White wins a discrimination suit
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White wins a discrimination suit
http://www.buffalonews.com/home/story/146892.html
Former state employee wins $150,000 in reverse discrimination case Black boss accused of using racist slurs By Dan Herbeck
Awarded $150,000, Mark Pasternak says he feels vindicated.
Mark Pasternak said he lost his state job helping troubled youths because he couldn't stand working under a black boss who called him racist names like "cracker," "polack" and "stupid white boy."
Pasternak was dismissed from his position as a youth worker with the state Office of Children and Family Services in 1999. But today, he feels some relief and vindication.
After a rare reverse racial discrimination trial in Buffalo's federal court, a jury Tuesday awarded Pasternak $150,000. Jurors found that his former boss, Tommy E. Baines, discriminated against him racially and created a hostile working environment.
Federal court officials said they could not recall any reverse discrimination case in Buffalo resulting in a larger monetary verdict. Most such cases wind up being settled or dismissed before they ever go to trial.
"I'm elated and overwhelmed," the 48-year-old South Buffalo man said in an interview Wednesday. "I feel like I've been to hell and back. . . . After all these years, the best feeling is, the jury heard his story and mine, and they believed me."
A seven-member all-white jury delivered the verdict after a two-week trial and almost 10 hours of deliberations. U.S. Magistrate Judge Hugh B. Scott presided.
Pasternak was subjected to three years of cruel abuse from Baines, a veteran supervisor with the agency formerly known as the state Division for Youth, according to Pasternak's attorney, David J. Seeger.
The abuse came in the form of race-based slurs, job sabotage and crude insults that Baines made about Pasternak in front of co-workers, according to court papers and testimony.
"You're a white boy, and I don't like white boys," Pasternak quoted Baines as telling him. "Handle it."
"He said that to me more than once, and he said many other things like that over the years I worked for him," Pasternak told The Buffalo News. "He called me cracker, polack, Paster-rat and stupid white boy. . . . I was sick to my stomach."
Pasternak said his boss also harassed him by removing documents from his desk and changing the locks on doors and filing cabinets that Pasternak needed access to.
The state conducted an internal investigation into Pasternak's allegations in 1998, court records show, and the investigation resulted in a $2,000 fine against Baines. But he was allowed to continue working as a supervisor.
Baines and his attorney, William R. Hites, did not return calls seeking their comment.
In court testimony, Baines contended that he and Pasternak never got along. Baines testified that Pasternak was an insubordinate worker who started making complaints about him to other officials of the state agency almost immediately after he became a supervisor in 1995.
When Baines took the witness stand, he was never asked whether he had called Pasternak "white boy" or any other derogatory names.
Pasternak testified that Baines did make such remarks, repeatedly.
"[Baines] never denied saying those things, and I certainly pointed that out to the jury in my closing argument," Seeger said.
A black woman who works at the state agency also testified that she heard Baines make derogatory remarks about Pasternak.
The alleged abuse led to insomnia, anxiety and depression for Pasternak, who took several medical leaves of absence before being dismissed by the state in 1999. The state later offered to rehire Pasternak, but he said he turned down the job offer because the state refused to guarantee he wouldn't be working under Baines again.
Pasternak has since obtained a railroad job, but "working with troubled youths was his passion," Seeger said.
In addition to suing Baines as an individual, Pasternak also tried to sue the state. But in a decision issued last year, U.S. District Judge John T. Curtin dismissed the action against the state.
Curtin ruled that the state did try to correct the problems by investigating Baines, fining him $2,000 and offering Pasternak other jobs after it dismissed him.
"The state did too little, too late," Seeger responded. "Mark's dilemma was that, in order to return to work, he needed to be left alone by Tommy. The state wouldn't guarantee that for him."
Seeger said he believes the state paid for Baines' defense and will also pay the jury award, but he added that he is not certain of that.
Brian Marchetti, a spokesman for the state office, had no immediate comment on the matter when contacted Wednesday afternoon.
"When I was growing up, I was always taught to stay away from racial slurs . . ." Pasternak said. "This kind of conduct, from a supervisor who worked with kids, really bothered me."
Former state employee wins $150,000 in reverse discrimination case Black boss accused of using racist slurs By Dan Herbeck
Awarded $150,000, Mark Pasternak says he feels vindicated.
Mark Pasternak said he lost his state job helping troubled youths because he couldn't stand working under a black boss who called him racist names like "cracker," "polack" and "stupid white boy."
Pasternak was dismissed from his position as a youth worker with the state Office of Children and Family Services in 1999. But today, he feels some relief and vindication.
