" (Mr. Noack), and

"R" stands for "Respondent" (YMCA).

"OC" stands for "Oh Crap!" (- just kidding, lol)

Notice the very first item on the top TWC page, above. It shows the complainant's testimony was clearly notated as having been notarized (a requirement). There is no similar indication showing the YMCA's response as notarized, and labor officials somehow seem unable to find a copy of it, as shown by an EEOC letter on another page of this site.

The YMCA quickly rejected mediation.

TWC took the YMCA's response,

and then dismissed Mr. Noack's case. --- 1, 2, 3.

Simple, no record of any questions to any YMCA employees witnessing any of it.

The YMCA later produced (all) unnotarized affidavits from alleged witnesses for use in court, during the man's civil suit, so one would think there were witnesses, especially considering he worked for someone at least. It is all too suspicious. Why no notarized testimony as normally demanded of the YMCA by state officials in a labor complaint?

Why no notarized YMCA testimony in the court case?

Yes, please explain all of this, U.S. EEOC...& Texas!