DISCLAIMER: The content herein reflects the allegations made in the complaint filed against KG&P Strategies (MVM Inc, KACE Company, The Providencia Group, and evolve24 dba Sherpa LLC), and individuals including Amber Kodish, Rose Sommovigo, Noah Howerton, Scott Forbes, Carmen Campos, and Crystal Wheeler. Maria Campos and Kevin Marquez have been named in the initial EEOC Inquiry and are potential witnesses. All items on ALL pages and posts on this website is intended for informational purposes only and does not constitute legal advice. The legal proceedings will determine the validity of these claims.
The EEOC Inquiry Summary, now publicly available as an exhibit in previous court documents, details allegations of sex discrimination, including sexual orientation and gender identity, and retaliation involving Osman, a former VP of Data Science at evolve24.
On February 17, 2023, Osman was terminated from his position at evolve24, allegedly for violating the company's retaliation policy. Osman believes his termination was due to assumptions about his sexual orientation and implicit bias within the organization. He reported almost discriminatory communication to HR regarding his sexual orientation and felt HR insinuated that he was homosexual through their communications, even though he had not officially come out.
Osman claims he received warnings about vague "violations" without specific dates and that his termination coincided suspiciously with his eligibility for a performance bonus after a glowing review in December 2022. He believes his heterosexual colleagues, such as Noah Howerton, Bryan Bernat, and Brad Niemeyer, were treated more favorably due to unconscious bias against homosexuals. This pattern of implicit bias and discrimination, Osman asserts, was not addressed appropriately by the organization.
Additionally, Osman noted the departure of key personnel, including CEO Amber Kodish and HR representative Rose Sommovigo, 4-6 weeks after he informed the organization of his intention to report evolve24 to government authorities. Osman suspects these departures might be related to his complaint. He highlighted the lack of diversity at evolve24 before his tenure and his efforts to hire a more diverse team, which contrasted with the company's previously homogeneous hiring practices.
Osman also raised concerns about the role of Scott Forbes, a client from KACE Company, a sister company of evolve24. On the same day Noah Howerton initially made the complaint, Amber Kodish received a call from Forbes about Howerton. Osman found this timing suspicious and questioned why Forbes did not approach him directly, as he was Howerton's manager.
Despite his efforts to resolve the separation amicably through appropriate channels within the organization, Osman felt that the company's actions were part of a concerted effort to remove him. He has listed multiple witnesses, including executives from KG&P Strategies, Inc. and other associated entities, to support his claims.
The EEOC scheduled a phone appointment on July 6, 2023, to further investigate the case. The deadline for filing a charge is December 17, 2023. The corresponding Lawsuit was filed January 8, 2024 and is still in progress. Below is the EEOC Inquiry Summary.
----------
**EEOC Inquiry Summary:**
**Inquiry Number:** 570-2023-01715
**Inquiry Office:** Washington Field Office
**Potential Charging Party:**
- **Name:** Osman
- **Address:** *********
- **Email:** **********
- **Phone:** **********
- **Gender:** Male
- **Disability:** No
- **Ethnicity:** White
- **National Origin:** Afghani
- **Hispanic/Latino:** No
**Respondent (Employer):**
- **Organization:** evolve24
- **Type:** Business or non-profit organization
- **Employees:** 20 or more
- **Address:** 3076 Centreville Rd Ste 200, Suite 200, Herndon, VA 20171
**Incident Details:**
- **Date of Incident:** 02/17/2023
- **Complaint Reasons:** Sex (including sexual orientation and gender identity), Retaliation
- **Pay Disparity:** No
- **Location:** Virginia
- **Submission Date:** 03/10/2023
- **Charge Number:** 570-2023-01715
**Adverse Actions:**
- **Termination Date:** 02/17/2023
- **Position:** VP, Data Science
- **Reason:** Violation of company's retaliation policy
- **Notification Date of Complaint:** 02/07/2023
- **Member Complaint Date:** 01/27/2023
**Key Allegations and Events:**
- Osman did not officially come out as homosexual but felt HR insinuated this through communications.
- Received a warning containing vague "violations" without specific dates.
- Alleged that his termination was due to assumptions about his sexual orientation and implicit bias.
- Reported "almost discriminatory" communication to HR due to sexual orientation.
