March 12, 2009
I received mail dated March 9, 2009 from the Illinois Department of Human Rights. The letter states "...Your letter to Governor Quinn was referred to the Department of Human Rights for a response. The letter that you received from the Department of Human Rights, dated July 15, 2008, explained the process regarding the cooperative agreement between U.S. Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights (Department)...When you have received a final determination of your charge from EEOC, please refer the July 15, 2008, letter for further instructions...." Mr. Brent A. Harzman, Acting Manager signed this document, copying it to Rocco Claps, Betsy Ebeling, Governor's Office of Citizen Action and Thomas Roeser.
January 29, 2009 Honorable President of the United States Mr. Barack Obama The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 CERTIFIED MAIL Re: Bias and Prejudice Investigation by the Equal Employment Opportunity Commission Mr. President: Please excuse me from taking your valuable time away from governing our country, but I must submit this writing seeking advocacy for shared beliefs in an honorable employment system free from discrimination and indifferent treatment along with responsible government intervention when an employment entity compromises the laws governing employment practices. At this time in your Presidency, it appears your priorities are focused on the economy and employment. This writing addresses both priorities. You signed a bill today, January 29, 2009, requiring women to get equal pay in employment, which also expands the time for filing discrimination claims. The lady to whom the bill reflects battled the powers to be for equal rights and pay for everyone. My fight is similar. I have been battling with the powers to be for equal employment under the law. Background/History with the Illinois Department of Corrections: First, I have been subjected to discrimination, marginalized and retaliated against because of my non-violent criminal drug convictions in 1988 and 1992. Sir, when I was sentenced in 1992 I did not have a G.E.D. I received my G.E.D. in Chicago’s county jail while waiting to go to the Illinois Department of Corrections (IDOC). I started going to college in prison. Once released in December of 1994, I achieved my Bachelor degree in General Studies with a focus on Social Science (1997) and a Master degree in Mental Health with a focus on Community Counseling (1999) from Roosevelt University in Chicago. I started my PhD program with Walden University in 1999. I will receive my PhD in Human Services with a focus on Social Policy Analysis and Planning in February of 2009. While I was incarcerated in IDOC in 1992, I suffered racial discrimination, indifferent treatment and retaliation attempting to access the courts. I was still litigating my criminal convictions while incarcerated. When going to court from an IDOC prison in Vandalia, my legal papers were purposely taken and destroyed by IDOC personnel. The legal papers contained information against Judge Paul Foxgrover who convicted me and my personal lawyer William Swano. Paul Foxgrover was convicted of a felony 18 months after convicting me receiving a 6-year sentence, and Attorney Swano was convicted in Operation Greylord and disbarred. I filed a civil action against IDOC for denying access to court, with the caption Fred Nance Jr. v. J.D. Vieregge, et al. The District Court denied my claims. The U.S. District Court of Appeals overruled the District Court on appeal stating “Nance has two options, which are not mutually exclusive: to seek damages in state court for the value of the photocopies as ordinary personal property; and to initiate a collateral attack or request for pardon concerning the judgment that rests on his guilty plea.” As stated above, this Appellate Court overturned the lower court’s decision dismissing my original complaint stating I had not pleaded facts showing that Vieregge acted deliberately. I did not know about this Appellate court decision until 2005. I was litigating another matter regarding “access to court” in the Federal court when through my research I found my case. I filed for clemency with Governor Blagojevich in October of 2006. Governor Blagojevich never responded to my petition for clemency. After I filed my civil complaint against IDOC and J.D. Vieregge, IDOC transferred me from a minimum security prison to a medium security prison. I was put in segregation because I complained about my missing legal papers. I was put in segregation 2 more times bogusly for administrative reasons. I was transferred 2 more times to various Southern Illinois institutions with IDOC knowing I would not get visitation because my relatives lived in the Chicago area. My wife of 16 years was murdered on July 5, 1993 while I was incarcerated. My daughter, who was 9-years-old at the time, found my wife’s body lying in the alley behind the house where they were living. IDOC refused to let me attend my wife’s funeral and visit with my children at the funeral home. Present matter with IDOC and EEOC: Second, I filed 2 charges, one on April 16, 2007 and one on May 12, 2008, for employment discrimination based on race, sex, age and retaliation against the Illinois Department of Corrections (IDOC) and WestCare Foundation, Inc. (WestCare) with the Equal Employment Opportunity Commission (EEOC), which has been severely hindered and nefariously interrupted with biases and prejudices by staff of the Chicago District office of EEOC. Facts: I applied for a counseling employment position with Gateway Foundation, Inc. (Gateway) on or about April 2005. Gateway had the State of Illinois counseling contract with IDOC at Sheridan Correctional Center (Sheridan). IDOC refused my employment and security clearance. I appealed IDOC’s decision. One of the issues for my denial of employment with IDOC was that I visited my brother while he was in prison. I was not a convicted felon when I visited my brother. In April of 2006 I was granted a security clearance to work at Sheridan. I reported for work on May 1, 2006. On June 6, 2006 AFSCME the union had a strike at Sheridan. I tried to come to work and cross the picket line. Sheridan’s Warden