EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NEW YORK DISTRICT OFFICE

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HICHAM AZKOUR,

 

                                                Charging Party,

 

                        v.

 

STARWOOD HOTELS & RESORTS WORLDWIDE, INC.; MANHATTAN SHERATON CORPORATION; ALAIN DUCASSE GROUP,

                                                                                 Respondents.

 

 

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AFFIDAVIT OF CHARGING PARTY

 

 

 

STATE OF NEW YORK         )

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COUNTY OF NEW YORK     )

           

 

HICHAM AZKOUR, being duly sworn, deposes and says:

 

  1. I hereby allege that the respondents discriminated against me on the basis of my national origin (“Moroccan”), religion (“Muslim”), race (“Arab”) and age (“42 years old”).  Respondents treated me differently from all other similarly situated workers and subjected me to discrimination concerning the terms and conditions of employment, and retaliation for complaining of discrimination.  In addition, I was terminated in retaliation for my repeated complaints of unlawful discrimination.
  2. Not only was I retaliated against, but the respondents intentionally discriminated against me as regards formal review of my working performance.
  3. Upon information and belief, the standard procedure states that during the probationary period, the employee’s department manager will evaluate the employee’s work and conduct. A formal review will occur after 30 working days. Another review will take place before sixty working days. If job performance is satisfactory, at the end of the probationary period the employee will become a regular employee with all the rights afforded by the Employee Handbook.
  4. My employment period did not exceed 30 working days and I have never, like all other similarly situated employees, been provided with the Employee Handbook.
  5. I was employed by the Starwood Hotels and Resorts Worldwide, Inc. at the St. Regis Hotel, New York, New York.  I worked as a back server in the Adour Restaurant.
  6. Upon information and belief, respondent Alain Ducasse Group is a company specializing in the catering and hospitality industry.  It is managing the Adour Restaurant located at the St. Regis Hotel.
  7. Manhattan Sheraton Corporation, doing business as St. Regis Hotel, is a business and an employer in New York.
  8. Starwood Hotels and Resorts Worldwide, Inc. is a hospitality global business that owns and manages the St. Regis Hotel, including the Adour Restaurant.
  9. I was hired on or about January 30, 2008 to work as a back server in the Adour Restaurant.
  10. At the time of my hiring, I was not provided with any specific training for my position.  Indeed, on the first night of my employment, I began serving clients of the restaurant.
  11. Upon information and belief, most other similarly situated employees were provided with intensive two-week training by respondents.
  12. The first time I met with one of respondents’ managers, Yannis Stanisiere, subsequent to my hiring, he asked me about the ethnic origin of my name.  Indeed, he asked me to identify my national origin.
  13. Although surprised by Mr. Stanisiere’s inappropriate question, I responded by stating that I was Moroccan.
  14. Sometime at that beginning of my shift, on or about February 1, 2008, Mr. Stanisiere said to me in French: “Welcome aboard!  Attention! [meaning be careful or watch out], I grew up in Algeria.  So, be careful as you now have the privilege to work for the chef [i.e.] Alain Ducasse.”
  15. In addition, Mr. Stanisiere also stated: “Remember, Adour is not a souk.”  The reference to “souk” is important to explain.  It is a word used to refer to the weekly Arabic open air markets existing in North Africa.  These markets, stereotypically, are considered to be filled with chaos and disorder.
  16. Mr. Stanisiere’s reference to “souk” concerned me a great deal, because it presumed, among other things, that because I was an Arab from Morocco I needed to be reminded how to behave in a restaurant like Adour.
  17. I immediately reported the statement to the restaurant’s assistant manager, Raul Gonzales.
  18. Despite my expression of concern to Mr. Gonzales, he took no action and did not report it to his direct manager, Roy Buitenkamp.
  19. Following Mr. Stanisiere’s awareness of my national origin and religion, his attitude toward me grew increasingly hostile. 
  20. Among other things, Mr. Stanisiere told me on at least one occasion after I had cleared a table: “My Moroccan friend, you cleared table no. 19 like you’re clearing some camel shit.  Where did you work before?  Were you working in a Moroccan brothel?”
