Wake up America! - Is THIS kind of stuff really ALLOWED here?!
The legal case by a poor man without any attorney is Noack v. YMCA and is now in the Fifth Circuit Court of Appeals. The man is impoverished and has been living in a tent for over 2 years now, his career ruined, car repossessed, and having lost his job of over 8 1/2 years at one of the biggest YMCAs around and having had to cash in his retirement fund simply to live on.
Mr. Noack has apparently opposed corruption in a very popular organization, and a "Christian" organization at that! According to facts gleaned, it appears that Noack had been refused a position due to being simply a male (in childcare work), as well as put out of a position apparently due to being male. This latter was denied by a YMCA worker who reportedly claimed (in an unnotarized affidavit) that she never was able to do that, stating she could have & was not his supervisor at the time; yet, Noack seems to have come up with the actual promotion documents of the time... With her signature on them! What did the U.S. District Court think of it? Apparently no problem... Even in allowing hearsay evidence, as unnotarized affidavit testimony is NOT LEGAL in court! - Amazing! What else? Well, it seems that notarized affidavits — the only ones present as evidence in the case — show that Noack was repeatedly subjected to continuing ridicule & abuses, including multiple physical assaults in the office in front of coworkers! The poor man seems to have suffered YEARS of reverse gender-discrmination in a females-dominated workplace, unable to do anything about it apparently due to persons of power who knew other such persons... Quite personally (outside of work & at church). At one point, Noack, he became a fulltime employee, was forced to take a massive paycut one summer, losing about $900 due to no fault of his own. The man also seems to have been ordered, twice, to NOT hire too many blacks and to keep them separated among his multiple state-licensed, afterschool childcare sites with the YMCA, namely associated with Cypress Creek YMCA, Houston, TX, a large YMCA in a rather wealthy, traditionally white neighborhood. Noack had been hiring students of a traditionally black college, Prairie View A&M University to work at sites near that university, many of those staff studying to become teachers, social workers, etc. Noack also contends in his lawsuit that he was also told to not hire too many men and to keep the men separated, as well. Now, people, this is an outrage in modern America! What's more? — Noack seems to have indicated that he and coworkers had been compelled to work many hours of unpaid overtime, for YEARS, and that when he refused to continue working free overtime and refused to do discrimination, and spilled the news about the assaults, harassments, etc... That he was quickly threatened with termination and he and coworkers were ordered to never write any overtime on their timesheets — only straight hours — regardless of what hours they actually worked! No, I am NOT making this up! Noack appears to have soon been written up for overtime worked which seems to have been necessary in order to keep up both YMCA AND State of Texas childcare policies, including involving solitary supervision of children such as ADHD and another special needs child and the need to investigate a report of a child admitting to parental physical abuse at home! — Documents in that of course show also that the man was apparently being forced by his superiors to work ALL ALONE with children, which seems to be against the YMCA's own policy. Poor Noack I suppose had to just hold in his pee for hours on end, day after day, week after week, while, according to sources, having to work his job plus two unfilled part-time staff positions within 40 hours... Or face possible disciplinary action, perhaps including termination. The info coming in seems to show that state-required documentation was secretly taken (stolen?) at one of his afterschool sites... By a superior and her office friends and never returned to him, placing him at risk with state licensing officials. Other deeds seem to have taken place as well, but there is more. As Noack pursued his legal case himself, too poor for an attorney, he ran into apparent corruption elsewhere. Noack appears to have been able to prove that the YMCA gave false testimony to the labor board, and the labor investigation was then simply dropped, with what looks like a complete failure of the govt to ever question the witnesses involved. Noack has proven in District Court that while the YMCA denied ever knowing of him having any problems in all his years at the YMCA, they acually had been in contact with him multiple times about problems and had done a so-called "internal investigation". Noack even seems to have proven the YMCA continually withheld evidence for months beyond the federally-required time-constraints involved, at one point claiming to have provided over 85 pages of evidence, showing as proof to him and the court his signature on a mail receipt. Well, Noack proved that the signature was for a simple letter envelope which could not likely hold the total of 85-90 pages or so supposedly mailed. The man also apparently proved in District Court in Houston that the YMCA sent some evidence required by Court order... in an encryption-encoded CD innaccessible to Noack. With some information showing apparent racial and gender discrimination in practice, evidence for one black coworker was withheld, against Court orders, with no apparent reverberations from the magistrate, Judge Nancy Johnson, who simply refused to compel the YMCA to follow her previous orders and without any reason for this lack of enforcement, it seems. The case here gets better yet, people, as Noack's case got the boot from District Court contrary to the facts, evidence, Law & legal precedents involved with such things! It was never a problem with Judge Johnson that she had allows illegal hearsay — unnotarized affidavits, abuot the only evidence (so-called) for the YMCA in this case, the other being the YMCA deposition of Noack. Yet, there, Noack claims that was an illegal deposition, as in a deposition there must be cross-examination like in a trial, which was not permitted nor was he permitted to offer his own statements at the time. Hmmm... Does this mean that the YMCA had absolutely NO evidence to oppose Noack's claims? Legally, that seems exactly the case, yet the lower court lent its power to run him out of court and apparently defraud him of even a chance at justice in a court trial. THAT sounds lighty fishy, America! Oh, and it gets even worse! Yes, indeed! You see... Noack filed an appeal. When he appealed to the Fifth Circuit Court in New Orleans, he asked the lower Court for transcripts of his hearings at govt expense, which that Court then asked him to give sufficient reasons for his request being worthy. As a pro se litigant (self-litigating with no legal training), Noack divulged his reasons why he felt he needed those transcripts. Lol... His request was denied, and contrary to actual Law, one Judge Miller simply kicked his request out of District Court, although Law indicates a District courtdoes have authority to grant such a request. So, Noack made his request to the appealate court, and the District Court submitted. Noack claim, however, that the transcripts HAVE BEEN TAMPERED WITH, and EVIDENCE DELETED, which is highly unlawful, but the Appeals Court has so far refused to regard his pleadings for accurate transcripts, although he was at each hearing and provided sworn affidavit testimony that the transcripts have been altered and things deleted from them. SOOO, is OUR judicial system totally corrupted now? WHY have we not heard of any of this in the news, especially since Obama is President now? It has been found that at least one newspaper editor contacted has been on a YMCA board of directors. Are there more? There are well over 30 YMCA branches in the Houston area, each apparently with a BOD, perhaps made up of many community leaders. Does this mean that they are too powerful for justice or the media? One interesting fact seems to be that Clark Baker, the Houston Area YMCA CEO, is reportedly one of the top-paid nonprofit CEOs in the nation! So, does the YMCA rob their employees of due overtime simply to turn around and feather the nest of elite YMCA officials? You figure it out. It may be that nobody else will, as this mess which has the potential for a national media frenzy, seems to have gone missing from all news sources completely. Obama wants change? How about starting with this kind of stuff, or is someone who seems (by name) to perhaps not be a black man, not black enough? Is THAT the problem here, while he has lost ALL for blacks due to his integrity? That would seem only to prove that unfairness is not only found at work and in the courts... But also in society of all races and classes of people now, doesn't it? Meanwhile, the poor man who dared to care is living unemployed, in of all places, a simple tent (summer and winter), in one of the richest nations in the world.
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