Discrimination News
California Labor Law Disallows Discrimination against Filipino Nurses
Racial or ethnic discrimination can occur when an employer refuses to hire a person because that person speaks with an accent, even if she is fully qualified for the job. The union provided evidence - produced affidavits signed under penalty of perjury - showing this is what happened at CPMC. One former nurse manager, Ronald Rivera, worked at CPMC from April 2006 to April 2010 when he resigned on good terms. "One day I spoke with Diana Karner (VP of nursing) on the phone about hiring new RNs," he attested, according to the Los Angeles Asian Journal. "Diana said to me that we probably should not hire any more foreign graduate nurses. She explained that patients complain because 'it is hard to understand them and be understood by them.'"
Another affidavit came from Chris Hanks, who was the Director of Critical Care from 2008 to 2009 and reported directly to Karner. Hanks attested that he was told not to hire any Filipino nurses and said that Karner told him, "The Filipinos are always related, or know each other, and that's not good. You're not to hire them."
The union provided evidence that showed in 2007 the Filipino RNs at St. Luke's were 66 percent of the nursing population. Today they have dropped to just 10 percent.
Dr. Warren Browner, California Pacific Medical Center's chief executive, said that Sutter doesn't keep track of how many Filipino nurses it employs, but then added, "The percentage of Asian nurses at St. Luke's has actually risen slightly, from 63 percent in 2007 to 66 percent today."
According to the Los Angeles Times on 8/19/10, these discriminatory practices stem from Sutter's plans to cut services at St. Luke's. "Sutter's discriminatory practices against Filipino nurses is as much about denying job opportunities as it is about punishing unionized Filipina nurses at St. Luke's who stood up to Sutter's plans to cut services to our community," said Lillian Galedo of the Oakland-based Filipino Advocates for Justice.
Interestingly, Filipino nurses were honored last July by the Los Angeles City Council. Eric Garcetti, president of the City Council, sponsored a commendation ceremony for the Professional Filipino Nurses Society (PFNS). The society was honored by the Los Angeles City Council for their valuable contribution and service to the Filipino nurses in Los Angeles. The commendation was also signed by Los Angeles mayor Antonio Villaraigosa. PFNS was conceived to promote professional advancement and social awareness in the community.
Discrimination against a Senior Black Woman: a California Labor Law Violation
In 2005 Sodexo settled to the tune of $80 million a discrimination lawsuit filed by thousands of black employees who charged that they were barred from promotions and segregated within the company. The giant provider of food and facilities management services also agreed to follow diversity and inclusion guidelines that would increase opportunities for African Americans to advance within the company. In fact, the Sodexo website states, "Sodexo's leadership in diversity and inclusion stems from our recognition that being a dynamic company requires people with rich backgrounds and diverse perspectives." A picture of two happy black people supplements the text.
None of this is news to Florene.
Discriminatory actions started even before Florene's first day on the job. "My friend, who is the general manager and got me the job, said I would start at $12 per hour. But when I met my supervisor, he said the job only paid $10.50 per hour.
"When I got this job I was so excited, like someone had thrown me a lifeline," says Florene, who had been out of work for some time. "My supervisor and a few co-workers made unreasonable demands on me, but I figured if they saw my efforts and hard work, they would get through this." Unfortunately, their racist behavior continued, with the obvious goal of forcing Florene to resign.
"I wouldn't resign. I knew I was doing a good job and I'm a hard worker, regardless of my age. My age doesn't bother me but others think if you are over 60 you can't walk and chew gum at the same time. I look and feel 55 but I don't have control over the calendar. I can easily work 40-hour weeks; I wasn't going to mess up this job.
"However, the complaints against me continued at weekly meetings. They wanted me to sign reports??"complaints about me??"but I wouldn't. The badgering continued. One person said, 'Why don't you just resign and maintain your dignity?'