  21. I complained about this statement to Mr. Buitenkamp.  Rather than address my concerns over the discriminatory statement made to me, Mr. Buitenkamp stated to me that I should just focus on my job.  Moreover, Mr. Buitenkamp told me that he did not have any time to deal with “this shit.”  I continued to insist that this was a very serious issue that had to be addressed.
  22. Following my complaint to Mr. Buitenkamp, I resumed my duties and never heard back from him concerning this issue.
  23. Since that incident, another manager whom I believe is above Mr. Stanisiere, began watching me very closely.  I was never introduced to this manager.  However, I was informed that he worked with respondent Alain Ducasse Group.
  24. Indeed, both Mr. Stanisiere and this manager began watching me closely while I was performing my duties.  It did not make sense to me that I should be subjected to such high scrutiny.  As far as I know, no restaurant guest ever complained about my service or behavior.
  25. On or about February 15, 2008, at or about 10:00 pm, Mr. Gonzales ordered me to help serve food in the Vault, another dining room in the restaurant.  Mr. Gonzales handed me a plate of scallops to place at position “3” and a plate of beef to place at position “5.”
  26. I followed Mr. Gonzales’s order and promptly placed the plates at the requested positions.
  27. At that moment, Mr. Gonzales realized that he had made a mistake.  He corrected his mistake by re-placing the plates himself at their respective positions.
  28. Nevertheless, in the middle of the dining room, Mr. Gonzales started yelling at me in a degrading manner.  He used profanity and called me derogatory names in English and Spanish.  Among other things, Mr. Gonzales called me “stupido”, “viejo de mierda” (which I believe means ‘old piece of shit’).  In addition, he referred to me as “camel shit.”  Clearly these statements were based upon my age, race and national origin.
  29. This was observed by another back server, who approached me to state that he disapproved of the manner in which I had been treated.  I informed this other server that I would take my complaints to the human resources department.
  30. In addition, another back server, Vincent Diaz, who heard the comments made by Mr. Gonzales, began laughing in the middle of the main dining room.  Since that night, Mr. Diaz began referring to me as “cameleo” (camel) and “cameleo de mierda” (camel shit).  He also used the French word, “bougnoule” which is a racist term used to refer to Arabs in France.  (It is similar to the “n” word used by racists to refer to African Americans.)  Mr. Diaz used this word at least twice in the presence of the pastry chef.  These comments and statements were also witnessed by others.
  31. Approximately thirty minutes after the incidents described above, and during the same shift, Mr. Gonzales grabbed my arm as I was walking with plates in my hand.  He, again, used the same derogatory words he previously used to refer to me.  In addition, he told me that I did not properly “crumb” table no. 50 in the Vault.
  32. This incident was witnessed by the Barista and Executive Chef, Tony Esnault.  In addition, the Wine Director, who saw me crumb table no. 50 told me that Mr. Gonzales had a “bad temper” and that I had better forget about the incident.
  33. Approximately, one hour later, Mr. Gonzales ordered me to leave work before the end of my shift. When I reminded Mr. Gonzales that it was not yet the end of my shift, he began yelling at me, asking: “Do you understand English?  Are you stupid?  I want you to go home, viejo . . . stupido de mierda.”
  34. Without uttering a word, I went downstairs to the locker room and started pondering the excessive hostility to which I had been subjected.  The circumstances of the hostile working environment to which I was being subjected caused me to weep.
  35. The next day, on or about February 16, 2008, I complained to Mr. Buitenkamp about Mr. Gonzales’s acts.  Subsequently, Mr. Stanisiere approached and stated to me that I had made a “faute grave” (mistake) by complaining about the discriminatory treatment in front of other wait staff members.  I told Mr. Stanisiere that Mr. Gonzales’s acts were so outrageous in nature and that no one had done anything to make him cease in his discriminatory treatment of me, despite my complaints.  Furthermore, I told Mr. Stanisiere that I had no choice but to raise the issues again, particularly in light of the events of the prior evening.
  36. Additionally, I told Mr. Stanisiere that I was being targeted by the managers, including himself, along with Mr. Diaz, because of my Moroccan origin, race, Muslim faith, and age.
