Friday, August 27, 2010

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DECLARATION OF LEANDROS D COOPER SR




On this day personally appeared Leandros D Cooper SR, who swore to the following under penalty of perjury:



I , Leandros D Cooper SR, have personal knowledge of the facts stated in this affidavit and they are true and correct. I am over 21 years of age and I am fully competent to make this affidavit.



1. I am black-American. While working for Wal-mart. Several associates made discriminatory comments. I was harassed on the job. I was assaulted on the job. I was retaliated against on the job . I also was assaulted an harassed while I was on medical leave of absents from wal-mart. I applied for a truck driving position through the mail, with wal-mart for 5 different distribution centers with one application. I was called for a interview by the Hurricane, UT. D.C. I went to the interview around July- 2005. during my interview with Eric Lasher the G.M. While im sitting in his office MR. Eric Lasher gave another white wal-mart driver out side the office a thumbs up or thumbs down for hiring me. After my interview with Eric Lasher while I was sitting in the drivers break room, with another white driver. Eric Lasher said to me, we do not wear tie’s around here, Eric Lasher ask the other white driver is that right, the driver said , that’s right. Eric Lasher was referring to me being dressed in a suite , an tie for my interview. So I departed, wal-marts management said they would be in touch with me. I was contacted around the end of august-2005. by the Hurricane, UT. D.C. To go to New Braunfels, TX. D.C. To take a physical , an drug screen. So that’s what I did. Then I was contacted by the Hurricane, UT. D. C. to be scheduled for a 4 or 5 day orientation. I was hired October 4 .2005. as a interregional truck driver. During the orientation with 8 other white driver’s. during a lunch break in wal-mart cafeteria in Hurricane,UT. A white male associate from the warehouse told me, monkeys dress like that, while I was in the cafeteria oct-2005. So I reported this remark to the lead operations manager. Michael Digioia. The white associate was referring to my civilian clothes. During a 5 or 10 min break , during the orientation Eric Lasher told me no gun’s oct-2005. the first week management teamed the new drivers up with a mentor. my mentor was Barry a white elderly male. One afternoon during my training, while at the Hurricane, UT .D.C. I was in the rest room preparing for a shower, when a white elderly wal-mart driver approached me, got up in my face, and said. this is a good old boys company ! an he wonted to fight me because I am black . My mentor Barry got in between us , an push the white driver away from me oct-2005. The next day or so Darwin Jones. Is black . the regional terminal manager showed up, an spoke with me ,an said to me this use to be a good old boy company but not anymore oct-2005. after a few days with my mentor Barry. Barry tried to convert me into the Mormons; he asked me do I wont to become a Mormon, I said no. Barry said most of the people at the warehouse were Mormon’s. The 9 new drivers was asked to team up in pairs. The 8 white drivers’s teamed up with each other, one team was a husband an wife team. I was the only black driver that was solo, without a partner. So management forced a driver, Gustavo to ride teams with me , after Gustavo picked a white driver Walter as his partner. Gustavo was furious about teaming up with me because I am black. Management should not have forced Gustavo to DECLARATION OF LEANDROS D COOPER SR

team up with me. You do not do that with team drivers. That is bad management of team drivers. So as we teamed up Gustavo told me , he did not wont to be my friend or even talk to me at all , while we were on the truck. During a week out on the road at a truck stop in the men’s room Gustavo tried to pick a fight with me because I am black. Gustavo misplaced his cell phone on the truck, started crying , an running the truck off the road while he was driving. Gustavo went into a nude bar twice, on his own , an blamed me cause he went into the nude bars. Gustavo also thinks all black’s like fried chicken. I complained to management about Gustavo,an so did he about me. But was told by management we are stuck on the truck together for 6 month’s until realignment. Eric Lasher told me in nov-2005. I was going to run right through this place. Eric Lasher was referring to me not being white, that he was going to make sure I run right through this place because im black. In nov - 2005 . I call wal-mart recourse for living , an wal-mart ethic committee to complain about race discrimination. I also called Darwin Jones the regional manager to complain about race discrimination. In dec – 2005 . I was placed on a different truck with Don a white driver that was on vacation until jan-2006. Gustavo was placed with Walter the driver he picked at first. One morning while driving on the yard for work at Hurricane , UT. D.C. I saw don on the truck, don was still on vacation .he said he came to get something’s or something off the truck. A day or two later I had a fire in the sleeper under the bunk. I almost choked to death in my sleep from the smoke. The bed roll under the bunk caught fire, I through it out the window it burst into flames , I put it out with a fire extinguisher dec-2005. After the truck fire Shawn Parker a operation manager sent me to take a drug screen dec- 2005. jan - 2006 . Don came back from vacation to ride team’s with me , unpleasantly . Don told me, I cant be seen riding around with a burned co-driver. I reported this remark to Julie winterton the human recourse manager. Julie winterton an Necia Bulloch wrote a report up on this incident . I was forced to stay on the truck with don, after I made this complaint, an management wrote it up. The 3 black drivers was forced to ride on other drivers trucks, because the black drivers was not assigned to a truck. Meaning only one driver is assigned to a truck, the 2nd driver is the co-driver. Management falled to allow me the opportunity to stay in hurricane,ut . an run solo. A husband an wife team said here comes the nigger. As I was walking up to the warehouse from my truck dec- 2005 . I called wal-mart recourse for living , an wal-mart ethic committee to complain about race discrimination dec-2005. I complained to Eric Lasher about race discrimination. And Eric Lasher told me, we didn’t have racial problems until you showed up here jan-2006 . The day I transferred out of Hurricane , UT . D.C. Eric Lasher told me Paul Peterson is his Pezos . Julie Winterton said I though you wonted to join the Klan jan-2006. I was given a brown envelope, my personnel file by Julie Winterton, to give to Kay Murphy in Sealy,TX. D. C.





