A former Harvard janitor filed a sex discrimination complaint against a University subcontractor last month, sparking protest from her union and student activists against the University on Friday.

In the complaint, which was filed with the Massachusetts Commission Against Discrimination (MCAD) on April 4, Marlene Soprani accuses ACME/Pioneer Janitorial Services manager Carlos Da Silva of telling her that a job she applied for was “more for a man.” Da Silva then publicly humiliated her in connection with her interest in the shift, Soprani alleges. She was fired a few weeks later.

Da Silva said yesterday that he had not discriminated against Soprani, citing her poor performance as the reason she was denied the job and later fired.

“Marlene Soprani was never told that she was being denied the position due to being a female,” he said. “She was told that she was not getting the position because she was not qualified based on her record.”

“We have tried everything within our power to rehabilitate her, and nothing was possible,” Da Silva added. “I feel for her, but we have to make decisions.”

The University is currently investigating the accusations, according to Marilyn D. Touborg, director of communications at Harvard’s Office of Human Resources.

“Any report of discrimination on the Harvard campus is taken very seriously whether it involves a Harvard employee or an employee of an outside contractor working here,” she wrote in an e-mail.

Touborg declined to comment on the nature of the investigation.

ACME/Pioneer Vice President Frank Gello denied that the company is guilty of discrimination, pointing to the fact that a woman now holds the job that Soprani was denied.

“We’ve been a business for 54 years, and it’s the only claim we’ve ever had,” he said.

Gello said he is preparing to meet with Soprani and her union representative tomorrow, noting that he only became aware of the incident last week when he received a copy of the MCAD complaint.

“I’d like to talk to her and a union representative head on,” Gello said. “I want to settle all the issues when I meet [them] on Thursday—I’m encouraged that we can.”

ACME/Pioneer has agreed to participate in formal mediation with Soprani and is waiting for the union to suggest a date, according to Gello, who refused to comment on what terms the company might be willing to accept.

Harvard’s Responsibility?

Though the discrimination complaint was filed against a subcontractor—and not Harvard—some feel the University still bears responsibility for such actions.