JUSTIN P. NICHOLS JUSTIN D.

NIEDENS
ATTORNEYS AT LAW

106 S. Saint Marys Street 255 One Alamo Center San Antonio, Texas 78205 (210) 354-2300 phone (800) 761-5782 facsimile Justin@TheNicholsLawFirm.com

February 12, 2014 BY EMAIL Veronica M. Zertuche, Esq. Deputy City Attorney City of San Antonio 100 S. Flores Street, 3rd Floor San Antonio, Texas 78205 Re: Complaint of Violation of Non-Discrimination Ordinance; Matthew Hileman

Dear Ms. Zertuche: This letter is in response to your letter to me dated February 10, 2014. Candidly, I am extremely disappointed in your response. After nearly five weeks since the complaint was filed, the City has not taken any substantive action, has not developed any complaint procedures, and it appears it has not conducted an investigation of any kind. In reading your response, you seem to have given great weight to an unemployment determination letter issued by the Texas Workforce Commission (TWC), and that somehow, because TWC didnt find unlawful discrimination, theres not enough to trigger a review under the NDO. Its worth noting TWC did find Mr. Hileman tried all reasonable means of correcting the [harassment] before [he] quit. That seems to me TWC clearly recognized the existence of a problem (i.e. harassment), though they did not refer to it as discrimination. As youre likely aware, the state of Texas doesnt protect LGBT persons from discrimination the very thing the Citys NDO aimed to do. If its the Citys position that TWC must first find discrimination before it will investigate a claim, then the NDO is rendered useless because LGBT persons are not otherwise protected by state law. Your letter goes on to state the City stands ready to respond once youre provided with the results of an investigation by AT&T, Resource Global Professionals (RGP), TWC, or the federal Equal Employment Opportunity Commission. This pretty much equates to wanting to look over the shoulder of another agency and copy their homework. It appears youre right: the Citys done lots of standing around and much less taking action with respect to this matter.

Veronica M. Zertuche, Esq. Deputy City Attorney City of San Antonio February 12, 2014 Page 2 of 3 _________________________

Nothing in the NDO requires another agency to first make a finding of unlawful discrimination before the City can investigate or act. Where are you getting that? Besides the TWC and EEOC having varied definitions of what constitutes discrimination, the NDO includes its own definitions and standards. Further, I hope you dont expect AT&T or RGP to provide the results of any internal investigation voluntarily. AT&Ts attorney, Diego Pea, has made it clear AT&T refuses to provide any response unless the City requests one. Your letter does not request any response, but states only that the City might review investigation results if we happen to find someone elses lying around. Quite frankly, this is absurd. For all the efforts that went into passing the NDO, it appears to me, at least thus far, the NDO has only paid lip service to a nice idea, but is toothless when it comes to being applied; much akin to AT&T putting out press releases condemning Russias anti-gay laws, and at the same time being unwilling to address claims of discrimination in the home town of its former headquarters. Having said this, I request the City provide the following: 1) A detailed explanation or copy of the established procedures for handling complaints of this nature, or if no procedure exists, whether the City intends on developing and implementing a procedure; 2) Whether the City is willing to conduct any independent investigation relating to Mr. Hilemans complaint; 3) Confirm whether its the Citys position that, in order to trigger a review by the City, a third party (whether another governmental agency or respondent to a complaint) must first make a determination that discrimination occurred; and 4) Whether the City is formally requesting AT&T respond to the complaint, or is your letter merely encouragement to do so; I trust youll agree these are relatively simply questions, and I hope it won t take another 36 days to receive a response. I know your office is busy with many things, but I kindly request this matter receive priority.

Veronica M. Zertuche, Esq. Deputy City Attorney City of San Antonio February 12, 2014 Page 3 of 3 _________________________

It remains Mr. Hilemans goal to work amicably with the City and AT&T to try to reach a resolution. But it will take much more than standing and waiting. Sincerely,
THE NICHOLS LAW FIRM, P.L.L.C.

JUSTIN P. NICHOLS

cc:

Diego Pea, Esq. Labor Attorney AT&T Services, Inc. 208 S. Akard, Ste. 3133 Dallas, Texas 75202 The Honorable Julin Castro Mayor of San Antonio P.O. Box 839966 San Antonio, Texas 78283 The Honorable Diego Bernal District 1 City Councilman P.O. Box 839966 San Antonio, Texas 78283