Free Complaint - District Court of Delaware - Delaware

Case 1 :05—cv—00789-KAJ Document 1-2 Filed 1 1/15/2005 Page 1 of 3
ENTER CHARGE NUMBER
CHARGE OF DISCRIMINATION
[I FEPA .
rms form is affected rr me Priva Act of 1974 [Il EEOC
Delaware Department of Labor and EEOC
. ‘ (State, or local Agency, if any)
NAME (Indicate Mr., Mrs., Ms) HOME TELEPHONE NO. (Include Area Code)
Colleen M. Haywood (610)*129-8011
STREET ADDRESS · CITY, STATE AND ZIP CODE COUNTY
198 Mansion House Drive West Chester PA 193 82 Chester -
NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESI-IIP COMMITTEE, STATE OR LOCAL
GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME lf more than one. list be/ow.
NAME NO. OF EMPLOYEES OR TELEPHONE NUMBER {Incl. Area code)
ING Direct MEMBERS 5 0 0 + 302-255-6500
STREET ADDRESS CITY, STATE AND ZIP CODE
1 S. Orange St. Wilmington, 19801 `
"""““
STREET ADDRESS CITY, STATE AND ZIP CODE
lj RACE lj COLOR B SEX lj RELIGION [j NATIONAL ORIGIN lj] AGE DATE DISCRIMINATION TOOK PLACE
mucus? 5/8/00
E RETALIATION [ji DISABILITY lj OTHER (Specify) LATEST 5!22/2003
` l CONTINUING ACTION
Tl-IE PARTICULARS ARE (lf additional space is needed, attached extra shaetls):
I. I am a female who began working for the Respondent on May B, 2000 most recently as an lntemal Auditor, grade lll. From
about the beginning of my employment, I was subjected to disparate treatment, harassment and exclusion from business and
" rcial events by Jim Kelly (male), EVP of Sales, Hudson White (male), CFO, Mark Gibbons (male), Head of Risk Management
_ J John O'Keefe (male), Building Owner Representative. On 12/1 /00, I complained to Human Resources about the
harassment from Mr. Kelly and Mr. O'Keefe. Human Resources conducted an investigation and as result my whole team was
moved to work under Mr. White, CFO. On or about 12/13/00, we began working under Mr. White but gradually he stripped me
of my responsibilities. In addition, he favored the male employee and never supported me in my work. Specifically, Mr. White
made me change the performance reviews of some of my employees so that they would be reviewed more favorably. These
employees included two females who were having relations with Executives and even though they were females they were
treated more favorably than I. In February of 2002, I was transferred to the Audit Department as a manager working under Mr.
Gibbons. Mr. Gibbons constantly excluded me from meetings and social outings, favoring the male employees, specifically
John Stipo (male), lntemal Auditor, grade 2. On one occasion, Mr. Gibbons took my audit report and gave it to Mr. Stipo to
send out under his authorship. Beginning about March 2003, Respondent went through a grading system revamp- Even
though Mr. Stipo was in a non-management position, he was graded at a higher level than I, thereby giving him a higher bonus
potential. On 5/12/03, I sent a memo to Arkadi Kuhlmann (male), CEO to request and schedule a meeting in order to discuss
the grading disparity. The meeting was canceled by John Bone, Chief of Staff and he infomred me that we should handle the
situation at a lower level. On 5/22l03, I was terminated.
ll- Rob Middletown, Head of Intemal Audit informed me that Mr. Gibbons made the grading decision. Respondent stated that
my perceived expectations of my value to the company was out of line with theirs.
lll. I believe that I nerve been discriminated and retaliated against in violation of Title Vll ofthe Civil Rights Act of 1964, as
amended and the Delaware Discrimination in Employment Act based on my sex (female) when a male associate was
promoted over me and shown preferential treatment. In addition, I was subjected to a hostile working environment regarding
my gender because I worked ln an all-male department and a male dominated company who disregarded the doctrines of
equal opportunity.
I also want this charge tiled with Ilre EEOC. I will advise the agencies SIGNATURE OF COIIIIPLAINANT
E if I change my address or telephone number and I will cooperate fully »
withthenrintlreprocessln ofmy chargein acconlancewltlr their ·
procedures. I swear or allirm that I have read the above charge and that it is true to the best of
r ,· rn lrnowl · r , information and belief.
I declare under penalty of perjury that the foregoing is true and correct. NOTARY - (When necessary to meet Stale and Local Requirements)

