Bay Area Reporter - Friday, April 16, 1999
Cynthia Laird

Foundation officials and their attorneys from Morrison & Foerster had until Tuesday, April 13 to respond to several of the complaints filed with the San Francisco Human Rights Commission (HRC). Additionally, the HRC convened a mediation hearing Tuesday afternoon in an effort to settle a complaint by Erik Dubón, the former manager of SFAF's Vida y Movimiento program that the foundation scrapped last July.

A finding of discrimination by the HRC is a matter of public record, and could lead to the imposition of fines, the revocation of city contracts, and debarment from proposing on future city contracts.

Dubón, who was employed at SFAF from January 1993 until July 31, 1998 - the last day of the Vida program - submitted evidence alleging deliberate harassment, discrimination, and intimidation by SFAF Executive Director Pat Christen after she reportedly left a hand-written note taped to the mailbox at Dubón's house on a Sunday morning last August.

Among Dubón's charges in his HRC complaint are that he was paid a much lower salary than other managers with the same level of responsibilities; that he was treated differently than any other manager when SFAF reorganized and created the HIV Services and Treatment Support (HSTS) division; and that he was given conflicting information from upper management about his future with the foundation after Vida folded.

Apparently, things came to a head last July, as the Vida program was in its last days. Dubón wanted the job of team leader in housing operations rather than director of information, referral, and volunteer services because he stated, he was told by SFAF Director of Programs Rene Durazzo that he would have to deal with "difficult personnel issues" involving "troublesome employees."

"All these complaints were of discrimination and came from Hispanic employees," Dubón stated in his complaint with the federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing.

Dubón stated in his complaints that he was told to accept the housing job on a temporary basis and that he would have to apply for it. "No other manager or employee in HSTS had been asked to apply for a position during the reconfiguration process," stated Dubón. After meeting with Susan Haikalis, HSTS director, on July 31, 1998, Dubón still had no formal job offer and instead gave her a letter in which he opted for the severance package offered to other employees who had elected to leave rather than accept new positions in HSTS.

E.D. phones home

Christen later called Dubón at home and said what had occurred was a "mistake," and she wanted to meet with him; he declined. On August 1, Dubón got a phone message from Durazzo, and the next day, Dubón got the hand-written note from Christen.

Dubón told the Bay Area Reporter Monday, April 12 that he and his partner, who is living with HIV, were upset by the move. "It was one of the tactics of intimidation," Dubón said. "My partner is HIV-positive and she [Christen] doesn't care."

In the letter, a copy of which was provided to the B.A.R., Christen stated she was "deeply saddened" by Dubón's decision to leave the foundation. She also stated that if she did not hear from Dubón by Monday morning, she would "assume that you want your decision to leave the foundation to be final."

In his written response to Christen, Dubón was critical of receiving the note at his residence, and said that his departure from SFAF was not voluntarily, but "an enforced layoff driven by discriminatory actions and manipulative misinformation by SFAF upper management."

Dubón at first hired a private attorney but settlement talks went nowhere so he filed his complaint with the HRC.

Mary Gin Starkweather, HRC's contract compliance officer handling the SFAF complaints, told the B.A.R. that the commission is "actively working" to resolve Dubón's complaint.

SFAF 'like third world'

Starkweather said she doesn't know whether the other HRC complaints filed by current and former SFAF employees are valid, as the foundation has yet to respond. Initially, HRC granted the foundation an extension, but then denied SFAF's attorney Miriam Wugmeister's request for additional time after HRC received second complaints from some workers stating that alleged discrimination had accelerated and they were experiencing retaliation as a result of the initial complaints being filed.

Former SFAF employee Virginia Velez has also filed a state and an EEOC complaint, in which she alleges discrimination and stated that she was hired at a lower rate of pay than other employees who are Caucasian. "My skills, experience, and education are minimized and whenever possible, dismissed, while others who are Caucasian are regarded in the brightest light and given responsibilities and staff to supervise to enhance their professional development," Velez stated. She was hired as a shift scheduling supervisor in the community information and education department.

Several current employees who have filed complaints said they didn't want to be publicly identified because they fear recrimination by the foundation; however, copies of their complaints show that some were allegedly belittled by SFAF management and called into meetings where they were threatened with disciplinary action.

Jano Oscherwitz, field representative with the Service Employees International Union (SEIU) Local 790, which represents SFAF line staff, told the B.A.R. that complaints of alleged racial discrimination are nothing new at the foundation. In addition to the HRC and EEOC complaints, Local 790 filed a charge of coercion against the foundation with the National Labor Relations Board. That case is pending.

"The union filed it on behalf of several employees," Oscherwitz said, adding she's not surprised by the other complaints. "Discrimination has been going on for years, there were over 14 charges based on race before the union got involved. I'm a lesbian and I'm surprised the gay community has not been more vocal."

SFAF's workers became unionized in late 1994.

Oscherwitz reiterated the fear employees have about coming forward with allegations and pointed to sections of SFAF's personnel handbook that prohibit employees from talking to the media without prior approval from management, as well as notification that employees' phone calls, voice mail, e-mail, computer files, and other material can be monitored at any time.

"Employees are not authorized to discuss internal operations of the Foundation," the personnel handbook states.

"The way SFAF is being run is like a third world country," Oscherwitz told the B.A.R. "Employees are afraid to meet with me."

Gustavo Suárez, SFAF's communications director, told the B.A.R. that it's the foundation's policy not to comment on personnel matters. He added that the foundation takes allegations of discrimination seriously.

"The foundation values a diverse workforce and takes allegations of discrimination seriously and investigates quite thoroughly," Suárez said. He added that union negotiations are set to begin soon. Additionally, Suárez said the foundation is not spending any of its $19.7 million annual budget battling the allegations. Legal services are being provided pro bono.
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