South Central Wake County

NAACP

 

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I am Millicent Lorraine Mercer.  I am an African American Woman.  I have a Bachelors degree in Marketing and one in Theology.  I also have some language skills.  I was hired as management in the Marketing Department with a specific purpose to further penetrate the emerging market (RTP area).  I had been told UPS has a problem selling head to head with FEDX, and the strategy was to get to the customer before the competition does.  One of the greatest fears discussed in the business meetings was that the market place would turn into the “Coca Cola vs. Pepsi or MCI vs. ATT” wars.

 

I developed new strategic partnerships with Research Triangle Foundation (Gary Shope) and Research Triangle Regional Partnership – RTRP (Charles Hayes and Ted Abernathy) and strengthened old ones (NCWTA, CED, China Initiative/TEDA and the various chambers).  I was praised for my accomplishments but the discriminatory remarks and harassment soon followed.  Within two months of my hire, I experienced what was to be the first of many incidents dealt to me at a luncheon among co-workers by my immediate supervisor.

 

Lisa Squirewell (my supervisor), made derogatory remarks regarding interracial marriages full well knowing that my husband is white.  John Howard, (Marketing department manager and Lisa Squirewell’s boss) made no attempt to discourage her comments and while not participating directly in the remarks did respond with his opinion – that “people marry who they want to”, but in no way did he exercise his responsibility as a manager to stop her discriminatory remarks and she continued on.

I was harassed, discriminated and retaliated against because I am highly educated, I am a woman, I am married with children and I am an African American married to a Caucasian.

 

Lisa Squirewell initiated many of the harassment/discrimination incidents I survived while she had the full support of John Howard and Michael DiNovi (District Sales Manager).  Lisa is a single African American woman without formal education.  She has been with the UPS in excess of 11 years.  Michael DiNovi and John Howard did nothing to restrain her after many requests on my part.  They acknowledged they knew what she was doing and fully supported her.  UPS policy and employment laws meant nothing to them.  I was repeatedly told, “this is UPS, and we are a different animal”.  While under Lisa’s supervision I received an e-mail from her threatening me with disciplinary action contrary to UPS’ policy.  Michael DiNovi and John Howard had prior knowledge of the e-mail and did not prevent her from sending it, nor did they reprimand her after she sent it.

 

I continually attempted to bring these issues to John Howard’s attention but he refused to talk to me and on occasion literally ran away from me when I tried to speak with him.  Michael DiNovi brought John Howard over from accounting and made him department manager about the same time I was hired.  UPS policy is a person is to become a supervisor before becoming a manager.  HR looked the other way.  When I questioned Michael DiNovi about how John was handling my situation, he chalked it up to immaturity.  Michael said John was a supervisor trying to do a manager’s job.  Michael never questioned John’s actions or inactions nor was John reprimanded.

 

Michael DiNovi asked me “If you were white would Lisa treat you the way she was treating you?”  My response was, “If I were white you wouldn’t allow it.”

 

Michael DiNovi told me that my harassment issues were because of Lisa Squirewell.  I was told at the time she was the problem and would be moved to a different department. (While this seemed encouraging at the moment it later became clear to me that this action is not according to UPS’ policy regarding harassment.)  When I questioned John Howard’s involvement – Michael stated emphatically John was innocent and that it was all Lisa’s doing, but I didn’t buy it.  As a result my work environment became more tumultuous and those who I should have been able to look to for support and supervision instead gave me the cold shoulder and glares.  It became a very uncomfortable environment in which to work.

 

At the time Michael was playing Lisa and I against each other.  She was being promised things and so was I.  (Michael DiNovi told me many times he was sure Lisa would fail in her new position, which she did, but she knew someone on the board, and used her contact to save her job.)  I was told Derek Williams would become my new supervisor when Lisa was eventually moved.  He did subsequently assume Lisa’s position but I never worked under him because at that point I was told by John Howard, Michael DiNovi and Lisa Squirewell that UPS had budget constraints and there wasn’t enough money for my job.  Lisa was moved to a job that was supposed to require a degree and my job was dissolved and my responsibilities were dispersed.  That only happened after I had introduced Derek to all the contacts I made and the projects I was working on under the guise of “teamwork and being on the same page” under the direction of Michael DiNovi and John Howard.

