By Liz McBreen
Together, former employees Hernando Torres, Jose Rosa Guzman, Luz Adriana Villamizar, Dascier Ospina and another worker who has asked not to be identified for personal reasons, have filed a complaint with the Nassau County Commission of Human Rights, charging that Rev. Willie Gomes dismissed the Latino maintenance workers in part because he wanted English speaking employees.
In a statement issued by the Diocese of Rockville Centre, the Church maintains that the decision to terminate the five employees was made solely for financial reasons. The church says it is currently dealing with closing the gap on a $1.2 million budget deficit.
The three men and two women who were let go were replaced by one English-speaking, full-time employee, who the church says will take on more responsibilities than the five employees who were terminated. The decision, says the parish, will save $50,000 a year. "After a careful review of the parish's books, the pastor determined that one way to return to fiscal health was to terminate the employment of five part-time maintenance workers," reads the Church's statement.
One week prior to their last day of work on July 19, the former Church employees contacted Bill Massey, a legal representative at Workplace Project in Hempstead. Although the statement identifies former employees as part-time workers, Massey said they worked thirty-five hours a week at the time of their termination.
According to Massey, the employees were told by Gomes, with the help of his receptionist who translated the priest's words into Spanish for the five Latinos, that they would be let go because of the dire financial situation in which the Church had found itself, and because he preferred to hire employees who could speak English. The workers were not offered any job training or assistance finding a new position.
"These employees had worked for the parish between two and ten years, and had no problem working under the former pastor, who did not speak Spanish," said Massey. "The current pastor only worked at St. Boniface for two weeks before he made the decision to fire the five maintenance workers."
Massey says that he and the five former Church employees that he represents do not dispute the fact that the St. Boniface is having financial difficulties. "But suddenly getting rid of five hard-working employees is not going to solve the $1.2 million deficit problem."
Renaire Frierson, the Executive Director of the Nassau County Commission on Human Rights, confirmed that Workplace Project filed a formal complaint last week on behalf of the former employees of St. Boniface. "The complaint sets forth the charges or allegations of unlawful discrimination; in this case it would pertain to ethnicity," Frierson explained.
The commission's investigation into this case has already begun, according to Frierson. In the initial stages, the two sides have the opportunity to state and defend their case. If there is no settlement, the investigation moves into a two party fact finding phase, during which Frierson would reside as judge. Both sides once again defend their case, and can question each other.
If Frierson deems that there is probable cause for a charge of discrimination, the case is sent to the state division of the department, and a formal hearing can be scheduled.
The parties also have the option of settling at any time during the investigation.
Frierson said that the parties involved are free to pursue other legal remedies as they see fit, and they can also go straight to the state division at any time, without involving the county division.
If the parish is found guilty of the allegations it is being charged with, there are many possible outcomes to the investigation, according to Frierson. "The parish can be made to do a number of things, including re-hiring the employees, paying them the salary that they have lost during their period of unemployment, or adopting an anti-discrimination act, if they do not already have one."
Frierson said that the decision about whether the employees are victims of discrimination will be based on their time with the parish and their need to speak English while carrying out their job.
Massey says that the five former St. Boniface employees are still unemployed. "Right now, they are spending their time on this campaign for justice."
Three of the fired worker, Torres, Guzman and Villamizar, were joined last Sunday morning by Massey and five other parishioners in handing out fliers to church goers in an effort to inform them of their current plight. Reaction to the protest was decisively mixed: some parishioners hugged the fired workers in support while many disagreed with their actions. One parishioner was quite vocal, screaming to them in Spanish and saying, "What you are doing is against God."
In addition to the Nassau County Commission on Human Rights, the United States Department of Labor has also been notified of the situation.
The statement released by the Public Information Office of St. Boniface maintains that the decision to terminate the five employees had nothing to do with ethnicity. "St. Boniface is one of the most, if not the most, ethnically diverse parishes in the diocese. The parish employs a number of workers who are members of minority groups. The decision to terminate the five part-time employees was done simply for financial reasons."
Neither Gomes, who is of Indian descent, nor the Diocese spokesperson, who is currently on vacation, could be reached for comment. Gomes has been quoted as saying that the charges are "absolutely untrue."
