Case 4:21-cv-00686 Document 1 Filed on 03/02/21 in TXSD Page 15 of 82
111.
By April 13, 2015, Maldonado had implemented what he termed a “transformation”
plan, which in effect was his way of displacing Blacks and hiring more less qualified Hispanic and White employees.
HCC’s publications pretend that its displacement of Blacks is merely
undertaken as part of “transforming” the College to a better educational center. And, in a literal sense, they are in fact “transforming” the College—its upper tier supervisors and personnel are becoming whiter and more Hispanic at the unfair and discriminatory expense of Black employees. When Black executives are removed, their vacancies are disproportionately filled with less qualified Hispanic and White employees. 112.
Plaintiffs have evidence that the term “transformation” was a clever afterthought to
mask the true intent of the plan—i.e., to get rid of more Black employees. Plaintiffs’ counsel has located a witness who will testify that Maldonado and HCC eschewed the phrase “reduction in force” (“RIF”) because such an approach to displace employees would be expected to proceed on a “last in-first out” basis or “point-score-calculation” method which would easily compare employees based on tenure and merit. Such neutral systems would not easily accommodate the goal of racial replacement of seasoned Black executives at the College. Instead, Maldonado decided on a “transformation” scheme which more easily accommodated his goal of displacing Black employees in favor of hiring more Whites and Hispanics. 113.
Proof of the success of the College's Displacement Plan in ridding itself of
experienced Black employees is readily discoverable. Following are but a few actual instances of how the discrimination plot has disparately impacted experienced Black employees at the College since Maldonado’s arrival: a. 45+ year employed top-level Black female, with decades of exemplary work at the College, passed over for a promotion for which she was the most qualified candidate and the position given to a less qualified 30-year-old Hispanic female.
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