  37. Mr. Buitenkamp heard my statements and pulled me aside to the Right Bank dining room.  He began questioning me about the events of the prior evening.  Once again, I informed Mr. Buitenkamp that I had been harassed repeatedly and called names for reasons that had nothing to do with my work performance, but rather my national origin, race and age.  I told Mr. Buitenkamp that I did not approve of the discrimination to which I was being subjected simply because respondents’ managers were not pleased with my national origin, race, religion and age.
  38. Furthermore, I reminded Mr. Buitenkamp that several days earlier I had complained to him about Mr. Stanisiere and his ethnic and racially charged statements.
  39. Mr. Buitenkamp told me that he would only investigate the events of the previous evening and report them to respondents’ human resources department.
  40. On the same day, that is February 16, 2008, and following my conversation with Mr. Buitenkamp, Mr. Stanisiere approached and asked me if I were a union member.  Apparently, the question was in reference to my complaints of discriminatory treatment.  I told Mr. Stanisiere that union membership was not the issue; rather I was entitled to complain of and oppose discriminatory treatment.  Moreover, I told Mr. Stanisiere that if the discriminatory treatment did not cease, I would file a complaint with the appropriate government agency responsible for investigating such matters.
  41. Since that conversation, both Mr. Stanisiere and Mr. Buitenkamp avoided speaking to me.  Instead, Mr. Gonzales was the only manager still addressing me with respect to my daily duties and responsibilities.  However, Mr. Gonzales continued harassing me by using racial and ethnic slurs.
  42. On or about February 23, 2008, I asked Mr. Buitenkamp of the outcome of his investigation.  Mr. Buitenkamp told me that it had not yet been completed.
  43. Nevertheless, on or about February 24, 2008, Mr. Diaz referred to a back server of Turkish national origin as “Turco de mierda.” Apparently, respondents were still not taking the complaints of discrimination seriously.
  44. Throughout my employment, I, unlike other back servers, was often forced by respondents’ managers to leave my station and take care of other stations that were not assigned to me.  In addition, I was also ordered, on several occasions, to remain in the kitchen even though I had a previously assigned station to service.
  45. On or about February 24, 2008, at or about 10:37 pm, a cook in the kitchen asked me to deliver a plate of cheese to table no. 15, which I did after receiving a copy of the cheese order.
  46. Suddenly, Mr. Gonzales came over to me and grabbed my arm.  Once we were a distance from the table, Mr. Gonzales commenced his litany of derogatory comments.  He referred to me as “stupid,” “stupido”, “Viejo” and “pendejo.”  In addition, he told me that I had delivered the plate of cheese to the wrong table.  I told him that I delivered it to where I had been instructed.
  47. Nevertheless, Mr. Gonzales ordered me to remain in the kitchen to polish silver.  Thus, I was required to leave my station.
  48. Finally, on or about February 26, 2008, at or about 1:00 pm, I called Caroline Jones of respondents’ human resources department and, once again, complained about the unlawful harassment to which I had been subjected by respondents’ managers and Mr. Diaz.
  49. I told Ms. Jones that if the harassment did not cease, I would file a charge of discrimination with the Equal Employment Opportunity Commission, as well as contact the American Arab Anti-Discrimination Committee (“ADC”) in Washington D. C., to assist me in my complaints of unlawful discrimination.
  50. Ms. Jones told me that she would inform the assistant director of human resources as soon as possible and that my complaints would be investigated.
  51. Several minutes later, Ms. Jones called me to ask for my personal employment references.  I was perplexed by this request and informed Ms. Jones that at the time of my hiring I had provided the human resources department with my professional references.  I also informed Ms. Jones that the timing of her request for additional personal references was troubling in light of the fact that I had just called to complain about discrimination.
  52. Ms. Jones insisted that I provide her with one additional personal reference.  Moreover, she stated that she would not go forward and investigate my discrimination/harassment claims without this additional reference.
  53. Concerned that I was about to be retaliated against once again, I provided Ms. Jones with the telephone number of the ADC Legal Director, who could provide a personal reference.