At least two former CPMC supervisors have written to the San Francisco Human Rights Commission in conjunction with the lawsuit, claiming that superiors at the medical center instructed them "not to hire any more Filipinos."
CNA representatives claim that they have the numbers to back up their claims and point to St. Luke's Hospital, in San Francisco, which is a CPMC affiliate.
]]> In 2008, more than half of the hospital's nursing staff was Filipino. However, starting in early 2008 and continuing to the present, only 10 percent of the registered nurses hired by St. Luke's have been Filipino.CPMC's CEO has referred to the claims as "dishonest" and reaffirmed the hospital's dedication to fair hiring practices and racial equality.
The cry for action has also been picked up by the Filipino Community Center and the National Alliance for Filipino Concerns, and a spokesman cited the medical center's alleged discriminatory practices as yet "another blatant example of the abuse that Filipino migrant workers face in the United States."
Union officials and Filipino community members are also asking the San Francisco Human Rights Commission to investigate California Pacific Medical Center for policies that promote discrimination based on national origin, race and ethnicity.
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]]>That is the opinion of UCLA associate research professor Dr. James Enstrom, as quoted in Land Line Magazine this month. It seems like sound reasoning, but that opinion could get Enstrom fired.
An employee at UCLA for more than 35 years, Enstrom has voiced concerns regarding the California Air Resources Board's (CARB) data regarding diesel exhaust. Under CARB's diesel exhaust rule, truckers and bus fleets are required to install "diesel particulate matter filters" and upgrade truck engines by January 2012.
In total, this could cost truck drivers and transportation companies upward of $10 billion. However, those who fail to comply face thousands of dollars in fines.
]]> In late 2009, the top researcher working on CARB's diesel exhaust rule was found to have forged his resume and lied to superiors at CARB on many different occasions. For reasons unknown, CARB Chairman Mary Nichols deigned not to tell all the members on the agency's board.Finally revealed a year later, many were outraged and some, like Enstrom, called for a reconsideration of the diesel exhaust rule. Amazingly, even as Enstrom faces termination, the researcher who lied on his resume is still employed by CARB.
Some have claimed that political pressure and outside interests have begun to seep into the field of science, influencing study results and official opinion. If true, then science would greatly benefit from those like Enstrom, willing to risk ostracization to reveal the truth.
Instead, CARB seems to be set on retaliation. If fired, Enstrom may consider appealing the situation.
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Recently, former public relations professional Jennifer Glassman filed a wrongful termination lawsuit against Housewives star Teri Hatcher. In the suit, she claims that Hatcher asked her to take a vice presidential role in Hatcher's production company, ISBE Productions, and promised her 50 percent of the profits from projects that she would work on.
Glassman took the opportunity and, according to her complaint, dedicated herself to getting the job done. However, all that hard work netted her next to nothing when Hatcher and ABC pushed her out of the profit line. Glassman claims that she was dismissed just before a successful launch of gethatched.com, which is run through Disney's family.com site.
]]> The biggest problem facing Glassman is that no detailed contract was signed, making it hard to show that Hatcher offered her anything specific or that the position was more than at-will employment. The only contract supposed to have been signed is one that operated more as a "formality" and "does not include terms of employment, compensation, job duties or title."Still, Glassman feels confident that she is in the right and is asking for an unspecified amount of damages for wrongful termination, fraud, intentional deceit and emotional distress.
Hatcher, ABC and Disney have all denied the charges vigorously and announced plans to fight the charges in court if necessary.
Earlier this year, Nicollette Sheridan sued ABC and show creator Marc Cherry for wrongful termination, assault and other indiscretions.
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However, many like Boudlal choose to wear the hijab. The question in this case is whether or not she should be allowed to wear it while working in a customer-facing role. Managers at the Chip'n'Dale-themed restaurant where Boudlal works offered her a "backroom" position several times, Boudlal refused to be hidden in the back.
