DIVERSITY A MUST HAVE

DIVERSITY

Experience under pressure

THE PIONEERING SPIRIT LIVES ON

?The Kenvil Atkins Story

?Through the grace of God and the blessings that flow from his merciful heart, this true extract is dedicated to the people who give their heart and soul to the company they work for, yet get little in return. But harassment, prosecution, and eventually dismissal. To all people of all ages who are young at heart. Looking back at my life I love to tell you this story, here I am seventy-one years later, traveling back with you to a simpler place and time.

?The Pioneering Spirit:

It was the year 1977 when I boarded the big Airbus 707 bound for the United States, the State of Florida the city of Miami, from there I would make my way north to the State of Wisconsin in the city of Milwaukee., This place has been my home until today 2024, coming to this country I was excited thinking of the opportunities open for me in the labor sector, I was prime and ready to make an impact, and the pioneering spirit pushed me on I was bound for greatness, yes it could have been that way, it was there to be taken, there to fulfill a dream of youth. Looking back I see the mirage and comprehend the wickedness of the heart from those who landed here before you and me. This is not a sad sack story, woe is me, it's too late for that now, fifty-four has now passed me by, but the pain remains. I am still swimming uphill by God's grace, retired and writing books and poetry, the blessing of Almighty God Jehovah.

?Nevertheless, I will tell you my story, at any point if that looks like you, something you have done to your compadre feel free to click off, it is said misery is not good to relate for it saddens one's heart, so, by all means, click off right here and now, if you think you know my story then you too have experience pressure under fire.

Arriving in the city of Miami you must first go through immigration and eventually customs. I left the Island with one suitcase and nothing else, the only pair of shoes I owned was on my feet even that fell apart during the struggle to move through Customs and Immigration in Miami

?After making it through customs, I removed the shoelaces and firmly tied up the front of the shoe that was falling apart, to avoid the front part from falling off. Lifting my heavy suitcase, I made a dash for the gate where the 707-air bus was waiting that would take me to my next destination the State of Wisconsin.

?Fifty years of residing in the United States has taught me many things some good and some bad, I could say without a doubt that I have met some strange people indeed. People form a melting part coming from all parts of the world, seeking opportunity, each doing their own thing loving and hating, according to their beliefs. One thing was clear to me no truth could be found in those people; a lie is readily accepted while the truth will condemn you. If not for the written law you would not stand a chance for justice.

?They profess to be a nation of laws with freedom and justice for all but that is not the truth, the truth is there is a law for the wealthy, a lesser law for the middle class, and no law at all for the poor so when a poor person gets justice in the courts it becomes big news.

Skin color matters a lot to these people, some hate just black people while others hate every color of people and would do anything to destroy them. They look you straight in the eyes and flat-out lie about something and everything else you know not of to the point of their teary eyes.

Hey, they like to be in the limelight they will do anything to be noticed, short of giving their life if it will be adversities for the public, their giving is only to be viewed in the media. However, like all bad things, there are good things among the bad but they are exceedingly rare.

THE COMPUTER ROOM

The computer was the in thing so why not computers, on my first trial for a job that required computer skills I was lucky to meet all the requirements a short typing test ace and I was hired. My first day at work was as challenging as you can imagine, with no computer skills or knowledge whatsoever I was expected to do the impossible, load reel tapes in a standalone machine, as if that were not bad enough, they expected me to also load cartridge tapes in a machine to which I had no idea when to mount such tapes. Change paper in the huge IBM printers, those reels weigh five hundred pounds.

On day two found myself doing the same routine and more, I was comparing prints on something called microfiche, I had no idea what I was doing as if that was not bad enough, they even wanted me to load paper in several different types of printer. You can imagine my surprise when I saw how big those printers were and how large those bails of roll paper were, it took three or four of us to lift one bail. ?

Day four now they wanted me to put to the test what I had been taught, oh boy! My mind hit a blank, I decided to fake it after all the other employees were doing it, and of course, I did not know that some of them had been working there for years. To my surprise I threaded a reel tape into the machine and started the machine without the tape falling off, gracious me it works. ?

Of course, I became good at mounting tapes, I should have tarried a while for the very next week I was sent to the microfiche room. Every piece of the film looked exactly alike to me, yet the other employees had several piles in front of them I just did not grasp that concept and it became evident to the crew that I was way out of my league and I was slowing down production, they were so right. ?

In week two in step my manager Mr. Steve Mau, Peripheral manager, I knew that my career was short-lived but I thought I gave it a good try. You’re not doing too well in the fish room he said to which I replied yes, all the films look alike and I don’t know for sure how to arrange them in order, then he said to me they told me that you are pretty good at mounting the reel tapes and also the cartridges, yes I reply it looks easy if you get the basic down, then he asked me how long have you been working here, two weeks I reply

I told him that I was employed by a temp company called Manpower, how do you like what you do here he asked, I love it, but I don’t know if I am cut out for the fiche room. Well by now I thought the man sure had a way of letting his employee down easy, to my surprise he said to me when you come tomorrow first thing come see me.

