Coesha
Sijuade Tijani에 의해As advised by our previous correspondence dated July 12, 2011, this office has recently been retained by the above-referenced individual in connection with his claims against Yurman Design, Inc. (“Yurman”). We have now had the opportunity to fully review the “Separation & Release Agreement” that you presented to our client, as well as to fully discuss and analyze our client’s claims against Yurman. Simply put, as discussed below, our client maintains substantial claims against Yurman for religious and/or national origin discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”). For that reason, Yurman’s offer of $5,115.38 in exchange for a full release of all claims is woefully inadequate and is hereby rejected.
Mr. Sanni sets forth his allegations as follows:
As you know, Mr. Sanni commenced his employment with Yurman on or about August 10, 2007, in the position of Senior Accountant. For over the next three (3) years, Mr. Sanni was a dedicated employee of Yurman, who was well-liked and respected by his colleagues and superiors and who fulfilled his employment duties in a timely, exceptional and professional manner.
As you further know and as was well known to his colleagues, superiors and subordinates throughout his employment, Mr. Sanni is a citizen of Nigeria who was brought up as a member of the Islamic faith. Although Ms. Sanni has since converted to Christianity, he has always been fully open about his Islamic and Nigerian heritage, as well as the fact that his entire family still observes the Islamic religion.
On October 19, 2010, Mr. Sanni negatively critiqued the performance of one of his subordinates, Junior Accountant, Kelvin Keahey, an African American male of the Christian faith. In response to Mr. Sanni’s critique, during the next day, October 20, 2010, Mr. Keahey posted a graphic picture on the wall of Mr. Sanni’s workspace. The picture that Mr. Keahey posted contained the image of a Muslim male with a circle around his body and a giant “X” plastered across his face and upper torso. Above the circle was a line of Arabic writing. The unmistakable meaning being conveyed by the posting of this picture was that Mr. Keahey was threatening physical harm to Mr. Sanni on the basis of Mr. Sanni’s Islamic heritage and/or Nigerian national origin, as Arabic is one of the primary languages spoken in Nigeria. Just in case my description of the photograph does not adequately describe its contents, I have attached a copy of it to this letter for your review and/or recollection. Needless to say, the harassment and hostile work environment that Mr. Keahey created for Mr. Sanni by posting such picture borders on heinous and oversteps the boundaries of decency expected in a civilized society.
The story does not end there. On the very next day, October 21, 2010, Mr. Sanni brought the just-described incident to the attention of Deborah Klemm, Controller, who in turn brought the matter to your attention. Even though Mr. Keahey’s meaning, intentions and hatred towards Mr. Sanni’s Islamic heritage were crystal clear, you not only elected to permit Mr. Keahey to keep his job, but you further kept the existing reporting structure in place, whereby Mr. Sanni would be forced to continue supervising Mr. Keahey’s work assignments.
Over the next approximate eight (8) months, the recipe for disaster resulting from that volatile situation played itself out as should have easily foreseen. Over that period of time, as either acts of retaliation for Ms. Sanni having reported his behavior or as further acts of religious and/or national origin discrimination unto themselves, Mr. Keahey continued to berate, undermine and shout vulgarities at Mr. Sanni on an almost daily basis, thereby creating a working environment that was so much more than hostile, and that can best be described as “hellish.” Also over that time, Mr. Sanni continued to report Mr. Keahey’s conduct to Ms. Klemm, as well as to Controller Larry Jones and Assistant Controller Stephan Porche. The nature of Mr. Sanni’s working environment was also brought to your direct attention on several occasions during that time, with Mr. Sanni’s most recent complaint about Mr. Keahey landing on your desk on June 28, 2011.
Only two short days later, on June 30, 2011, rather than separating the pair and allowing Mr. Sanni to work in peaceful environment free from unlawful discrimination and retaliation, you decided that the best solution would be to terminate both Mr. Sanni’s and Mr, Keahey’s employment. Of course, Mr. Sanni had nothing to warrant termination other than, according to you, bringing to the company’s attention the working environment in which Yurman was forcing him to exist.
This letter shall serve as a formal demand to compensate Mr. Sanni at an adequate rate for the damages that Yurman has caused him. If you have any interest in resolving this matter in an expedient, confidential manner, you, either directly or through your representative, will contact us upon receipt. While my client’s preference is to resolve this dispute amicably, if we do not hear from you within 30 days of receipt of this letter, we will assume that you have no interest in resolving this matter in an expedient, confidential manner, and we will take all steps necessary on behalf of our client to swiftly adjudicate this dispute in a court of appropriate jurisdiction.
Please note that the above referenced text is merely a summary and should in no way be construed as a complete recapitulation of all pertinent facts. Please further note that this letter constitutes a notice of intent to sue and any and all documents, including e-mail correspondence and electronically stored information, relating to Mr. Sanni and any potential claims that he may have, should be preserved to every extent possible.