Part of Disney's defense has been the heavily-themed nature of their park, its attractions and restaurants. At Disney, public-facing image is everything.
]]> Still, denying Boudlal's right to wear a traditional hijab seems to contradict the company's many expansions throughout the world - not to mention the message delivered in its popular "It's a Small World" ride.Boudlal alleges that she has been sent home without pay several times for her refusal to remove her head wear. She filed her complaint with the U.S. Equal Employment Opportunity Commission early on Wednesday, and shortly thereafter, attempted to report for work. Again, she was sent home.
Disney has maintained that it is working hard to facilitate Boudlal's request to wear the hijab. However, even though she filed the request in June, Disney has failed to make significant strides in addressing the issue,
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Of that money, $182,500 came from Playboy Entertainment Group Inc., which jurors felt could have done more to stop the harassment.
In her lawsuit, Crouch alleged severe emotional distress while on the job, as well ongoing post-traumatic stress disorder after leaving. She also claimed disability harassment following a period in which she was on medical leave for back surgery and complications with her breast implants.
]]> While Playboy acknowledges that Dorn was reprimanded during Crouch's time at Playboy TV, representatives were unable to show that enough had been done to truly discourage him from engaging in verbal abuse.In addition to a penchant for profanity, Crouch claimed that Dorn referred to her as a "whore" and a "slut." He once became so heated in his insults that he ended up spitting on her. He also claimed repeatedly that men were far superior to women.
A married mother of four, it would have been easy for Crouch to justify staying quiet in order to keep her job. However, even with the intensely hostile environment, she made the decision to stand up for herself. Last week, her decision was vindicated.
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In filing his age discrimination lawsuit earlier this year, Reid accused co-workers and superiors of referring to him as "an old fuddy-duddy," in addition to other age-based names. Last week, the court determined that such remarks could be used to form the basis of an age-discrimination case even if they were not a factor in letting the employee go.
Understandably, such a ruling could have implications for other workers beyond the Reid case. However, California Supreme Court Justices only ruled that the remarks were admissible in court, not that they were substantive or would be considered sufficient once presented in court.
They may be admissible, but they may also be ruled inadmissible as evidence.
]]> Reid sued Google following his termination from the company in 2004. Prior to that, he had served as Google's engineering director. In firing him, superiors claimed that he was not a "cultural fit" and claimed that their decision was based solely on performance.Reid claimed that Google, a notoriously young company, more or less instituted an employee policy in which age was a major factor. Google has denied claims of age discrimination, but also declined to offer any substantive proof that the age range in corporate moved far beyond mid-30's.
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]]>Most of these pay cuts, reportedly, were levied in lieu of additional job cuts. According to the Times, hourly pay remains higher than ever, but wages continue to sink. To a certain extent, this is to be expected, and many workers have graciously accepted pay cuts that allow more to stay employed.
Still, it seems possible that a company might take advantage of the current economic climate by cutting wages or hours, inappropriately passing both off as necessary adjustments.
]]> In fact, as writer Steven Greenhouse points out, "a few (businesses) have seized on the slack labor market and workers' weak bargaining power to cut pay and thereby increase their profits and competitiveness."Such practices are a bit questionable, to say the least. Regardless of the economy, business owners and managers still have certain obligations to their employees and the law still enforces certain standards in regards to fairness.
If you suspect your company of improperly cutting wages or withholding things like overtime pay, you should still feel empowered enough to question those decisions. If you are being cheated, then you and your co-workers may be entitled to additional compensation.
The best defense against this sort of behavior is simply to be alert and aware of changes that seem out of place or uncalled for. If you have questions, your employer should feel comfortable answering them. If not, they may find themselves answering to the law.
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In the lawsuit filed last week, James Corcoran claims that he was told by city manager Robert Rizzo and police chief Mike Chavez to halt an investigation into charges filed against former city building inspector Eric Eggena.
In 2009, Eggena was accused of using the office he was appointed to for his own financial gain. Corcoran claims that his investigation would have led to official charges of graft. Meanwhile, Eggena has since become the police administrator for Bell.
