My name is Phyllis Porter, I am an African American woman, who was employed at the PUC from July 1999 until August 19, 2005.   During my employment I was subjected to constant harassment, disparate treatment, and racism from the Public Utilities Commission.

This is my statement regarding the disparate treatment I have been subjected to at the City and County of San Francisco, from the Public Utilities Commission (PUC).

I was illegally ordered to work in an unsafe work space which was occupied with numerous monitors, cpu's, large boxes and filing cabinets.  In the PUC's Human Resource department, due to a medical condition, I have a documented letter from my doctor at UCSF which prohibited me from doing any lifting over ten pounds.  After I stated the space was uninhabitable, I was suspended for a two day period without pay.  My suspension was overturned at SEIU 790, however, it took me over two years to receive payment for my two day suspension despite my case being settled over two years with the PUC and SEIU 790.

I was subjected to ongoing sexual harassment, disparate treatment, stalking,  and racism while employed at the PUC.  The sexual harassment started in July 2002 from one woman who occupied my work area for over one year and was finally removed from my work area due to a reorganization.

In July 2003, after the woman was removed from my work area, I was again sexually harassed from another woman, however, with more intensity, extreme aggression, creating a hostile work environment, and intimidating.  The harassment started at work and continues ongoing at my residence in the form of daily stalking, and repeated car vandalism.  I was not receiving any assistance to deter and stop the harassment from the PUC, therefore due to this, in January 2005,  I filed a federal EEOC sexual harassment complaint against the PUC thinking it would stop the ongoing and daily harassment since I was without any support from the PUC's Human Resource department.

In March 2004, I became ill and required surgery, during my surgical procedure I suffered a bilateral hip fracture, therefore, I needed extensive recuperative time period due to my hips being broken. My doctor gave me an MRI in the summer of 2005, and discovered that my hips were still bilaterally broken and more damaged than my previous examination.  Due to this he required that I stay off work for minimum of another six month period.  Nevertheless, the PUC sent me a letter dated June 29, 2005, beyond the date due for me to return to work  stating the agency would not approve any more sick leave without pay for me even though I was still under a doctors care.  I received another letter dated July 7, 2005, stating that I was being recommended for a medical separation despite my still being under doctor's care.

I was scheduled for an informal meeting with the PUC HR office on July 22, 2005 however the informal hearing did not take place.  I was never given a Skelly hearing and denied my rights per the MOU agreement between SEIU 790 and the City and County of San Francisco.  I received a letter  dated August 19, 2005, stating I was "medically separated/fired" from the City and County of San Francisco effective August 19, 2005, while under a doctor's care and I am currently disabled and under the Americans with Disability Act due to my bones thinning in my hip area. 

I went to the 790 Union and filed a grievance due to my illegally medical separation and I am awaiting arbitration.

The City and County  has created and filed trumped charges against me, their witness was someone who would repeatedly call my house and hang up in my face. I would *69 the person back and I would hear the persons recorder state this is Rebecca.  This woman did not know me, my name, nor my address and was planted to fabricate lies regarding me to prevent me from being reemployed at the PUC.   On or around October 19, 2005, I received a  Temporary Restraining Order document from the City and County of San Francisco charging me with stalking, sexual harassment, threatening the life of the woman who I had been complaining about sexually harassing me for over a two year period--the period when my hips were broken!?  During the hearing I was not allowed to speak at all, my witnesses were not allowed to testify, and my attorney was not allowed to speak in my behalf and Judge Ragan, who does not normally sit on the bench at 400 McAllister in department 218, instead he is located at 850 Bryant Street,  made a unilateral decision ruling in favor of the City and County of San Francisco.  I was denied my constitutional rights to present a defense and have my day in court!

Now due to the trumped up charges from the City and County of San Francisco, I have a three year Temporary Restraining on my record, and was charged and convicted with crimes and charges I DID NOT COMMIT! The PUC charged me with all of the misconduct that I had been complaining about from one of their managers and charged and convicted me with what I was complaining regarding sexual harassment, stalking, and intimidation for over a two year period.  This ongoing racist acts of discrimination, and harassment is akin to what most African Americans face when dealing with the City and County of San Francisco and illegal misconduct is condoned and perpetuated from the Public Utilities Commission  and the City and County of San Francisco.