**Comparative Treatment:**
- Claimed that Noah Howerton, a heterosexual colleague, was treated better due to unconscious bias against homosexuals.
- Felt other heterosexual white men (e.g., Bryan Bernat, Brad Niemeyer) were not scrutinized similarly.
**Supporting Witnesses and Contacts:**
- **Rose Sommovigo:** HR, email: rsommovigo@evolve24.com
- **Amber Kodish:** CEO, email: akodish@evolve24.com
- **Kevin Marquez:** CEO, KG&P, email: MarquezK@kacecompany.com
- **Charles Ratzer:** VP Marketing, KG&P, email: RatzerC@theprovidenciagroup.com
- **Carmen Campos:** HR Rep, KG&P, email: camposC@corpsrvcs.com
- **Maria Campos:** COO, TPG, email: CamposM@theprovidenciagroup.com
- **Noah Howerton:** Original complainant, email: nhowerton@evolve24.com
- **Scott Forbes:** KACE Company, email: forbessc@kacecompany.com
- **Crystal Wheeler:** Chief People Officer, email: Wheelerc@corpsrvcs.com
- **Bryan Bernat:** Chief Product Strategist, email: bbernat@evolve24.com
- **Brad Niemeyer:** Director of Engineering, email: bniemeyer@evolve24.com
- **Mike Calumet:** VP of Sales, email: mcalumet@evolve24.com
- **Tamera Montagna:** New CEO, email: tmontagna@evolve24.com
**Additional Information:**
1. **Scott Forbes' Role:**
- **Company:** KACE Company (sister company of evolve24)
- **Position:** Client (according to Amber Kodish)
- **Details:** Osman noted that on the same day the complaint was originally made by Noah Howerton, Amber Kodish received a call from Scott Forbes about Howerton. This contact raised suspicions for Osman, who felt it was too coincidental. Osman questioned why Forbes felt unable to approach him directly, especially since he was Howerton's manager, and wanted to understand the root cause of the lack of direct communication.
2. **Departure of Key Personnel:**
- **Amber Kodish and Rose Sommovigo:**
- Both left evolve24 approximately 4-6 weeks after Osman informed the organization that he intended to report evolve24 to appropriate government authorities.
- **Amber Kodish:** CEO of evolve24 at the time of Osman's termination. According to Osman, Kodish would not clearly articulate in writing how he violated the company's retaliation policy. Kodish's direct supervisor was Kevin Marquez, CEO of KG&P. Osman suspected that Kodish's departure might be related to his complaint.
- **Rose Sommovigo:** HR representative involved in Osman's case. She communicated with Osman about the alleged violations and was informed by Osman about his concerns of unconscious bias. Sommovigo left evolve24 in April 2023, shortly after Osman mentioned reporting the company's behavior.
3. **Concerns of Bias and Discrimination:**
- Osman highlighted a pattern of implicit bias and discrimination due to his sexual orientation and mannerisms, which he felt were not addressed appropriately by the organization. He felt that heterosexual colleagues were treated more favorably and that his behavior was unfairly scrutinized due to assumptions about his sexuality.
- Osman noted the company's lack of diversity prior to his tenure and his efforts to hire a more diverse team, which contrasted with the previously homogeneous hiring practices.
4. **Performance and Bonus:**
- Osman mentioned he had a glowing performance review in December 2022 and was eligible for up to a 15% bonus. He believed his termination was suspiciously timed to coincide with the performance review process, potentially to avoid paying the bonus.
5. **Efforts to Resolve Issues:**
- Osman stated he tried to resolve the separation amicably and sought to address his concerns through appropriate channels within the organization. He believed the company's actions were part of a concerted effort to remove him and noted the coincidental timing of key personnel changes following his complaints.
**Top Executives of KG&P Strategies, Inc. (Potential Witnesses):**
- **Kevin Marquez:** CEO of KG&P, which includes MVM Inc, KACE Company, The Providencia Group, and evolve24.
- **Maria Campos:** COO of The Providencia Group (TPG) and a top executive at KG&P.
- **Crystal Wheeler:** Chief People Officer of KG&P.
**Appointment Details:**
- **Date and Time:** 07/06/2023, 09:00 EST
- **Type:** Phone
**Deadline for Filing a Charge:** 12/17/2023