]]> Corcoran also claims that he reported Rizzo for alleged "sexual advances" towards a secretary, including several attempts to sexually assault her. In late 2009, Corcoran was demoted from detective sergeant to patrol sergeant and, later, put on paid leave for "insubordination."Humiliated, Corcoran claims he to have had the option of retiring early or being fired. He opted for retirement.
In his lawsuit, he asks the city to restore his credentials as a police sergeant. He is also asking for compensation to cover income and benefit losses, medical expenses, and damages stemming from emotional distress and mental suffering.
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She is asking for $2 million dollars to cover the alleged sexual harassment, retaliation, failure to prevent harassment and retaliation, constructive discharge in violation of public policy, breach of oral contract, unjust enrichment and negligent and intentional infliction of emotional distress.
]]> In her lawsuit, White claims that Affleck made unwanted sexual overtures and attempted to convince her to stay the night in his hotel room during filming. After she refused, she says that Affleck became hostile and their professional relationship on the set suffered. The retaliation cited in her lawsuit, this behavior eventually led to her dismissal from the crew.Affleck and his legal team have denied the allegations as outright fallacy and Affleck has announced plans to countersue.
He is also facing a second lawsuit from a former cinematographer on the same project, also suing for $2 million, plus, for sexual harassment during filming. This lawsuit, filed late last week, has been decried by Affleck, but he has not yet announced plans for a countersuit.
White also claims that Affleck engaged in offensive and derogatory discussions on the set, sometimes referring to the women as "cows" and making various other off-color remarks in reference to female employees.
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Currently, California law specifically exempts farmworkers from receiving overtime.
In defending his decision to veto the bill, Schwarzenegger touched on a lot of the same talking points as those farmers and farming groups who opposed the bill. Claiming that the traditional eight hour workday model would hinder business, Schwarzenegger proved reluctant to reverse laws that have been on the books for a long time.
]]> Needless to say, there were a lot of upset people following the decision. Despite the governor's decision, the battle for overtime pay within the farm industry is far from over. Supporters of the bill were especially disappointed in the governor's decision to fall back on past laws, most viewed as severely unfair, in justifying his decision.Schwarzenegger claimed that agricultural work was different than other hourly jobs, was seasonal and more dependent on outside circumstances. In other words, because the role of a farmworker does not fit into conventional employment, those in that position do not deserve the same consideration.
This type of thought was espoused as recently as 1999, when California farm labor law was last touched.
California does, however, provide overtime pay to workers after 10 hours of work - not ideal, but also the only overtime paid to any farmworker in the United States.
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At least, weight loss occurs some of the time. In a 10-year Swiss study of more than 150 patients with gastric bands, about one-third failed to see long-term weight loss. Still, it could be worse.
At New York University's highly respected medical center, one patient died after receiving the procedure and several more were stricken with severe complications. When former surgery resident at the University observed what she considered to be a "Lap-Band factory," she began to call patients out of concern, warning those who had scheduled surgery.
It should be noted that the doctor making calls, Neelu Pal, had attempted to raise her concerns with hospital officials prior to her decision, but had gotten nowhere. When the same hospital officials found out about her calls to patients, she was fired.
She is currently involved in a wrongful termination lawsuit against the medical center.
]]> The importance of whistleblowers has been stressed before, but bears repeating. Especially when a recent study shows most doctors unwilling to report peer errors or incompetencies, those dedicated to patient safety should be celebrated.Though this was a New York case, Lap-Bands are increasing in popularity around the country.
This is not the first time Lap-Band surgery has had a light shone on it. The aforementioned Swiss study is one instance, but other organizations have also taken a close look at the weight-loss procedure.
For one thing, it is an easy procedure and, for the most part, an outpatient surgery. The two top surgeons at NYU medical center were sometimes doing as many as 20 surgeries a day, according to Pal. On top of that, both surgeons, Dr. Christine Ren and Dr. George Fielding, are paid consultants of Allergen.