 

The only Caucasian woman (Crystal Almond) in the department was treated with preference.  Crystal had no degree and at the time was taking art classes.  Most of the time her office attire was not in accordance to UPS attire per the manual and she was not reprimanded for it.  She was pretty, blond, and had a great body and all the guys loved it.  Her excessive rings and jewelry were overlooked.  Later, Michael DiNovi bragged about promoting her to the most important job in the district.  She was put in charge of determining the bonus pay for the sales force.  She had no sales experience and more qualified people were overlooked.

 

In one meeting for which I was given no advance notice, (this was typical of my experience) the harassing and discriminating remarks overcame me.  Michael, John and Lisa attended this meeting.  I was still under Lisa’s supervision and she presented a list of infractions (a record she had been compiling with John Howard’s blessings).  These were things I had supposedly committed and were transferred to a corporate form (in this meeting), which I was not allowed to see (the Pittsburgh form) or receive a copy of.  I requested a copy because I wanted to document my treatment as the supposed infractions were fabricated.  I was then told the Pittsburgh form was used for part-timers and non-management people.  I questioned why it was being used against me since I was neither and no one could answer.  I was even told by John Howard, Crystal Almond had been complaining about me but they wouldn’t specify what the complaints were. Michael DiNovi told me,  “You are a woman, you are married and you have children and you need to be home with them.  Then he said, “Your blood doesn’t bleed BROWN”; John Howard and Lisa Squirewell concurred. Lisa was set up to be the example.  Then I was given a choice between losing my job or answering phones at night.  This involved coming into the office twice a week, at night, for about three hours and sitting in front of a phone that did not ring except for Michael DiNovi’s call to see if I was there.  Within UPS’ corporate structure, at the district level this was a menial job held by part time workers  – not managers.  Michael DiNovi quipped; “I don’t fire people they quit on their own”.  John Howard gave me a time limit to decide.  I left the meeting in tears.  John later called me at 7 pm at home to get my answer.  

 

In our department no white person was treated as I was.  In our department no white person lost their job or had it dissolved because UPS did not have money nor did they have to answer phones as I did.  In our department no white person had as much education as I did.    In our department all the white people (John Howard, Derek Williams, Crystal Almond) were promoted by Michael DiNovi to regional jobs. 

 

It was also very curious how The Marketing Department continued to sponsor organization events but did not have money for my job according to John, Lisa and Michael.  In a meeting with RTRP, and E-Comeleon, John Howard offered Ted Abernathy $7,500 as a part of the strategic partnership in essence for business leads.  E-Comeleon was looking to open an office in the states.  They are a British company and they were leaning to a location that was heavily supplied by FEDX.  They did locate in the RTP area.

 

I started to take these issues to Pat Donoghue, Human Resources manager but her handling of the matter involved calling Michael DiNovi and giving it back to him to resolve.  On one occasion, I was told to stay late that Michael was on his way back to the office.  When Michael arrived he called me into a meeting room against my many objections.  I objected because Human Resources was not a part of the meeting.   William Battle asked if I wanted him to stay.  I had seen him around but I had no idea how he fit into the picture, so I declined his presence.  He did not identify at that point in time what his purpose was in offering to stay.  Only later did I become aware he was with Human Resources but at that point it was to late.

 

In this meeting, Michael DiNovi began berating me.  He cursed me, yelled at me, and threatened my job if I didn’t tell him what I was going to tell HR.  He also threatened me with time off.  At that point I was in tears and he then said it was my fault I was being treated the way I was.  He said I brought it on myself.  There was no one in the room other than Michael and myself.

 

Every time I called Pat Donahogue, she was never available to meet with me.  I would have to wait at least a day.  A lot can happen in a day.  Pat would then call Michael DiNovi and he would the emotionally beat me up and control and manipulate me.

 

Michael DiNovi also stated that if I continued to go to Human Resources, I was painting a bull’s eye on my back and I might not have a future with UPS as a result of it. He was right.

 

I went to Bob Eichhorn (Labor Relations) for help.  What a mistake.  In a meeting with Bob and Michael DiNovi, “I was told I was the problem and the company did not have any more money to pay for my job and I was going to have to do something else”.  In another meeting with Bob Eichhorn and John Howard, I was threatened again and told, “Who do you think you are?  You are going to do as you are told”.  Bob Eichhorn also told me, “You weren’t physically injured, you aren’t bleeding, -- what are you complaining about?” 

 

Michael DiNovi and Bob Eichhorn later asked me “If you were white would Lisa treat you the way she had treated you?”  I responded as I had to Michael before.  I did not understand why this question kept coming up from top management in UPS.

