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Coworkers Back Fired HDS Cook

University Is Two Months Late Filing Response to Charges of Racial Bias

Harvard officials have yet to answer a set of state and federal complaints charging racial harassment and discrimination in the Freshman Union dining hall, more than two months after the deadline for a response passed.

Meanwhile, several co-workers of the during services employee who filed the complaints--and who was subsequently fired--echoed his charges of discrimination and on the job mistreatment in interviews with The Crimson yesterday.

The workers said morale at the Union is low and blasted management officials for inaccessibility and favoritism.

The complaints were filed in December by Darryl Hicks, a former cook and labor union shop steward who was fired last week. Hicks, who worked in the College's largest dining hall for more than five years, had said he was harassed on the job and denied a promotion because he is Black and works as a steward.

According to a field investigator assigned to the case. Harvard had until late January to respond to the charges, which were lodged with the Massachusetts Commission Against Discrimination (MCAD) and the federal Equal Employment Opportunity Commission.

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"Procedurally, they are now in violation," said the MCAD investigator, who asked not to be identified. "We're hoping that they'll be submitting the information soon."

According to University Attorney Anne Taylor, the delay in filing the response was "a mistake" that occurred when the case was reassigned to her from former University Attorney Diane B. Patrick. This summer, Patrick became human resources director for the University.

"It got lost," Taylor said of the complaint. "It's not in any way a common thing."

Taylor said the University's "extensive response to the complaint" would likely be filed on Tuesday. The response reaffirms Harvard's decision to dismiss Hicks, Taylor said.

"[There was] absolutely no discrimination against Mr. Hicks on the basis of race or any other ground," Taylor said. "I have sufficient information that I am completely comfortable that the University acted appropriately."

Taylor and Dining Services Director Michael P. Berry declined to comment on specific events leading to Hicks' termination. In Berry's letter to Hicks informing him of the action, he said Hicks was fired because of "unacceptable performance and conduct as an employee."

But Hicks, who released to The Crimson a lengthy record of disciplinary action against him dating back several years, said the charges are without foundation.

Hicks said much of the disciplinary record is based on the racist charges of several fellow employees, and the rest is part of an attempt by the administration to silence his union activities.

In interviews yesterday, several workers at the Freshman Union supported Hicks, noting that a majority of his co-workers had elected him their union steward in 1990.

"He's good. He fights for us. He's a nice guy," said Ramon Martinez, who has worked at the Union for six years. "When we need him, he's there."

Several of the workers asked not to be identified because they feared reprisals from dining hall managers.

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