If you are black or minority, you need to read this!
If you are a man, you need to read this!
If you are ever bullied, oppressed, discriminated against, or harassed at work,...you need to read this!
This is about EXTREME evil & injustice in the workplace...as the popular employer hides it behind the name of "Christian"! (-- Even in court, & despite the evidence!)
It is about corruption & sweeping evil under the rug -- even legal corruption. The poor man was outrageously & quickly run out of a U.S. District Court...without being allowed a trial...& BEFORE court-ordered evidence was surrendered. (It still hasn't been provided.)
Let daylight rain upon the falsehood. There is a man -- poor, honest, & with integrity -- who wages a valiant struggle against corruption & evil. That man is Mr. William Noack. He has fought alone a legal battle known as Noack versus YMCA in, first, U.S. District Court, So. District of TX, and then in the U.S. 5th Circuit Court of Appeals, in New Orleans. His cause is evidently just...& true. The facts & evidence, Law, legal precedents -- they all seem to validate his case. Yet, without $$ for a lawyer, he has been hastily put out of U.S. District Court & denied fair treatment.
--- RISE UP, AMERICA !!
Say "NO !!" to the falsehood done against that man!
Many knew him simply as "Mr. William". Many loved him & knew that he truly cared about the hundreds of youth he served while working for the YMCA on various work in parts of Harris, Waller, and Montgomery Counties over the years. If not for a brave soul or two, he would not have even had a chance to say "goodbye" to the youths at his 5 YMCA sites licensed under his name as director -- not due to any fault of his own, but rather the tyranny & overworked situation apparently imposed upon him. When he DID go out to see them, the kids mobbed him at one school, making a massive group-hug, standing back to let the next wave surround him too, then scrambling to block the many doors with their bodies -- arms outstretched -- after a child cried out, "Block the doors so he can't leave!" Then,...some simply started crying, wondering why he was leaving.
Mr. Noack, (who seems to have last worked for the Houston Area YMCA at their Cypress Creek YMCA facility), showed the court many facts, including the quite apparent FACT (as supported by documents filed in federal court) that the YMCA gave false testimony to the labor board, stating among their broad denials, " Prior to his resignation, the Complainant never alleged or complained of any improper treatment. The first time the YMCA had any knowledge whatsoever that the Complainant claimed that the YMCA had discriminated or retaliated against him was when it received a copy of the Complainant's Charge of Discrimination." Such a statement was a gross lie to a State of Texas labor investigator : a lie proven as such to the court by multiple paper documents. Noack had been in discussions with supervisors & YMCA HR repeatedly in person, by phone, & via emails. In fact, such things had been going on for (by record)...at least 7 years, including meetings with YMCA HR reps & executive directors in 2000 & 2007, as he attempted to resolve problems at work. Ladies & gentlemen, the YMCA as a "Christian" organization, ought not be doing such things, and perjury is a crime! The abundance of apparently-false testimony by the YMCA, as shown to the court, really should be investigated for possible criminal prosecution.
Noack had also seems to have been compelled by his female supervisor to hire a female, part-time subordinate at a higher wage than he himself was earning! Later on, it appears the YMCA also hired some other female part-time staff at a much higher rate of pay than Noack himself was getting as a fulltime employee of many years' childcare experience, training, and job-related university education and professional credentials. Based on the aforementioned and more, it looks as if there may have been a concerted effort to degrade and humiliate the man in his office by a female supervisor and multiple female coworkers -- at a men's organization, no less. Reportedly, a woman doing similar work for the YMCA once told Noack upon hearing of his pay, "You got robbed!" (She then explained to him that she had received much higher wages.) -- Oh, but that was sometime after the rumored years of YMCA demands that employees not divulge their pay-rates to their fellow coworkers, lol.
While Noack produced over 300 pages of documents as evidence, the YMCA withheld almost ALL evidence for months, even though federal regulations mandate turning over all evidence within 30 days of the initial request made. Noack evidently had to go to court to get a judge to order the YMCA to turn over evidence that it had. The YMCA also seems to have tried to say they had turned over many pages of evidence they had never sent, claiming he had signed for it. Documents filed in court, however, indicate something else.