 

I went to several upper level managers within the district and corporate, for help and relief but they would not get involved.    The harassment was continuous and ongoing.  UPS condoned and fostered it. 

 

I went back to Human Resources so many times and Pat Donoghue refused to get involved.  She would not acknowledge anything I was saying nor was I informed of any rights I had or outlets for grievances.   

 

To shut me up I was subsequently transferred to a sales team headed by an African American female sales manager, the only one in the entire district.  (With whom I had achieved a good report.)

 

I requested on several occasions from Bob Eichhorn, my company right to file an internal complaint against Michael DiNovi and the others and was turned down with no explanation.  Bob Eichhorn later retired and Michael DiNovi hired Bob’s daughter Peggy Eichhorn to the same sales position I had held.   What a coincidence.

 

The entire ordeal destroyed my health and almost destroyed my marriage and family.  I went on a leave per my doctor’s orders.  Management employees are supposed to receive STD and LTD. UPS by way of Kemper fought me on every single detail.  Kemper serves only as an advisory role in these matters and UPS has the final say.  

 

The harassment continued with Kemper/UPS.  I am told it is normal for an insurance company to deny benefits but Kemper was unbelievable.  Kemper did not have my correct address after I had repeatedly given it to them and after I had brought it to UPS’ attention.  I often received late night phone calls (as late as 10 pm) from Kemper representatives demanding information I had already provided them but somehow they never seemed to have. Kemper sent correspondence to me with addresses that did not resemble my own.  Some of these correspondences contained deadlines for response.  I have no way to know what I didn’t receive.   On one occasion, I was told I was denied benefits because I did not get my claim in on time, when I documented that I indeed did and had time to spare.  For this I proved otherwise but the result was the same.  I was six months into my leave before UPS provided me with the manual regarding their policies for leaves etc. after I made numerous requests.  Shelia Higgins (Occupational Health Manager) kept ignoring me.  To this point I am not sure why I bothered to try to get a copy of their policies because in my experience UPS never followed them anyway.   Kemper did not honor their duty to deal in good faith and UPS condoned it.  After 12 full months of fighting UPS over my disability benefits and having them denied UPS’ status of my employment remained that I was on a personal medical leave.  I was told by the new HR manager, Greg Barr that if I wanted my job I had to return to work.  I was still on leave under my doctor’s care.  So I had to make the choice of returning to work ill, and attempt to perform a job for which I was not physically fit or allow UPS to fire me according to their policies.  UPS manipulated the system to force me in a category for which they could terminate me in accordance with their policies.  You see there was this clause in their manual that said I could be terminated after 12 months on personal leave.  Greg Barr said it was to protect UPS. 

 

The second level appeal went directly to UPS and was at their discretion.  Again it was denied without ever requesting my current medical information.  And it wasn’t done within the time parameters they (UPS) set per their manual.

 

UPS refused to acknowledge that I was warranted disability payments for which my benefits were to provide nor did they request I see any of their doctors.   My primary doctor thought it odd UPS never contacted them to get my medical records. How can UPS honestly make an accurate assessment with none of my current medical records and what are they basing it on?

 

During my medical leave, I asked Greg Barr to honor my right to file a company complaint against Michael DiNovi, Bob Eichhorn, Lisa Squirewell and John Howard.  He said we could “talk” about my “concerns”.  New person, same old song.

 

In my orientation as a new hire I was told by Michael DiNovi, “We treat our people fairly”, “We take people from the cradle to the grave”.  The image presented was not the reality.  The tactics and methods used against me were the same as those used by slave owners as recorded in history including hiding behind an old uncle tom.  White slave masters used such tactics to keep slaves in their place and powerless.  Bob Eichhorn told me I was going to do as I was told (translation:  get back in your place and your place is where we put you and if you fight, you will suffer). I became the example for the rest of the African Americans in that office. 

 

UPS’ actions put me under extreme financial distress.  They made sure I had no STD, LTD payments, no income, no unemployment, absolutely nothing.  The only way to avoid bankruptcy was to deplete my entire retirement savings.  Now I have no job, no savings but the medical bills are still there.  Again UPS was putting me under such financial pressure as to attempt to force me to quit.  I guess we’ll either starve that n***** to submission or death and it don’t really matter which one.

 

I went to the EEOC for help but my case was mismanaged.  I went to the NAACP for help and my case has been reopened.