2. I reported for work at the Sealy, TX. D. C . jan -2006. I was told by Kay Murphy to stand out side her office , while Kay Murphy, Billy Williams, George Murdock, Ray Gilky. Went over my personnel file, an information on Kay Murphy computer. Billy Williams came an told me, why did you tell them people all your business. Then I was DECLARATION OF LEANDROS D COOPER SR

forced to go through two more orientation’s . Management teamed me up with a mentor , Marvin Jones for about 7 or 8 days running local. While training with my mentor ,Marvin Jones. A wal-mart driver John Johnson asked Marvin Jones to ask me for some zig-zag’s . Marvin Jones also told me. I feel sorry for you. An Marvin Jones told me not to complaint . about being abused .Operations managers, an my mentor Marvin Jones over booked my loads. I didn’t have time to take lunch breaks. Management did not train the other white drivers this way. That went though orientation with me like this. Don, Dennis, Darren, mike . Two of the white driver’s Darren, an Dennis became store ambassadors. I was forced to run local, after I bided an was awarded to run interregional. The white drivers ran the routes they bided on. George Murdock, Calvin Johnson, Michael Comely, Dennis Ramsey, Roy Wattle, Dennis miller. In sept – 2006 I complained to Danna Fuller about this. I was told I was not in the system at all. Management felled to put me in the system to run interregional .



3.Paul Peterson, the G.T.M. said after my training with my mentor Marvin Jones , I hope you learned a lesson feb-2006. Paul Peterson was referring to the operations managers ,an my mentor Marvin Jones dogging me out with back to back local tight store loads with no lunch breaks. Then days later Paul Peterson said we are a family here feb-2006 . Mar- 2006. Kay Murphy the human resource manager, told me , they should not try to run people off, they should let them leave on their own. Then days later she said, they should be a shame of themselves. may -2006. john a driver from hurricane, UT. D.C. called me a monkey during a phone conversation with him. Rob an operations manager told me I cant hang in his neighborhood. rob also told me my apartment may be on fire in Katy, TX july-2006. rob also punched me in the arm an stomach, during a conversation, an then ran aug-2006. Rob also made me go take a drug screen about aug- 2006. then about a month or so later Debbie Eddying made me go take another drug screen. at the Palestine, TX D.C. when I walked into the warehouse one of three white drivers sitting at a table said nigger oct-2006. Chariest Lambros a safety manager said I needed to be careful. A senior driver George Murdock was at DR. Mark Bing office, while I was getting my D.O.T physical and Murdock told DR. Bing an his nurse to , bury him deep , apr-2007. Ruth Johnson a dispatch coordinator asked me, has anybody whipped you yet ? jan - 2007. Danna Fuller, the regional human resource manager told me , after I told her about mike Hanson assaulting me, she said that wal-mart is liable, do you know what this says about management ? feb - 2007.





4. During the course of my employment in Sealy, TX. I made numerous complaints. In sept-2006 , I complained to Danna Fuller, the regional human resource manager that white drivers are given more favorable routes, more miles and better pay. With regards to my complaint about my pay, I believed that my pay was lower at Sealy, TX D.C. because I ran teams at the Hurricane ,UT. D. C . With regard to mileage and routes, I complained that they made me run local and domicile ,after I bid for an was awarded interregional. I also complained to Danna Fuller , the regional human resource DECLARATION OF LEANDROS D COOPER SR

manager that I was forced to take too many drug screen’s. 5 – 5 panel drug screens, 1- 9 panel drug screen , 1 alcohol screen. None of the white drivers were made to take as many drug test as me. In oct- 2006, I complained to Kay Murphy, the human resources manager at Sealy , TX. That someone had torn my pay check, to make it look, like some one took a bite out of it. Dec- 2006, I complained that someone contaminated my baby wipes. I made this complaint because I suffered a rash on my face from my baby wipes. It felt like poison ivy. Feb- 2007, I complained to Larry Estes, the operations manager in Sealy, TX , that a driver urinated in my truck. I made this complaint because I smelt urine in my truck. Jan- 2007 , I also complained to wal-mart resources for living , and wal-mart ethics committee. I complained to both entities that I was being harassed, racially discriminated against and retaliated against. I also complained that wal-mart did not give me the routes that I bid for and they were tampering with my personal items. I also complained that I was being retaliated against for making my complaints.