Allergen is the top producer of gastric bands in the country.
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The 11 plaintiffs in the discrimination lawsuit, made up of former and current employees, cite "unequal pay, biased job assignments and few examples of black employees in management positions."
]]> The Rosemead-based company, located to the northeast of Los Angeles, is the largest business chunk of Edison International. As LA Weekly points out, Edison International's Web page touting diversity has a picture noticeably lacking in black employees, or even much range beyond that fact.The last time the utilities company was charged with racial discrimination, in 1994, they settled with employees for $11 million and instituted a process for diversity training within the workplace. Some of the employees involved in the 1994 lawsuit are also involved in this most recent one.
The necessary solution to Edison's continued racial discrimination problems appears to be some sort of massive, corporate shift in perspective. Obviously, time in court and millions of dollars are not strong enough deterrents.
To this point, there has been no reported comment from Southern California Edison or Edison International, though one would be expected soon.
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]]>Now, Novartis could face up to 2,500 reinstated overtime claims from employees across the country - from California to New York. When all is said and done, Novartis might be looking at close to $100 million in claims.
The class-action lawsuit claims a failure by Novartis to pay overtime between 2000 and 2007. In defending itself, Novartis attempted to cast the employees as "outside salespeople." Under the Fair Labor Standards Act, "outside salespeople" and "administrative staff" may be considered exempt for overtime pay standards.
]]> However, the employees in question were not technically salespeople, as they made no direct sales. Rather, they served as monitors for the pulse of clients, seeking information on prescription trends and the amount of doctors prescribing Novartis to patients. This was the official opinion by the U.S. Labor Department and the one eventually adopted in NY Superior Court.While these individuals could offer physicians free drug samples, they could not negotiate any sort of deal involving money transfer or large scale orders for the drug. The ruling is the first by a federal appeals court regarding exceptions to overtime claims by outside sales reps.
It is also the second blow to Novartis in about as many months. This May, a judge ruled that the company had discriminated against women in both pay and promotion, as well as unfairly penalizing pregnant women. The company was ordered to pay $250 million in punitive damages, in addition to compensatory damages paid to the 12 plaintiffs.
The case could serve as a guide for future allegations of sex-based discrimination.
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]]>24 Hour Fitness is the largest gym chain in the United States and supports more than 400 locations in 17 states, with membership around four million. In total, 24 Hour Fitness has about 20,500 employees spread across these locations.
]]> Plaintiffs in the discrimination lawsuit are asking for back pay and damages. They have also asked the court to put an end to 24 Hour Fitness' discriminatory practices, which would violate the Fair Employment and Housing Act and the California Business and Profession Code.Thus far, spokesmen for 24 Hour Fitness have vigorously denied any wrongdoing. The company maintains that both hiring and promotion practices are both legal and fair. At this point, the company is not ready to concede any financial payout and has opted to fight the case out in court.
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In a recent lawsuit filed against Coastside Scavenger and its owner, Recology of the Coast, a former employee appears to have been victimized by textbook retaliation and wrongful termination.
Jose Castellanos was a 37-year veteran of Coastside Scavenger and at one point served as an operations manager for the company. Two of his sons also worked at Coastside, though they were fired in 2008 after reporting the company for wage and hour violations and unsafe working conditions. In fact, his sons also filed a lawsuit against the company, citing "retaliatory treatment."
]]> Following their termination, Coastside Scavenger executives began to treat the elder Castellanos differently. Though he was not a part of his sons' lawsuit, the elder Castellanos began to suffer the consequences of their actions.First, his work performance began to be criticized and he was demoted from operation manager to lead mechanic. Company executives told him that he should resign and, when he did not, they fired him.
According to the lawsuit, Coastside Scavenger's general manager also made defamatory comments regarding his personality and performance, effectively salting the ground for future employment opportunities.
Castellanos has also accused the company of failing to provide his full pension.
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