"'Whatever it is you want, I will try to do that but I will not resign,' I told my supervisor. I complained to HR but they ignored me. I finally left, and for three days I was so overwhelmed that I couldn't leave my house.
"My friends said I should file a complaint, because I was also replaced by a 20-year-old. I believe I was discriminated because of my age and race. I know I was doing a good job and I was working very hard. The way I was treated indicates discrimination, and I know that is a violation of the California labor law. And discrimination must not be tolerated anywhere. I owe it to myself and others to file a claim against Sodexo. Certainly I need money, but this isn't just about the money. They are horrible people, and I am devastated by this.
"I get social security but we all know that isn't enough. I need to work because the cost of living is just too high. My job prospects aren't good and I'm struggling emotionally. And I'm not alone: lots of people are discriminated against within this company."
"We had a director at our unit actually refer to the employees as monkeys," writes George Spivey, a Sodexo worker at Georgia Tech. "It bothers me to even talk about it. I went to Human Resources to report a complaint. I don't know if they ever did an investigation."
"I worked with a chef who would pull down his pants, use the 'n' word, and always had this thing about 'you people' referring to us being different from him," said Rubynell Barbee, a Sodexo worker at Morehouse College. "I brought it up with Human Resources but they said since he was part black it was ok. I don't think that it's ok."
Retaliation, a California Labor Law Violation, on the Rise
"This company is also violating ERISA and workers' compensation labor laws, and not just in my case," Margie continues. "There are many complaints about the company. I want the public to be aware that this is a less than reputable company; I would like to warn you not to work there and be careful if you have STD or LTD disability and workers' compensation disability through them. They practice denial, denial, denial - and I'm not just talking as a disgruntled employee.
"My story began when I was threatened with bodily harm by a co-worker. I had to sit opposite this girl??"I am a senior disability benefits specialist and she was under me. I don't know if she had it in for me because of my age (I'm 52 and a grandmother) or because she was jealous of my position. 'I'm gonna do a smack-down on you,' she said. In my book that means she is going to beat the snot out of me...
"I went to HR and they launched an investigation. I also made my supervisors aware of what was going on and they complained about her to HR as well. They physically witnessed her abuse to me. HR gave her a written notice about one week later, telling her to cease and desist. But she didn't and the problem continued.
"I requested a transfer so we wouldn't have to work together. I was in another department but the girl still wouldn't leave me alone??"or my son.
"HR told me to ignore her and soon afterward I went on vacation for two weeks. While I was gone this woman attacked my 22-year-old son, who also works at the company. After work she saw him in his car and she tried to pull him out. 'I want to kick your ass so get out of the car now,' she screamed, in front of several witnesses. I guess he was the next best thing to me!
"Apparently my son just looked at her and started laughing. He got out of the car and said, 'If you don't calm down now I m calling the police." He told her to 'bounce', which means get lost.
"They questioned everyone about this incident but still did nothing. When they called this crazy woman into HR she even made verbal threats to the HR person (who told me). That's when they decided to fire her. The reason she wasn't fired earlier was because her mother was one of the managers in the company.
"Four weeks after she was fired, in retaliation, one of the managers transferred me to her mother's department. I was a forced transfer and there wasn't any reason to do this.
"Moving forward, I hurt myself at work and exercised my rights for STD so I could have a cervical neck fusion. (I had continuous trauma due to lifting heavy boxes frequently, and holding a phone to my ear and trying to type at the same time). When I returned to work after eight weeks, I had physician restrictions: no overtime, no driving, no picking up anything up over 10 lbs.
"I'd had a year-end performance review for the prior year and it was a decent review. But about six months later I was given a final written notice with no prior notice of any deficiencies. Prior notice must give you a time frame: you have to improve within a certain period of time or get terminated. But I was never given any previous notices.
"In this final written notice, I was told that I have to work overtime. And they tried to force me to work overtime but I refused, citing my doctor's restrictions. I ended up taking workers' compensation disability due to stress, anxiety and panic because of this notice. I saw this as a form of harassment because I couldn't work overtime and retaliation by the crazy woman's mother.
