Juan Figueroa, a former guard in the Business School who was fired last spring, has already filed a complaint with the Massachusetts Commission Against Discrimination charging his termination was wrong because he had no history of discipline and because other guards were given lesser punishment for the same offense.
University Attorney Allan A. Ryan Jr., who is handling the case for Harvard, alleges that Figueroa was a bad employee who frequently lied in his guard reports. Now, guard Pierre R. Voss, who was the first security employee to allege discrimination, has also begun the process of filing a complaint with MCAD.
Four other guards who have contacted attorneys are keeping quiet as to their legal plans. These guards had said earlier in the year that they would wait for the results of Marshall's investigation before filing any legal action. But with the date of an announcement unclear, these guards say they may not be able to wait that long.
Some believe that an answer from Marshall could bring matters to a close, but the majority of guards say she has waited too long. For a general counsel whose task was to eliminate even the "perception" of a problem, the last six months have just given that perception more time to take hold.
Many guards say they believe the likely result of all this could be an extended legal quagmire that could consume security department time and University money for years to come.
"It's because they don't want to come out and say anything," says Stephen G. McCombe, a guard and union steward who has charged discrimination. "I think Marshall shirked her duty, and should have come out with an answer long ago."
"I think her dragging her feet has hurt the unit," McCombe says.
In January, General Counsel Margaret H. Marshall began an investigation into allegations of discrimination in the security guard unit, and guards on both sides of the dispute had high hopes for a resolution. Now, with no end to the probe in sight, the same guards have become frustrated with Harvard's top lawyer.