Case 1:05—cv—00789-KAJ Document 1-2 Filed 11/15/2005 Page 2 of 3
` CONTINUATION OF AFFIDAVIT
1. COVERAGE/RESPONDENT'S BUSINESS:
I Respondent is a bank who employs over 500 individuals within the state of Delaware.
2. RELEVANT WORK HISTORY:
I am a female who began working for the Respondent on May 8, 2000 most recently as an Intemal Auditor Ill. From
about the beginning of my employment, I was subjected to disparate treatment and harassment by Jim Kelly (male),
EVP of Sales, Hudson White (male), CFO, Mark Gibbons (male), Head of Risk Management and John O'Keefe (male),
Building Owner Representative. On 12/1/00, I complained to Human Resources about the harassment from Mr. Kelly
and Mr. O'Keefe. Human Resources conducted an investigation and as result my whole team was moved to work unde
Mr. White, CFO. On or about 12/13/00, we began working under Mr. White but gradually he stripped me of my
responsibilities. In addition, he favored the male employee and never supported me in my work. Specifically, Mr. White
made me change the performance reviews of some of my employees so that they would be reviewed more favorably.
These employees included two females who were having relations with Executives and even though they were females
they were treated more favorably than I. In February of 2002, I was transferred to the Audit Departmenfas a grade—3
manager working under Mr. Gibbons. Mr. Gibbons constantly excluded me from meetings and social outings, favoring
the male employees, specifically John Stipo (male), Internal Auditor I. On one occasion, Mr. Gibbons took my audit
report and gave it to Mr. Stipo to send out under his authorship. Beginning about March 2003, Respondent went througl
a grading system revamp. Even though Mr. Stipo was in a non-management position, he was graded at a higher level
than I, thereby giving him a higher bonus potential. On May 12, 2003, I sent a memo to Arkadi Kuhlman (male), CEO to
request and schedule a meeting in order to discuss the grading disparity. The meeting was canceled by John Bone,
Chief of Staff and he informed me that we should handle the situation at a lower level. On 5/22/03, I was terminated.
3. PERSONAL HARM:
I believe that I have been discriminated against in violation of Title Vll of the Civil Rights Act of 1964, as amended and
the Delaware Discrimination in Employment Act based on my sex (female) when a male associate was promoted over
me and shown preferential treatment. In addition, I was subjected to a hostile working environment regarding my gende
because I worked in an all—male department and a male dominated company who actively disregarded the doctrines of
equal opportunity. -
4. RESPONDENT'S EXPLANATION FOR THE ALLEGED HARM AND ITS POLICIES AND PRACTICES:
Rob Middletown, Head of Intemal Audit informed me that Mr. Gibbons made the grading decision. Respondent stated
that my perceived expectations of my value to the company was out of line with theirs and therefore. I was terminated.
5. DIRECT EVIDENCE:
See attached.
6. WITNESSES:
See attached list.
7. COMPARATIVE DATA:
John Stipo, Internal Auditor was given a promotion while I was demoted. In addition, he received preferential treatment
by my supervisor.
8. CLASS HARM: I
N/A
9. REMEDYIRELIEF SOUGHT: ‘
other damages
DATE AND INITIAL
PAGE #

Case 1:05—cv—00789-KAJ Document 1-2 Filed 11/15/2005 Page 3 of 3
EEOC AFFIDAVIT
S Charge #: Date: 6/4/03
Charging Party Information
Name: Colleen M. Haywood
Street: 198 Mansion House Drive City: West Chester
County: Chester State: PA Zip: 19382 //////
Tel (H): (610)429—8011 Tel (W): nkwfl
DOB: Sex: Female Race: White
Nat'l Origin: U-S. SSN: -
Contact Person
Name: t-
Tel (H): Tel (W):
Address:
Employment Information
Date of Hire: 5/8/00
Date of Termination: 5/22/03
Date of Alleged Violation: 5/22/03
Relief Sought: other damages v
Check One: [j working EQ not working [] sought employment at
Respondent Information
Name: ING Direct _
Address: 1 S. Orange St. Wilmington, 19801
Type of Business: Bank i
Size of Business: 500+
Basic Charge Data
Receiving Office: 17C Intake Unit: 1
Accountable Office: 17C Intake Officer: anc
Initial Inquiry: 5/23/03 Respondent Type: E
Received this Office: 6/4/03 County: 003
Source of Complaint: A SMSA: 9160
Federal Referral Transfer: SIC: 603
Zleged Basis: GF, OR Federal Agency:
Alleged Issues: D1, D2