The following day I came to see him, taping me gently on the shoulder he eased me to a section of the room and introduced a gentleman by the name of Dan, this is Dan he said he had been with us two years now, from now on you will work with Dan he said, Dan will teach you all you need to know, ask no one but him if you have a question, thus began my friendship with him.

Careful who you call your friends, If you should befriend them for they have no conscience when the time is right they will turn on you like milk to butter in some cases like a pack of wild dogs, I witnessed that myself during my first encounter with the people I call friends, oh how I wish I knew their character beforehand this would have averted me from the suffering and humiliation I undergo at their hands,

I was naturalized as a citizen of this great United States of America, and on June 8th, 1994, I was hired by M&I Data Services Inc., as a Peripheral Computer Operator salary of $19840.

?Two years later got transferred to the Command Center and eventually got transferred to the Open Systems, at an unknown base salary, the Open Systems department was created from the ground up before that time no such department existed in the newly named Metavante company, individuals from the Command Center who previously monitor the Unix environment were recruited to head this newly created department operation.

?Those were the names of the successful applicants myself, and four other individuals plus the new Manager. I was the only black male in the newly created department.

?Except for the manager the other four employees plus I shared one thing in common, the job responsibilities; we performed equal work and generated equal skills and knowledge of the job. All of us worked at the command center and each of us monitored the UNIX environment.?

The working conditions in the newly created Open Systems Department platform, we shed the same responsibility and performed our duties under similar working conditions at different intervals, I was not treated like the rest concerning position and pay, according to the Equal Pay Act of 1963 (EPA) which protects men and women who perform substantially equal work in the same establishment. I got paid much less than my colleagues, We were all engaged with the same responsibilities and working conditions. my overall performance rating throughout the year was (1) outstanding.

Yet working with that manager, I experienced discriminatory practices bias in promotion, intimidation termination frets, even though I had performed major accomplishments at the beginning of that period. I was not promoted or brought up to the level of my colleagues, I was denied a wage increase while the other employees got, put in for promotion but were turned down every time,? given an excess workload. This was all done under the watchful eye of the departmental manager.

?On several occasions I was summoned to Human Resources to answer charges that had no substantive evidence, the manager claims that I had left work early on several occasions the dates that were supplied could not be substantiated, as a salaried pay worker we have flexibility in judgment regarding hours worked, I work a total of 13 hours per shift.

I do not punch in a time card therefore his dates and alleged misconduct which he claims were false. a pattern of deceit exists surrounding the unethical manner in which the department manager conducts his day-to-day business. The manager encourages deceit among the employees, having them spy on each other and using the information for misrepresentation, as he did in my case.

His actions were discriminatory if the complaint were true it would stand to merit that all the remaining employees on my shift should have also been given warning notices for similar occurrences. I did nothing different, in satisfying his ego the manager subjected me to humiliation and embarrassment my rights under the Human Rights and Equal Opportunity Act were violated, but that did not seem to matter to this manager, he just kept on dishing it out

I would say that I was singled out for unfair treatment. This behavior pattern continued throughout my employment, in this newly formed department. At Metavanta, I endure it through negotiations and correspondence with the departmental manager’s group and Human Resources representative. Nevertheless, it continued up to the point it became apparent to me that the situation would not end until I was dismissed.

Going forward the department added two more employees a black female was employed with the rank of Technician 1, a white female was employed with the rank of Technician 11, and a black employee was placed on the weekend shift to be trained by me I was the only employee working on that particular shift, weekend night shift. I was asked to train that particular employee, mindful that a recent recruit a white female joined the department and was given a position higher than mine.

The weekend workload began to increase due to company mergers and accusations we got busy and needed extra help. The following year, the year 2001 in January the department advertised for a staff supervisor once more I asked for the position once again I was turned down by the manager; a white male was hired.

I filed a complaint and sent it to the departmental manager; we discussed the issue and settled on a working conclusion for promotion. On receiving my year’s end review I witnessed several none essential remarks written in there by my manager such as I was to interact more with a certain member of the staff, another demand that I voluntarily sign up for overtime duties, yet another stated that I acted inappropriately when confronted by management regarding a coffee cup incident drank coffee in the wrong cup.

I complained to the manager and then to? his manager regarding the remarks written? I asked to be reevaluated? later that year I got promoted to Production Support Technician

The department had added one more employee a white male and immediately he was given the position of Production Support Technician II, the white male had no prior training in that department nor did he possess any certification in the medium UNIX environment.

Oh yes, I also trained this new employee, I sent a correspondence to the manager entitled Before the goals, I conveyed my displeasure and sighted cultural differences, including hiring, promotion, job assignments, and training, we met and discussed several areas of my concern, nothing was done to substantiate change.

