Elderly New Bedford woman claims gender-age discrimination in firing by Acushnet Company
NEW BEDFORD — Rosa Silva started working for the Acushnet Company in 1983 when they were still winding the core of the golf balls it produces by hand.
Over the years Silva transitioned to a pad print operator, which means she operated machinery that stamped the balls with the brand labeling. Acushnet Company, headquartered in Fairhaven with plants in New Bedford, produces golf balls and other golf accessories and apparel.
She started in an Acushnet plant but ended up working at the company’s Ball Plant 3 at 215 Duchaine Blvd.
The New Bedford resident considered the company her second home, and wanted to work until she was 70 and then retire, said her daughter, Jessica Torabi.
But that wasn’t to be.
Instead, Silva was fired in 2016 by the company. She said she was the victim of discrimination due to her gender and her age (66 at the time), as well as retaliation for complaining about prior harassment, according to a complaint filed with the Mass. Commission Against Discrimination.
According to the company, she was fired after her supervisor complained she had been sleeping on a break and for insubordination.
The MCAD found there was probable cause in her claims of discrimination based on age, gender, and retaliation. It’s not a finding of guilt. It means there was sufficient evidence found to proceed to a hearing before the MCAD to decide the complaints.
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The hearing was opened May 2, and continued through May 6, and then concluded on May 19. The hearing officer is currently weighing a decision, which could take up to several months.
The complaint names the company as well as Silva’s supervisor Michelle Medeiros and company officials Pad Print Dept. head Richard Strozyk, Human Resources Director Ronald Rouillard, Plant Director Dan Gendreau, and Kenneth Riall, vice president of Human Services.
Employed there for more than 30 years
Silva said, “I worked for Acushnet Co. for not 10 or 20 years but over 30 years. I worked the night shift for most of my career. Most weeks, I worked well over 40 hours. It was my second home, my family. I loved to work there up until 2015 when it all changed. I was harassed by a new team leader, Michelle Medeiros. I have never experienced anything like that in all my years there. We always had respectable bosses. I reached out to human resources and the plant manager numerous times and they did nothing to help. They just kept telling me I had to listen to my team leader. Richard, Ron and Dan all supported Michelle and never investigated how she was treating the employees especially the females.”
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According to the MCAD investigation, Silva was one of 44 employees documented for performance issues by Medeiros, and that 19 were women and 25 were men.
The 19 women were written up 101 times vs.61 times for the 25 men. Silva received the highest number of documentations and counseling at 33. The second highest was 22 for a woman in her 60s. The third highest was 12 for a 46-year-old woman. The MCAD investigation found that the highest number during the same time period for a male employee was six.
The MCAD investigation also found that the company doesn’t have a policy against an employee sleeping while on break.
Torabi said her mother denies ever sleeping on a break in any event. “My mom’s been there over 30 years, and been on the night shift for over 20 years. She has never, never slept on the job, on break – nothing. She was writing her grocery list while she’s been taking her 15-minute break every morning for the last 10 years.”
According to the MCAD, the company didn’t investigate the sleeping complaint or take into consideration Silva’s previous complaints about Medeiros’ “targeted discipline.”
Medeiros became Silva’s supervisor in 2014. In 2015, Silva said she had a problem with her feet and asked Medeiros that she be excused from “dump” duties, where a tote of golf balls is lifted into a larger container. Silva said Medeiros refused, but the request was allowed by Gendreau. According to the company, Medeiros complied with the initial request.
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Silva said she was also asked to bring a doctor’s note into work by Medeiros clearing her for regular duty. She later learned that she had to give the note to the company nurse in Fairhaven, and had to miss the second shift to which she’d been assigned. According to the company, Silva didn’t send or bring the note to its Fairhaven headquarters as required and stated on the form.
Suspended for a day in 2016
Silva said she was suspended by Medeiros for a day in January 2016 for allegedly having a piece of hair sticking out of her hair net. She said Medeiros would target female employees but not male employees for the same infraction. According to the company, Medeiros spoke with Silva four times on the hair issue before issuing the suspension.
Silva alleged that Medeiros sent a text to another employee in the summer of 2016 that she was going to fire Silva. The company said it investigated the claim and said Medeiros and the alleged recipient denied the claim.
Silva said she was suspended for three days later in 2016 for making three bad balls without a stamp. But, she said, she was aware of employees who made thousands of bad balls without being disciplined. According to the company, Silva failed to report the error to a “team leader,” and the suspension was later rescinded after Silva complained.
Silva said she was told by Strozyk following the allegation that she was sleeping on break she would have to take a drug and alcohol test, which she did. According to the company, Silva refused to leave work when asked on the day in question until ordered to do so, and was yelling at Medeiros.
Silva told her daughter about the incident, and Torabi met with Riall. Torabi said he told her, “I have a mother just like you and sometimes when they get older, they’re more difficult to manage.” The company stated Riall’s denies saying that, but said, “I know my mother can be difficult.”
Received a termination letter
Two days after the allegation that she had been sleeping during her break, Silva received a termination letter on Sept. 15, 2016 in which Rouillard and Gendreau said she was being fired for being insubordinate to Medeiros and accused of sleeping on the job.
Silva said she was replaced by a 38-year-old man after she was fired. The company said the man was actually 28 but that the position was filled through a company bidding process, where bidders are given points for seniority, experience, attendance and disciplinary record. The company stated to the MCAD it didn’t have a choice on who would bid.
An MCAD ruling in Silva’s favor could result in her being awarded back pay, vacation time, and money for emotional distress, but Torabi said the money wasn’t the issue. She said the company had previously offered $30,000 to settle the case.
Torabi said, “I remember when growing up my mother had to tape up her fingers when working for Acushnet Co. to make golf balls. At the time, the golf balls were hand spun and in doing so she would cut up her fingers unless she taped them right.”
She added her mother never complained about the people she worked with until 2015 when she would say she was being disciplined for minor infractions and things out of her control. She said the harassment got worse after she complained to upper management.
Silva said, “I was belittled and humiliated on my last day of employment. They terminated me without even getting my side of the story. I am fighting for justice. I am fighting for the current employees and future employees of Acushnet Co.”
A company official declined to make a statement, saying it was company policy not to comment on pending litigation.
This article originally appeared on Standard-Times: New Bedford woman's gender-age discrimination case heard by MCAD
