'TEXAS WORKFORCE COMMISSION' STATE AGENCY CIVIL RIGHTS DIVISION DIRECTOR ROBERT GOMEZ ON SEPTEMBER 9, 2008, WRITES AND SENDS ME AN E-MAIL REPLY NOTE IN REGARD TO UNWANTED SEXUALITY-THEME COMMUNICATIONS AT ONE OR MORE OF MY PRIVATE-SECTOR WORKPLACES IN AUSTIN, TEXAS, IN 2008

From: Gomez, Robert
To: "mcmillanj@att.net"
Cc: "donna.howard@house.state.tx.us" ; "susanna.holt@twc.state.tx.us" ; "john.moore@twc.state.tx.us"

Sent: Tuesday, September 9, 2008, 8:20:45 AM CDT
Subject: RE: 9-6-08 re: unwanted communications at workplace: Response

Mr. McMillan:

The Texas Workforce Commission Civil Rights Division (TWCCRD) enforces the Texas Commission on Human Rights Act which prohibits employment discrimination based on race, color, religion, national origin, sex (includes sexual harassment), disability, and age. 

Complaints that are filed with the TWCCRD are dual-filed with the US Equal Employment Opportunity Commission (EEOC) so it is therefore not necessary to file with both the state and federal agencies. Although the complaints are filed with both agencies, only one will conduct an investigation. Employment complaints filed with TWCCRD must be filed within 180 days of the alleged discriminatory act.

The information in your e-mail is insufficient to generate a charge of employment discrimination. And, please remember that TWCCRD is not in a position to be your legal advisor or to provide you legal counsel or guidance on any issue you encounter or are at risk to be subjected to.

However, if you believe you were discriminated against by your employer you have a right to file a charge of discrimination with TWCCRD by calling (512) 463-2642 or toll free (888) 452-4778 and ask to speak with an Intake Investigator.

If you work for a private employer within the city limits of Austin you would need to contact and file your charge with the:

City of Austin Equal Employment/Fair Housing Office
505 Barton Springs Road #720
Austin, Texas 78704
(512) 974-3251

Thank you,

Robert
Robert Gómez, Director
TWC Civil Rights Division
512-463-4432
Be of Good Cheer!
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited.
______________

From: John McMillan [mailto:mcmillanj@att.net]

Sent: Saturday, September 06, 2008 12:32 AM

To: Gomez, Robert; donna.howard@house.state.tx.us

Subject: 9-6-08 re: unwanted communications at workplace

Dear Texas Workforce Commission Civil Rights Director Gomez at TWC state headquarters in Austin,

I have one additional respectful civil-rights-related and legal-rights-related question for yourself:

Does state or federal or municipal law in Austin, Texas, currently protect me against any risk of my ever at any time being subjected to any unwanted "sex"-theme, any unwanted "sexuality"-theme, any unwanted "gay-theme," any unwanted "effeminate-male-adult" theme, any unwanted "gay-rights theme," or any unwanted "transsexual-theme" verbalized communications, at any workplace where I myself ever agree to be employed during that time period or am ever myself employed during that time period.

As a morally and aesthetically straight, platonically polite and masculine, facially cleanshaven, medically healthy and HIV-negative, fully ambulatory and athletically talented, disease-free, psychologically healthy, consistently law-abiding and consistently civil and honest and conscientious and vigilant, non-sadomasochistic and anti-S&M, permanently illicit-drug-free and never-previously-addicted, permanently alcohol-free and non-alcoholic, lifelong tobacco-free, jewelry-less, tattoo-less, consistently clean-talking, lawfully religious as well as lawfully heterophiliacal adult gentleman, I strongly believe that 99 percent of all human relationships in life are platonic in nature. I also strongly believe that 99 percent to 100 percent of the adult men whom I most enjoy associating with in my own career-related pursuits are, in fact, heterosexual or primarily heterosexual in sexual identity per se. 

Thank you in advance for your very helpful reply E-mail letter or signed reply letter in response to this one question from myself.

Sincerely and Best Wishes,

John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net

cc: State Rep. Donna Howard, who diligently represents me in the Texas House of Representatives, Texas Legislature.