YMCA claims in a letter to the district court indicated they (supposedly) sent over 85-90 pages of documents to Noack many months before. However, Noack presented the court with photocopies showing that was not true. The USPS certified mail code presented with Noack's signature as "proof" of compliance with Noack's discovery requests was shown to be for a mere letter envelope. Noack had in that envelope received a mere 5 pages and not the documents the YMCA later claimed he'd signed for. That would mean a total of 90 pages would have had to be stuffed into that small billing envelope! No way. Try it yourself! Yuo can triple-fold it or scroll it but it isn't going to pass that way NOR for that postage! Fact is, the YMCA withheld evidence, breaking federal Law that requires it be divulged within 30 days. Then, they lied to the court, too!
So, Noack (not an attorney & too poor to hire one)... had to force the issue into court to make the YMCA turn over evidence due to the fact the YMCA had been stubbornly breaking federal Law. So, the court somehow ORDERED the YMCA to turn over (some) evidence. Before doing so,...the YMCA instead filed for summary judgment, to try to kick Noack out of court due to...lack of evidence on his part. (Lol, while they were withholding it!) The YMCA then turns over some of it...on an encrypted CD (as Noack proved to the court, also).
However, as the evidence began showing true Noack's claims of apparent discriminatory discrepancies in pay, the YMCA withheld the rest of the court-ordered evidence. (Lol, we ARE still talking about a "Christian" organization here, right?!) So, what next? The court simply allowed them to disobey court orders, with the judge never giving any reason at all for her actions. (Yes, a female judge - magistrate Nancy Johnson - in a case including claims of anti-male gender-bias.)
Also, in the same U.S. District Court where another judge - Judge Kent - recently lost his position due to improper behavior, Magistrate Johnson allowed, as evidence, unnotarized YMCA affidavit testimony which Noack impeached via paper documents proving that at least one of the persons had told gross, blatant lies in her testimony. Fact is, ALL of the YMCA's affidavits were unnotarized; yet the court played down Noack's documentation & sworn testimonies. How can there be any assurance that whomever filled out & signed those pages did not lie, if nobody was there to validate they were under oath to tell the truth such as is required by U.S. Law? The fact is, Noack showed absolute documented proof that at least one or more persons boldly lied against him for the YMCA. The court allowed such discredited YMCA testimony & regard them over Noack's sworn testimony and documents that, well, pretty much prove Noack's version of events & that the YMCA repeatedly has lied. However, a summary judgment proceeding requires all facts to be interpreted in Noack's best favor (as the non-movant in that legal
maneuver). Such flagrant abuses of judicial authority should result in immediate impeachment. It has no place in our courts, and who knows how many other cases have been adversely affected by similar improprieties & corruption? How can they have simply run the man out, with almost all the evidence in Mr. Noack's favor without so much as allowing him his day in court for a jury to decide? Such behavior is BLATANTLY
unlawful, so where is the FBI on all of this?
As for Noack? He contends that a lot more of those YMCA testimonies were false, but he didn't have the money to do depositions costing hundreds of dollars each, and was not allowed to cross-examine any of the people making affidavits. The YMCA claimed such people were "deposed", so by Law that required an opportunity for cross-examination by Noack, also, but it was not allowed. If cross-examination of a deposed witness is not allowed, the statements should not be allowed, but they were..and without Noack being able to point out their contradictions nor offer his contrasting version of events. Maybe that's why the YMCA worked so hard to prevent him from getting in front of a jury! After all,...Noack had proven repeatedly that the YMCA was willing to lie & had done so!
The misfortunate Plaintiff, Mr. Noack, also showedemail evidence in which he had protested his being hindered by having been (allegedly) told to not hire too many blacks AND to keep them separated...and to not hire too many men and to keep them separated, also -- both forms of illegal "cherry-picking" Noack reasoned. The emails
proved his supervisor responded... by giving an illegal reason for that YMCA behavior, in an attempt to excuse it. Yes, the reason or excuse she gave was illegal, too, as discrimination is not permitted by Law unless there is a business necessity for it
(- & there wasn't).
Both courts have ignored this utter proof of discrimination!
