The Equal Employment Opportunity Commission is investigating a complaint recently filed by a black Ball State University employee concerning racial harassment on the job.
Maetta Vance, a 16-year employee of University Banquet and Catering, filed the federal complaint in early January, detailing how her supervisors and a white female truck driver discriminated against her verbally and physically, said Mark Waterfill, Vance's attorney from Indianapolis.
"Some time ago, she had actually been struck by a co-worker, and I think she felt there was improper language being used in the workplace," Waterfill said. "So she had had enough and decided she was going to file the lawsuit."
Heather Shupp, executive director of University Communications, responded to the complaint on March 10 after requesting an extension from Feb. 15 to ensure a complete response with the legal counsel of attorneys at DeFur Voran. Shupp said the complaint included allegations of discrimination based on race, sex, age and retaliation.
"I think the university has expressed its position in the statement it has filed," Shupp said, "and I think the university's hope would be that the position would be seen as valid."
Shupp said the matter has already been handled internally.
"There were personnel issues or complaints about issues that arose prior to the EEOC complaint, and those issues were dealt with through the usual university process," Shupp said.
Vance said during the past few years, she was called names such as "nigger" and "monkey" and was watched closely by her supervisors, in addition to being hit in the head by a co-worker. Several other co-workers also witnessed the graphic events, she said. The environment, however, has not changed since she filed the complaint, Vance said.
"I'm trying to figure out what they're going to do or if they are going to do anything," Vance said. "I'm just really shocked because I have to live it everyday ... and it seems that nothing is being done."
Vance said Ball State's Office of University Compliance, which is responsible for affirmative action issues, encouraged her to address the issue within the university instead of going outside of the university for help.
"But I didn't want to take a chance that nothing was going to be done, so I did what I had to do," Vance said.
Shupp said the compliance office had mechanisms in place for investigating complaints internally prior to filing complaints with an outside entity.
Vance and Waterfill must wait 180 days after filing the complaint before they can ask for the right to sue, Waterfill said.
Most EEOC investigations are closed within three to nine months but can take up to 24 months, Shupp said. When the EEOC does take action, it can dismiss the complaint outright or ask for interviews or additional information.
When a complaint is dismissed, the EEOC issues a "Notice of Dismissal and Right to Sue." At that point, the complaining party has 90 days to file a lawsuit, but if the complaining party does not file the suit within the 90 days, the action is barred, Shupp said.
Since March 2004, 15 EEOC complaints have been filed against the university. Since 1995, all complaints have been dismissed without a finding against the university, Shupp said.
Waterfill, who has handled several discrimination cases, said Vance's case was his first against Ball State.
"It's sad, but it is true that discrimination does take place today," Waterfill said.
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