After a rare reverse racial discrimination trial in Buffalo's federal court, a jury Tuesday awarded Pasternak $150,000. Jurors found that his former boss, Tommy E. Baines, discriminated against him racially and created a hostile working environment.
Federal court officials said they could not recall any reverse discrimination case in Buffalo resulting in a larger monetary verdict. Most such cases wind up being settled or dismissed before they ever go to trial.
"I'm elated and overwhelmed," the 48-year-old South Buffalo man said in an interview Wednesday. "I feel like I've been to hell and back. . . . After all these years, the best feeling is, the jury heard his story and mine, and they believed me."
A seven-member all-white jury delivered the verdict after a two-week trial and almost 10 hours of deliberations. U.S. Magistrate Judge Hugh B. Scott presided.
Pasternak was subjected to three years of cruel abuse from Baines, a veteran supervisor with the agency formerly known as the state Division for Youth, according to Pasternak's attorney, David J. Seeger.
The abuse came in the form of race-based slurs, job sabotage and crude insults that Baines made about Pasternak in front of co-workers, according to court papers and testimony.
"You're a white boy, and I don't like white boys," Pasternak quoted Baines as telling him. "Handle it."
"He said that to me more than once, and he said many other things like that over the years I worked for him," Pasternak told The Buffalo News. "He called me cracker, polack, Paster-rat and stupid white boy. . . . I was sick to my stomach."
Pasternak said his boss also harassed him by removing documents from his desk and changing the locks on doors and filing cabinets that Pasternak needed access to.
The state conducted an internal investigation into Pasternak's allegations in 1998, court records show, and the investigation resulted in a $2,000 fine against Baines. But he was allowed to continue working as a supervisor.
Baines and his attorney, William R. Hites, did not return calls seeking their comment.
In court testimony, Baines contended that he and Pasternak never got along. Baines testified that Pasternak was an insubordinate worker who started making complaints about him to other officials of the state agency almost immediately after he became a supervisor in 1995.
When Baines took the witness stand, he was never asked whether he had called Pasternak "white boy" or any other derogatory names.
Pasternak testified that Baines did make such remarks, repeatedly.
"[Baines] never denied saying those things, and I certainly pointed that out to the jury in my closing argument," Seeger said.
A black woman who works at the state agency also testified that she heard Baines make derogatory remarks about Pasternak.
The alleged abuse led to insomnia, anxiety and depression for Pasternak, who took several medical leaves of absence before being dismissed by the state in 1999. The state later offered to rehire Pasternak, but he said he turned down the job offer because the state refused to guarantee he wouldn't be working under Baines again.
Pasternak has since obtained a railroad job, but "working with troubled youths was his passion," Seeger said.
In addition to suing Baines as an individual, Pasternak also tried to sue the state. But in a decision issued last year, U.S. District Judge John T. Curtin dismissed the action against the state.
Curtin ruled that the state did try to correct the problems by investigating Baines, fining him $2,000 and offering Pasternak other jobs after it dismissed him.
"The state did too little, too late," Seeger responded. "Mark's dilemma was that, in order to return to work, he needed to be left alone by Tommy. The state wouldn't guarantee that for him."
Seeger said he believes the state paid for Baines' defense and will also pay the jury award, but he added that he is not certain of that.
Brian Marchetti, a spokesman for the state office, had no immediate comment on the matter when contacted Wednesday afternoon.
"When I was growing up, I was always taught to stay away from racial slurs . . ." Pasternak said. "This kind of conduct, from a supervisor who worked with kids, really bothered me."
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Re: White wins a discrimination suit
wtf this guy was managing the Office of Children and Family Services? How many white kids did he kick down the gutter?
good post for once Invincible.
just one pet peeve
This is on the other hand is.....
derrrrrrrrrrrrrrrrrrrrr....
""discrimination.""
Damn hippie reporters.
good post for once Invincible.
just one pet peeve
damn media. how is this "reverse discrimination"? Uhhhh... that would mean he's doing the "reverse" or opposite of discriminating.Former state employee wins $150,000 in reverse discrimination case Black boss accused of using racist slurs By Dan Herbeck
This is on the other hand is.....
derrrrrrrrrrrrrrrrrrrrr....
""discrimination.""
Damn hippie reporters.
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Re: White wins a discrimination suit
Umm...Exactly. Whats so hard to understand? Since when the word came up it was whites against blacks, its known as reverse when its a black to a white...MiChuhSuh wrote:wtf this guy was managing the Office of Children and Family Services? How many white kids did he kick down the gutter?
good post for once Invincible.
just one pet peevedamn media. how is this "reverse discrimination"? Uhhhh... that would mean he's doing the "reverse" or opposite of discriminating.This is on the other hand is.....Former state employee wins $150,000 in reverse discrimination case Black boss accused of using racist slurs By Dan Herbeck
derrrrrrrrrrrrrrrrrrrrr....