5. oct- 2006, at the Sanger , TX. D.C. Mike Hanson, the regional transportation manager, deliberately walked up to me and smacked me on the right shoulder spilling hot coffee all over my wrist and hand. At that time Mr. Hanson had a sinister look on his face . jan- 31- 2007. Mr. Hanson assaulted me two more times. The first was at about 06:45 am. In the first assault, Mr. Hanson pulled behind my car in the Sealy , TX .D.C warehouse parking lot and after questioning me, he smacked me on the shoulder twice. During the defensive driving meeting on jan-31-2007. mike davis the safety manager looked at me an said “ get out of town before sundown “ then mike davis turned out the lights in the class room, then all the white drivers laughed at it. The other two black drivers was trying to get back into the class, but the door was locked. So Mike Davis open the door to let them in. The second assault , from mike hanson occurred about 13:30 at the end of a defensive driving meeting jan -31-2007. Mr. Hanson smacked me on the right shoulder again real hard . Mr. Hansen had to deliberately ran over about four or five drivers to get to me as I was heading out the door from the meeting, only 1 driver was ahead of me out of the 20 or 25 driver that was at the meeting , only 3 black drivers was at the meeting . The hit was painful and stung an threw me off balance . when I turned to see who’s hand was on my right shoulder, it was Mike Hanson’s hand. An Mike Hanson had the same sinister look on his face, from the first assault in Sanger, TX. The hit left a bruise on my right shoulder. The hit broke my skin and caused a scab to appear. In feb- 2007 , I complained to Larry Estes , Kay Murphy and Paul Peterson about mike Hanson’s assault . In a phone conversation with Curtis brown a wal-mart driver ,talking about the assault. Curtis told me, “ its trying to come out the same way it went in ” Curtis was referring to me being poisoned . cause I told him pus was coming out of my wound an that I was poisoned during the assault . But Curtis brown said he didn’t wont to get involved. Then another time DECLARATION OF LEANDROS D COOPER SR

Curtis brown told me. “ he ’s sorry that it has to go down like this”. Curtis brown kept telling me he use to be in management.







6. subsequent to my assault, I was taken by manager tom haggy , for treatment at the herman memorial hospital emergency room. About a week later wal-mart management referred me to the company’s , DR. Mark Bing ’s office for treatment. I was first treated by DR. Bing’s nurse . then I was treated by DR. Bing. I was forced to take a 5 and a 9 panel drug screen. I was forced to undergo an MRI of my head , neck , right shoulder , spine and forced to take a blood test. Wal-mart paid for the drug test, blood test, and the M.R.I’s. I was issued a fitness for duty certification on feb - 23 – 2007 by DR.Bing’s nurse . then dr. bing disqualified me from work for 60 days because of my complaint of dizziness. DR. bing issued another fitness for duty certification on apr-27-2007. DR .Bing felled to inform me of the injuries on the M.R.I. however, wal-mart would not allow me to return to work until I received a fitness for duty determination from either a psychologist or a psychiatrist. Dana fuller told me over the telephone that wal-mart would pay for psychiatric exam. I told dana fuller that this exam was not necessary. Kay Murphy gave me a list of psychologist, an psychiatrist to go see. I was forced to go see a psychologist an psychiatrist by wal-mart. I picked a psychologist from the list, that Kay Murphy gave me. Dr . Lisa weaver on apr-11-2007. but dr. weaver would not talk to me. Dr. weaver , secretary told me I needed to see a psychiatrist first, before she could talk with me. Wal-mart paid for dr.weaver time. I had made several attempts to see different DR. that could book me for an appointment. One psychiatrist told me I had personnel an legal problem’s at work. I did inform management that this type of an exam is not necessary. I went to see a psychiatrist named DR. runa gottumukkala on may-4-2007. DR. gottumukkala issued a report stating that there was nothing wrong with me. I gave this report to wal-mart, however, wal-mart still refused to allow me to return to work. I went to another DR. office on the list kay Murphy gave me. Dr. rakesh desai, on sept-19-2007. I paid for the exam myself. I had dr. desai office fax the report to wal-mart attorney, Linda noel Fleunmond on Sept-19-2007. that day , I spoke to wal-marts attorney and she stated that she received it, an that she would give it to wal-mart. Linda noel Fleunmond told me not to get in contact with wal-mart anymore , she told me to make all my contacts thru her may-2007.



7. I filed an EEOC charge on may-1-2007. I did not have an attorney at the time I filed my charge. Subsequently, Dana Fuller told me that she could not talk to me any more because I mentioned her name in the EEOC charge. She told me to speak to ED Parrish. ED Parrish told me, you’ve passed the physical part but not the mental part. I was called into the warehouse in Sealy, TX by management ,the day after I turned in my fitness for duty report . I was terminated for ,misconduct ,integrity, an fraud. I was told during my termination , by Kay Murphy, that I went to see the wrong doctor.







DECLARATION OF LEANDROS D COOPER SR

I declare under penalty of perjury that all of the above statements are true and correct.





Date:_________________ Leandros D Cooper

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