Michael Rothwell denied me access to work. Warden Rothwell and a person who identified himself as an Assistant Director in Springfield informed me I could not cross the picket lines and go to work. They would not tell me why I could not cross the picket lines. I filed for unemployment compensation. I was denied because IDOC said I was off from work because of misconduct. Upon successful appeal with the Illinois Department of Employment Security (IDES) I received my benefits. I was identified as “non-participatory” with IDES in this matter. IDES reported in its summary “…The unemployment of the “non-participatory” claimant-appellants is not due to a work stoppage caused by the labor dispute…there was one efficient cause of the claimants’ unemployment and it was not the labor dispute. It was the unilateral actions of IDOC…The actions of IDOC were a separate and the only cause of the claimant’s unemployment.” After this decision and my return to employment on September 6, 2006 I was retaliated against by IDOC personnel and the administration at Sheridan. I suffered race, sex, and age discrimination in my job duties, promotions and job placement at Sheridan with IDOC personnel and WestCare employees. I was denied supervisory promotions several times while white and black females, younger than me, were placed in the supervisory position with less experience than I. I was discriminated against when IDOC and its staff denied me access to work while allowing white males and females, younger than me, to cross the picket lines. Yet, EEOC says I have no case. EEOC has all the documents I am sending you. Ms. Janel Smith is the investigator on my cases with EEOC. I have complained continuously to her supervisor since filing my charges about her biases and prejudices toward me and my endeavors for EEOC to litigate my charges against IDOC and WestCare. Finally, I wrote President Bush whose office forwarded my complaint to Chicago’s District office Director, Mr. John P. Rowe, where my EEOC charge is filed. I thought Mr. Rowe would monitor the process. These events are documented in detail on my blogs. The letter to President Bush is posted on your website. I will be posting this letter on your website. My intention by posting this issue is to demonstrate the inadequacy of EEOC and the discriminatory practices of IDOC and WestCare. Also, I believe there is an unethical and unnatural partnership between EEOC and IDOC, along with WestCare. Let us not forget about Governor Blagojevich and Illinois politics. This is real. Sir, it is rare we find someone of your integrity and honesty. Even though you practiced law in Chicago, you did not taint your character and behavior. For that, I applaud you. Since the EEOC is a Federal entity, I plead with you for your intervention. Ms. Janel Smith informed me on Tuesday, January 27, 2009 and on Thursday, January 29, 2009, that my charges with EEOC were being terminated. On Tuesday I asked Ms. Smith did IDOC tell her why they took my security clearance. Ms. Smith told me that IDOC did not want me working at Sheridan. On Thursday Ms. Smith told me that IDOC and WestCare told her I was locked out for poor performance and misconduct. I wrote a letter to Director Roger Walker on July 30, 2008 requesting a reason for being lockout of Sheridan and my employment. Mr. Walker never answered my certified letter to him. I asked Ms. Smith did IDOC and WestCare provide written documentation for this charge against me. Ms. Smith said they sent her the same documents I gave her. What does this mean? I told Ms. Smith that WestCare sent me a letter telling me that I was terminated because IDOC locked me out. I informed Ms. Smith that I worked for WestCare and not for IDOC. Therefore, how could IDOC say that I was locked out for poor performance and misconduct? It seems strange as I told Ms. Smith that she would call me now after I e-mailed her last week requesting status on my charges. It appears on its face that she decided as she has tried to do all of last year to dismiss my charges. Ms. Smith once told me that EEOC does not have the manpower or resources to properly address the discriminatory charges I bring before it. Where I do I fit in this scenario? I guess I get sacrificed. I guess IDOC’s discriminatory actions continue. Sheridan’s substance abuse program is supposed to reduce recidivism. How can it promote such a charge if it is not willing to work with those who have rehabilitated themselves? It may be due to my personal rehabilitation because IDOC had nothing to do with mine. I am enclosing the following documents with this correspondence: EEOC charges 440-2007-04512 (original and amended) & 440-2008-05507 Illinois Department of Human Rights control #s 090714051 (WestCare) & 090714051 (IDOC) Initial letter to Rod Blagojevich dated June 6, 2006 regarding IDOC denying access to cross the picket lines at Sheridan Illinois Department of Employment Security responses to my claim for benefits (discharge for misconduct, Labor Dispute Determination (I appealed decision), Recommended Decision after appeal, Decision of the Director of Employment Security giving me my unemployment benefits) Termination letter from WestCare Foundation Inc. Letter to Governor Blagojevich dated May 12, 2008 Letter to President Bush dated May 19, 2008 Letter received from EEOC Director John P. Rowe dated June 23, 2008 responding to President Bush’s letter Letter to IDOC Director Mr. Roger Walker and Asst. Director Deanne Benos dated July 30, 2008 requesting a reason for taking my security clearance Appellate Court decision Fred Nance Jr. v. J.D. Vieregge et al Profile of Judge Paul Foxgrover from an Internet address http://www.ipsn.org/foxg.html Petition for Post Conviction Relief filed by Attorney Roosevelt Thomas, my 3rd lawyer in my conviction case Respectfully submitted, Fred Nance Jr., ABD, MA, CADC, NCRS cc: President Obama’s website and Certified Mail Mr. Patrick Quinn, Governor of Illinois (Certified Mail) Mr. John P. Rowe, District Director, Chicago District Office (fax this letter only)http://clickforjusticeandequality.blogspot.com/ http://click.townhall.com/ http://clickforjusticeandequality.wordpress.com/ http://www.frednance.newsvine.com/
