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Plaintiff Alleges State Agency Subjected Him To Racial Discrimination And Retaliation

PENNSYLVANIA RECORD

Friday, November 22, 2024

Plaintiff Alleges State Agency Subjected Him To Racial Discrimination And Retaliation

Federal Court
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A recent court filing alleges that a state agency and its officials subjected an employee to racial discrimination, creating a hostile work environment and retaliating against him for his complaints. On September 10, 2024, Melvin Bartow III filed a complaint in the United States District Court for the Middle District of Pennsylvania against the Pennsylvania Department of Corrections (DOC), Deputy Superintendent Randy Scott Evans, and Superintendent Michael Gourley.

According to the complaint, Bartow began working as a Corrections Officer at SCI-Camp Hill in August 2004 and received several promotions over the years. Despite consistently receiving positive performance reviews, Bartow claims he was denied further promotions due to racial discrimination. The complaint details instances where white colleagues were promoted over him despite his qualifications and experience. For example, Bartow alleges that after expressing interest in becoming a "training Lieutenant," he received no response from Evans, only to later find out that the position had been given to a less experienced white colleague.

Bartow also recounts multiple instances where he was assigned temporary duties above his pay grade without being formally promoted. He believes this was done intentionally by Evans and Gourley to allow white employees to be promoted over him. Additionally, Bartow reports hearing racially insensitive "jokes" about there being only one black Captain at a time in the prison.

The complaint further describes an incident on August 11, 2023, when Bartow found a noose inside his assigned drawer at work—a symbol historically associated with anti-black racism and violence. Despite reporting this to his superiors and filing an Equal Employment Opportunity (EEO) complaint, no investigation occurred until days later. This lack of action contributed to Bartow's decision to take multiple leaves of absence due to mental health concerns stemming from these incidents.

Bartow is seeking various forms of relief from the court, including back wages, front pay, lost benefits, compensatory damages for emotional pain and suffering, punitive damages against Evans and Gourley for their intentional conduct, pre-judgment interest, attorneys' fees, and other just and equitable relief as deemed appropriate by the court.

The case is being handled by attorney Benjamin Salvina from Marzzacco Niven & Associates. The presiding judge is Christopher C. Conner under Case ID 1:24-cv-01540-CCC.

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