That blatant judicial falsehood shows corrupt courts.
(The YMCA location Noack was working at seems to have been a large, very nice facility in a predominantly-white, affluent neighborhood of Houston, TX; and, that same facility recently has done Mega-HUGE $$$ in new construction & remodelling!)
According to sworn testimony produced as evidence, Noack was subjected to years of ongoing discrimination, including differences in pay, staffing support, overtime, job availablility & opportunities, & more. Sworn testimony also states that Noack had been repeatedly physically-assaulted at his YMCA job, threatened with physical assaults, ridiculed, harassed, retaliated against, put out of a position due to his gender, and refused a position due solely to his gender.
The industrious Mr. Noack had additionally taken it upon himself to build better YMCA relations with Waller ISD, Prairie View, TX, & Prairie View A&M University (a traditionally "black" university), looking forward to expanding YMCA activities & presence in those needy areas. He also hired Prairie View A&M students -- especially ones studying to become teachers, social workers, etc. When these things progressed, Noack apparently began to receive orders to not hire "too many blacks" and to keep them separated. Noack appears to have refused to practice discriminatory hiring & continue working unpaid overtime (the latter of which seems to have been compelled upon him for years). Mr. Noack soon experienced the apparent wrath of the YMCA and was quickly written up & placed in potential danger of losing his job.
During the time of Noack's final write-up at the YMCA, he was being compelled to work his own job plus do the work of 2 yet-unhired, 20-hr/wk, part-time employees...all within 40 hours per week, or else possibly suffer disciplinary action that might include termination, as he was no doubt under obligation to keep everything up to standards, regardless. At that time, according to Noack, he had to do all that work in such a situation that forced him to be alone with children and thereby break YMCA policy. Yes, the YMCA had evidently been FORCING Noack to break their own stated policy AND directly emailed orders from the person supervising ALL YMCA work in Houston, TX (for his department)-- something which he could have been fired for.
Furthermore,...records seem to indicate that Noack was written up for valid overtime required by both his YMCA job requirements (as stated) AND his obligations to TX DFPS (childcare licensing). Why the latter? -- Because of a report on the day & evening in question to him, by staff at his largest state-licensed afterschool childcare site. Staff had phoned Noack informing him of a child-reported problem of in-home abuse, something which TX State Law required Noack to report within 48 hours AND ASAP within that time (in order that investigators might see the abuse-marks on such a child). Noack, therefore, was obligated to immediately investigate, then notifying his boss & TX DFPS about the incident the next morning. Noack's disciplinary write-up was therefore without merit -- evident as retaliation.
Many other items could be reported, but space is insufficient. Among those, however, is the FACT-- at first denied & then finally admitted by the YMCA-- that documentation was taken by Noack's supervisor from one of the YMCA afterschool programs under Mr. Noack's supervision (- he was a multi-site director & State-licensed childcare director). That documentaion, taken secretly and not returned to Noack, was something that TX DFPS (childcare licensing) required to be kept onsite, daily, for them to view upon their unannounced inspections. That action, therefore, placed Noack in danger of being cited by TX DFPS -- a citation that would have appeared, accessible to the public, at the TX DFPS website. It could have impacted Noack professionally. In fact, since YMCA mandates for multi-site directors REQUIRE that they keep their sites in compliance with TX DFPS rules & regulations,...the YMCA could have used such a citation as an excuse to fire Noack.
That problem, plus others, including Noack also being ordered by his supervisor to divulge to her his computer & telephone passcodes -- something ALSO against written YMCA policy -- was reason for Noack to know he could no longer be safe or able to keep up his duties to TX DFPS, the YMCA, & the children, parents, & communities he served. Noack resigned in the fall of 2007. (The YMCA has their own tech staff who are able to remotely access computers, so there was no legitimate need to order him to violate YMCA computer-usage policy.) The YMCA also once sent Noack a partial disclosure of court-ordered evidence on an encrypted CD, unaccessable to him, very shortly before his response was due against the YMCA's Motion for Summary Judgment. That, too was shown to be fact to the lower court, which apparently ignored it. The lower court judge also refused to acknowledge multiple facts of quite serious nature in the evidence presented, as she downplayed Noack's sufferings at the YMCA, pretending that nothing was serious enough to merit a court trial in which Noack could present his case to a jury....even while his sworn testimony divulged allegations of multiple physical assaults, threats of physical assault, ridicule, unfairly docked pay, lack of work positions he claims he was put out of and denied (included due to outright, stated gender-bias, etc), & more.