The department hired seven more employees, about seven more all white, out of the seven employees five needed and got training those that work on my shift got trained by me and others, one was hired as a Production Support Technician Senior, another Production Support Technician III, yet another Production Support Technician II, and one as a Production Support Technician I, and the last one as a Production Support Technician II, those five individuals were trained by me and others, the remaining two employees position was as such called special projects they needed no training.

Those employees were all hired to perform the same job functions and responsibilities except the last two, those former employees who were recruited back then together with me, all been promoted to Production Support Technician Senior, even the manager had been promoted to the rank of manager level 11, what about me Kenvil Atkins one of the initial employee I remained at a Production Support Technician II level, in five years I had only been promoted once.

An earlier employee who had been promoted to the rank of Specialist got fired and his position became vacant, I applied for the position the manager said no, and gave the position to another white male who got hired, and had only been in the department six months earlier. He did not possess a UNIX certification degree, and none of the five individuals recently hired possess a UNIX Certification Degree.

The managing director for that company gave a seminar on career development, Goal setting, Annual performance, self self-evaluation, I took the survey and was very distressed and disturbed by my findings. I then realized that this company had not only deprived me of equal work for equal pay but had failed to promote me on several occasions.

I have unlawfully held back privileges of employment in wages or benefits and had used the performance review to deprive me of advancement within the department, in five years I had only been promoted once. I had been on the job for five years, I informed the managing director that I believed I had been a victim of discrimination here at Metavanta company and sent him an extract entitled Embracing High Performance. He did not reply to my concerns.

I received a memo from the manager entitled final warning, I was again taken to Human resources, it was the same setting as before, only this time there were additional players, and the new supervisor was present, yet again I had done nothing to warrant summoning to Human Resources, the purpose of this was to humiliate and silence me, and also a means to terminate my employment before going public with my findings, according Under Title V11 of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) it is illegal to discriminate in any aspect of employment.

Realizing that my Civil Rights were violated I filed employment discrimination against the Metavanta company. During the month that followed my complaint, from May to November, the manager made it unbearable for me to work in the department, on several occasions I was scheduled to work alone, I was asked to work overtime,? messages were left in email format prohibiting me to use certain function of the email Application.

My working hours were adjusted and changed, I was unable to take a lunch break because no employees were scheduled to cover me, the situation got worse between care of my son who had a serious health condition, I spent my mornings and evenings at his bedside praying for a miracle. I started having severe headaches and suffered from anxiety disorder breakdown, once I was rushed to the Sinai Samaritan Medical Center and treated for post-stress disorder. Not being able to perform my job I was placed on a two-week medical leave, and my condition did not get any better.

Returning to work under the same manager was very stressful and depressing, the same condition existed as before, I needed a change I had a scheduled vacation coming which I took and pursued medical treatment, and I suffered a series of secondary anxiety disorder breakdowns.

I passed out for three minutes while on the job, my physician evaluation findings were that I was suffering from depression and a generalized anxiety disorder, he prescribed the following medication Lexapro and Lorazepam, ?later that year my son lost a seven-year battle with cancer while at work I received a call from my wife that my son had passed away.

My condition remains the same I have constant severe headaches and mild blackouts. They terminated my employment to which I appealed, the state’s findings and conclusion, to the Federal Equal Employment Opportunity (EEO) on the grounds of misrepresentation. Because of my present medical condition and needs which resulted from stress at work, I now seek monetary damages according to the Civil Rights Act of 1991 and charge that company with wrongful termination, age discrimination 52, retaliation, and termination.

April 8, 2004, I receive from the Department of Federal Equal Employment Opportunity (EEO) Laws

?A Certification to Hearing. My case is hereby certified for a hearing. The conclusion to that hearing was final I was told by the judge that the statute of limitations had expired for my case, very conventional, not convincing at all.

?FOR THE RECORDS

Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty" (such as the right to free speech.)

Under State, Federal, and local laws it is unlawful for any person to threaten, intimidate, or harass anyone because of a complaint filed, I submit to you a copy of a letter sent to me by Quarles & Brady from attorney Ely A. Leichtling demanding that I immediately withdraw a complaint of unlawful race, age, national origin, and retaliation discrimination file with the (EEOC) Case # 26GA301212.

The company claims that I have reached a confidential and complete agreement concerning my claims of unlawful race, age, national origin, and retaliation discrimination, to dismiss with prejudice the claims and to close the files permanently on these matters. For the record that is simply not true I have not reached any such agreement confidential or otherwise. However because of the fret poised to me from that company attorney I signed a release form. But real justice has not been rendered and never will.

It is now the year 2024 and time has erased the bitterness in me, I have moved on to better things you can say I survived the workplace and its horrors, time took its toll, and retribution sets in, delivering justice as it pertains to the individual who done me wrong, I should tell you the company has been sold out, the manager was caught having sex in his office and was fired, some of them has RIP, others have gone mad, and the rest in jail.

Fifty-four years later I can still feel the pain they put me through, a laborer is worthy of his pay and time sees to make corrections of indignance.

?By Kenvil Atkins / Author

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