""discrimination.""
Damn hippie reporters.
Re: White wins a discrimination suit
which is bullsh*t. Discrimination = DiscriminationLcBwC wrote:Umm...Exactly. Whats so hard to understand? Since when the word came up it was whites against blacks, its known as reverse when its a black to a white...MiChuhSuh wrote:wtf this guy was managing the Office of Children and Family Services? How many white kids did he kick down the gutter?
good post for once Invincible.
just one pet peevedamn media. how is this "reverse discrimination"? Uhhhh... that would mean he's doing the "reverse" or opposite of discriminating.This is on the other hand is.....Former state employee wins $150,000 in reverse discrimination case Black boss accused of using racist slurs By Dan Herbeck
derrrrrrrrrrrrrrrrrrrrr....
""discrimination.""
Damn hippie reporters.
If you can't agree with that you should go back to elementary school.
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- Christina Marie
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I respect the honesty but not the stupidityChampignon wrote:^--- thats an honest answer and i respect that
he's making all the other losers.... f*ck it, all US losers look bad. as if we need more bad press.
Columbine. VA Tech. next... the AB? Come on give us a f*cking break, life is hard enough as it is without jackasses making us look suspect
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well the thing is I dont have access to them, but if I did I probably would join. I was assaulted here before and chased by like 8 people on one occasion from that crew cause I stabbed one of them in the arma fter he and his friend again tried assaulting me and I was tangled up, and followed by 3 of them on another time, and right after I was assaulted where I couldnt eat for like a week I saw them in town and confronted the one who instigated it and challenged him to a fight but he backed out and tried sending some huge black guy on me (basically again since before they all attacked me I was fighting some guy one on one in ad ark alleya t night cause I parked there), and I attacked one of them at their hs he went to (some of thema re high schoolers some are in their 20s), cause I looked for them, and I ran off quick before I cou,ld get arrested or gang attacked and felt weak cause he was still standing but I dropped hime arlier which eh got up from, and later he (this is the friend of the guy i was tlaking about earlier in the post who I stabbed in the arm and who instigated it but told me in my face he kicked me when i fell along with his friends and thats when i hit him and didnt expect him to egt up after he was decked), and later he and two mexicans saw me and againw ere following me and calling others on their cell phone. basically for awhile I was paranoid and felt liek Jackie chan in rumble of the bronx, if I was ab than I would have had abckup and someone tot urn to and wouldnt be fightinbg a gang of 10 people alone, the one friend I ahd who said he did time and always bragged about doing crazy things totally didnt help me out at all like those guys's crew helped them out by trying to chase me down.
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oh and apperently this is pretty common in chico, you know in the other thread i just made about white hoods, where i said there is a neihgboorhood behind safeway where cops go all the time? I discovered that neighboorhood cause I was walking to safeway and I saw a group of bal;ck people gathering around and alot of cops around on the side of safeway toward those apartments, i noticed the one guy I fought in that dark elly ebfore they all jumped me was there and followed him from afar and tried to psyche msyelf to attack him (I also had a knfie and a ahmmer on me huidden), but kept backing out thinking all those other guys form there will help him like those other guys did before and Ill eb way outnumbered, and some of them might be related to him and even have weapons. I finally waited till they were absically all gone ebsides him and like one little friend of hsi who wasnt even a threat, but there were some ppl around and by that time I didnt have the agression in me to do it. I also didnt have access to guns or sufficient weapons to deal with these guys really the way they should have been dealt with.
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oh and the reason I said its pretty common here cause I witnessed while I was eating at a restaurant a kid who I kinda knew or tlaked to before who was 21 ran from some huge white guy and some other younger white kid with a dog ran itno the restaurant scremaing "call the police" andapperently they tried stealing his dog. And recently my Math professor said that he and his friends were attacked by hoodlums here in town and they even attacked the girls they were with and used weapons as well, and looked liek theyw ere on meth. Im thinking ti could be linked to the same large crew I dealt with, and he said the cops caught one of them and are trying to egt a plea bargain out of him to give up the other names. ALso, the reason I was attacked casue I tried helping out some kids who were outnumbered whow ere gonna egt attacked themselves and seemedterrified, ebing older I stepped in to help them out but they left and I parked away where the crew was gatehring.