Noack apparently has, furthermore, apparently submitted sworn testimony to the 5th Circuit Appeals Court indicating that the hearing transcripts...have been tampered with & "doctored" prior to being turned over to him for making his appeal. A lone Appeals Court judge (- a female judge again) seems to have simply rejected Noack's documentation on that, telling him he could address the issue in his appealate brief if he desired. [As a side note, appealate briefs are strictly page-limited, making it unlikely that Noack would have the extra space to address the matter there, and he apparently wanted the withheld evidence & accurate transcripts (as required by Law)...in order to use the evidence IN the preparing of his appealate case.]
Additionally,...just prior to that incident, the lower court had refused to provide the transcripts at government expense to Noack, (who is an impoverished, pro se, and in forma pauperis litigant), maintaining that the man must show good enough reason for the court to do so. Noack had objected in vain to that, it seems, being concerned that whatever he files to one party must be filed with all -- something that would force him to divulge his legal intentions to his opponent. It also appears that the very same things that Noack contended were his reasons for seeking the transcripts....were the very items deleted from them before the court finally provided them to Noack...after he apparently had to divulge such info to get them. (Noack also was at each hearing, self-represented, so he should well know what was & was not said.)
So again, where is the FBI in all of this? Do the courts get to accept or reject sworn testimony depending on whose it is...or whose they want? Do they have that right? No!!
Shouldn't they be obligated under the Law to investigate to see whether or not the transcripts have been tampered with or are verbatim (as dictated by Law)? And what about the State of Texas? Shouldn't they be interested in some kind of intervention when documents filed in court seem to show the YMCA was brazenly lying to a State of Texas labor board investigator? This all looks quite improper, and given the facts regarding the fairly recent Judge Kent scandal in the same U.S. District Court, why is it all being..... ignored? .
Well, I must say the man has held up better than I could have in all this, as I'd feel much less inclined to care about the people who caused me so much trouble. However, the man seems to have kept a rather good & godly attitude toward both the YMCA and his former coworkers. Maybe he knows they must be scared about what they did. Well, if that's true, its too bad they don't seem to have had the nerve to own up to all their "mistakes" against him. Hmmm, I suppose that IF the YMCA were really honest about it all, they could make use of their employer right to do polygraph tests on the various employees involved . I'd guess they'd have some quick confessions and a few discreet resignations, but I think their actions so far show they might still cover for any bigshots who might have been involved. Meanwhile, the man they seem to have destroyed...plods on.
U.S. District Court records are available through FOIA
(Freedom of Information Act) as a matter of Federal Law.
(Link is to an article on Houston YMCA CEO's high salary, plus comments.)
A posting on "Ripoff Report" has some additional info apparently also corroborated by documents filed in the actual legal case.
IF...you are appalled at the senseless abuse of power against the man many warmly new as "Mr. William" (William Noack),
thenPLEASEfeel free to send the link for this site to
friends, family, etc.
This is a story that should not be buried for mere political expediancy by the YMCA, the Courts, or the news media.
This is a matter of gross civil rights abuses right here in the USA.
--- Thank you !
Do You Know Y?: http://rainingdaylight.angelfire.com/doyouknowy
Of Mice or Men?:http://rainingdaylight.angelfire.com/ofmiceormen
whY Racism?: http://rainingdaylight.angelfire.com/whyracism
You Gotta See This! (Who is Mr. William?): http://rainingdaylight.angelfire.com/yougottaseethis
Website with Noack's Recent U.S. Supreme Court Petition
Documents Show Proof of Judicial Crimes
Some additional websites about judicial injustice & corruption:
http://www.defraudingamerica.com/judicial_corruption.html (Warning - Some disturbing images on this site!)
Books related to injustice & judicial corruption: