The Honorable Richard McDermott
Note for Hearing with Oral Arguments
Friday, January 18th, 2002 at
9:00AM
SUPERIOR COURT OF THE STATE OF WASHINGTON
|
LARRY PITTMAN, et al., Plaintiffs, v. Defendant |
No. 99-2-52345-8 KNT DECLARATION OF Shabae Diquan IN OPPOSITION TO DEFENDANT’S MOTION
for summary judgment (amended) Note for Hearing with
Oral Arguments Friday, January 18th,
2002 at 9:00AM |
I, Shabae Diquan, plaintiff in the above captioned case, declare as follows:
I knew the following people who are plaintiffs in this action on the job at King's Command Foods, Inc.: Larry Pittman, Sylvester Pittman, Michael Pittman, Nathan Kilcrease, Keith Kern, Alhaji Jamal, Stewart Henry, Authur Forest, Yolanda Eskridge, Joe Donkor, Terrance Davis, Michael Davis, Mary Coleman, Gregory Cody, Darrell Cody, Kerlos Baker, Eric Arhin and David Abruquah. I worked at King's Command Foods for approximately six months.. During this period I have first hand knowledge of my multiple experiences of racism, racial discrimination, slander and the biased hiring practices used against me and others by the company "King's Command Foods, Inc."
King's Command did practice racism on me in their hiring practices of not adhering to their policy of hiring full time those people who have worked for 90 days consecutively. I applied for every job opening listed, orally and by written application. I was overlooked each time for a white person who did not have more skills, qualifications or more seniority than me. I talked to the people that got the jobs about their skills and they had less. In addition we had to train them in their positions. I, as a floater, worked at every position and worked in every area. Terry Smith and Kirk McCoy told me to go to work or get out of here. In response to my asking for a position, I was told that when they wanted to hire another black, “damn it, they would hire one, until then get back to work." I reported and filed complaints of the working conditions at King's Command as biased towards African-Americans and non-white employees, as well as the unfair, hostile and racially charged work atmosphere and conditions. I wrote up grievance letters on the matters and submitted to the company. The grievance procedure is to first file it with the company, and then a neutral party would be called in. The company never allowed the grievance procedure to progress to the neutral party being called in. Nothing was ever done about it. After continuously reporting and filing complaints of being harassed, belittled, name-calling and slandering while on the job, I was threatened with my job to be terminated from King's Command.
I have often experienced and heard many of the white staff and the office staff members using racial and derogatory remarks such as "ass-holes," "stupid," "dumb Nigger" or "dummy," and "those lazy black mother fuckers never do anything right" used towards the non-white workers on the job almost daily. I was called a "Nigger" and a "Black Sambo Darkie" by King's Command's white supervisors. Terry Smith said black people reminded him of the little black faced statues that holds a lantern light on his grass front lawn. Kirk McCoy said Terry was right, that's what it reminded him of, too.
When I asked Terry Smith what asked him what a "Sambo-Darkie" was he said, "you know Shabae, a porch monkey." Then he said "you have never heard that before?" I said no I had not and asked not to be called that again. To this he said to me, "What!!! D you think the Niggers are running King Command? Well your not. Now get back to work or your fired."
Many times after that during work or breaks some of my white coworkers as I passed by them grouped together at lunch or on breaks have called me and my African-American coworkers, "the Slaves of King's Command," "African jungle bunnies," "spear throwers,", "spear chuckers", etc. When I reported this to the personnel office and the appropriate officials to stop the racial talk, I was told that only Niggers make problems and if I tried to take this issue any further I would be acting like a Nigger and I would find myself unemployed and out of a job, because no black workers would support me because they don't want to lose their jobs. I was told to stop listening to the talk if it bothered me so much. There is nothing that any one can do to repair the personal, physical and mental anguish that I incurred and endured while I worked at King's Command. I Have sought counseling and solace form my church bishop, fellowship pastor and my church brethren. They have advised me as how to proceed with living with the pain inflicted on me, and how this pain will never go away, and how to start the healing process and working past the hurt King's command caused me to the point where I will be able to continue on with what was left of my life after suffering such a horrendous, hostile, hurtful, spiteful, ordeal on the job by the staff and officials of King's Command.
I have communicated orally with all the persons that I have listed above regarding the hostile working conditions, racial prejudice and discrimination experienced by me at King's Command. I always reported immediately on the same day of the incident, the issues of race and prejudice to my direct team leader and to my coworkers listed above, and I reported this also to the office authorities at King's Command informing all of the racist act practices taking place on the job site at King Command.
I showed my coworkers all reports, applications of posted job positions I applied for, and my complaints of harassment and hostile working conditions and work related mental stress, pain and anguish that I experienced while employed at King's Command.
I reported all situation of racism experienced by me as well as all job promotions and hiring rejections for no reason, except the reasons of being told that I was a Nigger, a darkie, a porch monkey and that Niggers cause problems at King's Command. Finally I was told that when they (King's Command) wanted another Nigger they would hire one. These are the reasons given to me verbally by people in authority at King's Command.
I have suffered mental, physical, and emotional injury in the form of continued headaches, worrying for the well being and livelihood of my family. I have suffered the lack of food and clothing for my family and myself. I still suffer from constant tenseness in my whole body in general from the daily mental stress, sleepless nights, fatigue, continuous memories of being called a Nigger, a porch monkey and being threatened with termination for reporting the hostile work environment and racial slander generally used on the work site at King's Command. I have had recurring nightmares because of my ill treatment at King's Command. I have suffered the loss of wages and job benefits. And I suffer because I don't know if I can ever trust white people again and I have a fear now of all white people who may or may not have power to cause me more pain in my life. Still due to this fear of whites I am tensed, nervous and uneasy around whites in general for fear that they will try to hurt me physically or verbally assault me. I have lost many personal possessions that I was working for, and have since King's Command incurred much debt just in order to survive, because of the conditions that King's Command has placed me into via their racist work practices and their direct insults of me and all African-Americans in general, of which I am an African-American. I have lost the respect and admiration of my peers for my not being able to work again for other companies. I have sought mental counseling from friends, family and members of my church to help me regain the skills and fortitude to continue on with my life. Still so far I have tried to block out what as happened to me but I don't know if I can forget what done to me by King's Command. I believe my counselors that I will never really get pass the hurt, pain and anguish I felt and feel right now, because the racism against me happened and will always be apart of me and will always be in the front of my mind as long as I continue to see white people, whether on the job or in the public. I know I have a continuing problem because I hurt and feel physical and mental pain when I talk or think about what happened to me at King's Command.
I have received consoling and am presently doing counseling for mental and emotional stress with my religious ministers, and other members of my church. as well as personal friends, family and confidants. I have done so since the beginning of my first encounter with injury and racism working for King's Command. I have sought this counseling for my constant and present mental stress, emotional and nervous condition.
During my time at King's Command Inc., I was approached by Terry Smith and Kirk McCoy to get them cocaine. They would say you people know where to get it and things like that. I asked them why are asking me for it. I told them several times to not talk to e about drugs as I don’t do it. He would say that why would want a job when there is more money selling drugs and other statements to that effect.
I believe that this experience happened every black at King's Command Inc., but some people are good at verbalizing there experiences. I believe that is why there is a discrepancy in some of the deposition testimony
I was called a "pink monkey" by Kirk McCoy a couple of times when I filed a grievance. He would also say when something had to be done go get a couple of "spearchuckers or one of those pink monkeys to do it." This happened all the time. And I heard Terry Smith refer to Larry Pittman several times as "spearchucker" and "pink money." One time Terry was hitting Larry on the shoulder and Larry was begging him to stop because his shoulder was already injured. Terry Smith just kept on punching him on the shoulder real hard.
As far a hiring the blacks and minorities, they would come through the temp agencies such as Interim. The white workers would be hired off the street as referrals from other whites. They were happy to have blacks around as long as they didn’t ask for full time positions or complain about their assignments or what was being said to them. This is what happened with Michael Pittman. He asked and they promised him a full time job, just to keep him coming back. They wanted Michael to work overtime and they implied that this would help justify giving him a full time position. Eventually, Michael was putting in so many overtime hours that Interim wanted to send in a second person. King's Command wouldn’t agree and they just kept Michael working the long hours but never kept their promise to bring him on full time or meet the requirement of making him a full time employee after completing 90 consecutive days of employment with King's Command.
There was always something happening, no matter what shift it was. Someone would be upset. The atmosphere was racially charged. None of us dared to do anything about it because if we did, we knew they would fire us. We were always sent back to our departments with a threat that our job was on the line if we continued to complain.
I certify under the penalties of perjury under the laws of the State of Washington the foregoing is true and correct.
Dated this 6th day of January, 2002.
______________________________
Diquan Shabae, Plaintiff
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