Are you kidding me? You think joining the Aryans is gonna make things SAFER for you? LOL
and getting jumped isn't an excuse to join a gang either. nothing you posted is a reasonable reason
find a hobby, join a martial art... read a book that's NOT related to gangs. Do something constructive. Being a loser like us is a curse, but it's also an opportunity to build yourself up.
and getting jumped isn't an excuse to join a gang either. nothing you posted is a reasonable reason
find a hobby, join a martial art... read a book that's NOT related to gangs. Do something constructive. Being a loser like us is a curse, but it's also an opportunity to build yourself up.
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Consider it mental training.
trust me if you can even worry about hitting on girls you're not even close to coming to hardcore problems.
Being weak isn't measured by ability in easy times.
On the other hand being strong is measured by how you act in the worst of times.
Do something positive with your time and mental strain. Work out. Join a martial art or boxing club. Go back to school.
P.S. Why the hell do you think the AB would help you with girls, you know they do that homo rape in jail?
trust me if you can even worry about hitting on girls you're not even close to coming to hardcore problems.
Being weak isn't measured by ability in easy times.
On the other hand being strong is measured by how you act in the worst of times.
Do something positive with your time and mental strain. Work out. Join a martial art or boxing club. Go back to school.
P.S. Why the hell do you think the AB would help you with girls, you know they do that homo rape in jail?
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And you think the AB is gonna help you with that? No man, they will just pull you deeper into some BS and stab you in your back when they want to. They are just a bunch of whacked out criminals and not like some brotherhood with a code of honour.BornInvincible wrote:like I said, Im depressed all the time cause Im too weak to hit on girls most of the time, and I just say hi or smile and wont even tlak to them, and when I do and even if I get their number they arent interested anymore. I feel lonely and msierable often.
Real strength comes from within yourself not from the people you hang around.
Start thinking about the reason why you feel like that and change that. That will et you somewhere, nothing else.
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Do you have ADD or autism?Im too weak to hit on girls
If you had the minerals to stabb someone talking to a girl shouldnt be hard
You want advice when you talk to the girls be honest like you were earliar and be straight forward and females shouldnt be a problem........
As if i said that lol im Dr.Phil
Get more involved in the community, go to the gym volunteer at places, learn spanish and find spanish people to talk to , find another job.
Unless you have some condition that puts you in the spectrum you shouldnt have a problem meeting people
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I understand what you're saying, I fail to make the connection of not getting girls + joining the AB = ...getting girls? Is that part of joining up, you get chicks automatically? Do you get to pick or is it just first come first serve? Honestly, how are you connecting the two? If you're biggest problem in life is failing to get a female WELCOME TO PLANET EARTH! Seriously. Go out and socialize. If you suck at it, join the club. Shit happens, you forge on. You won't hit a homerun if you don't get in the game and step up to the plate. They don't call you back, they don't like you, they won't go out with you? Big deal. 50% of our species is female. 50% of what, 6 billion is 3 billion. Those are really good odds there my friend. It's not that a big of a deal. It may seem like it but trust me, once you get going and start dating sometimes you'll wish you were single again.BornInvincible wrote:like I said, Im depressed all the time cause Im too weak to hit on girls most of the time, and I just say hi or smile and wont even tlak to them, and when I do and even if I get their number they arent interested anymore. I feel lonely and msierable often.
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Diagnosis of ADHD are handed out like candy now a days. A disorder that actually affects 5% of the general population is some how affecting a much larger portion. I can't go a day without someone saying "I HAVE ADHD!" No you don't, you just don't know how to pay attention. I'm not saying you don't have it, I'm just saying everyone and there dog seems to have ADHD in todays day.Champignon wrote:lol
Im diagnosed
ADD-hyperactive (Can you tell lol )
Bi-Polar
Asperger Syndrome
YAY me
I asked him cause he said hes shit scared to talk to women and i know some people with those problems have those problems
Asperger's?? That's some crazy shit there. Do your parents lock up food and shit? I've seen documentaries where kids eat stuff out of the garbage and shit. Now THAT's crazy.
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What part sounds crazy that I said? I'm serious. I've seen documentaries on it and the extremes it can do. I know there's different forms and levels to it but serious causes are just nuts. My wife took courses in college centering around child care and the cases she told me about were just insane. Some of the extremes kids with aspergers would go to was just amazing. The thing with ADHD is true. You find a much larger portion of the population now adays that thinks they have it or is told they have it then is actually the case. A lot of doctors don't care to waste their time properly diagnosing it and tend to just pass it off as ADHD and prescribe drugs like Ritalin just to make some money and feed the parents a line. It's unfortunate.Champignon wrote:^---- no my parents did not have the little white locks for all the cupboards and penguin you sounding kind of crazy. But hey i brought it up cause you never know, really you never know. I wish i could be a doctor but who cares