"They really made things difficult for me. For example, upon my return from STD I requested one of the keyboard trays for ergonomic reasons. I was made to wait more than six weeks, even though other employees who requested it got it within a week. They used every trick in the book in an attempt to get me to quit.
"They see me as a liability to their company because I had injured myself.
"The day I returned from STD the claims director decided it was funny to see me in a neck brace and laughed at me. Nice. Bottom line: prior to my final written notice I always had stellar reviews and increases and promotions and I got a raise three months prior to this notice. I am now 'out' of the company and believe I have been fired, but they haven't the grapes to formally tell me.
"I left on stress leave in December 2008 and got paid benefits exactly one year later. I'm still getting workers' comp but there has been no communication from the company. In fact, I hired a workers' comp attorney in February 2009, who took the company to court because they wouldn't pay my benefits. My case went to court in December and the judge immediately ordered the company to pay my benefits. But I didn't get any back pay??"we are going back to court for that."
The California Government's Department of Industrial Relations states: "An employee or job applicant alleging retaliation or discrimination in violation of any law under the jurisdiction of the Labor Commissioner must file a complaint with the DLSE within six months of the adverse action. Adverse actions include unlawful discharge, demotion, suspension, reduction in pay or hours, refusal to hire or promote, etc."
California Labor Law Violations—Triple Whammy
Daniel has an exemplary employment record: he worked as a police officer for 10 years before changing careers??"he went to nursing school, graduated at the top of his class and got a job at a California medical center as a clinical review nurse.
He worked for a 18 months at Blue Shield as an Appeals and Grievance nurse. "At that time the department was first setting up and I was the 'go-to' man," says Daniel. " I received bonus awards and other department heads said I was excelling at my work. I did so well that the director asked if I would move into the quality department and do investigative work??"for members who had complaints against their doctors for quality of care, who were denied certain kinds of care, etc.
I had many responsibilities and I loved my work, until we had a management change. The new manager didn't like my work. I was constantly harassed by her and got depressed; I went on medical leave and eventually lost my job. Meanwhile I discovered that I wasn't getting paid the same amount of pay as my co-workers; they were also receiving fringe benefits that I wasn't getting such as a flexible work schedule.
We were all exempt and they were trying to put me on a schedule. As an exempt employee we were allowed certain freedoms that the hourly employees were not entitled to. As well, my female co-worker was new and inexperienced and was getting paid a lot more than me, and I trained her.
I think I was discriminated against because I am gay or it could be because I am male. For example, this new medical director called me into her office one day and said, 'You are challenged'. I assumed she meant knowledgably challenged in my work. She also said I didn't know how to write and that I was constantly late with my work. Nothing could have been further from the truth. This was very shocking and demoralizing.
She treated me like this constantly. I put up with her abuse for almost a year but my mental state was getting worse, to the point where I was dreading coming in to work--I had no choice, I needed my paycheck and I wasn't in the right head space to find another job.
I also reported the director to HR. They told her to give me the opportunity to take time off and do a performance improvement revue of my work. That got her even angrier and one day I just had a breakdown at work.
My unit manager and medical director called me into her office: they told me that my work was insufficient and they didn't like anything I did. I had a panic attack. I went back to my desk and couldn't breathe; then I got up, walked out the door and didn't return.
This happened at the beginning of 2008; I also filed with the EEOC; they sent a letter to Blue Shield saying the company has been charged with discrimination, retaliation and violation of the FLSA act. So far nothing has happened with government agencies so I decided to seek legal help.
I got another job six months later as the manager of quality management at the AIDS Health Care foundation. I didn't have any employees to supervise, it was essentially a title, but I was exempt so I was paid a salary. I worked almost every weekend and evenings??"in excess of 60 hours a week.
I started to get sick and depressed again??"I got the same symptoms back. I asked my supervisor for 2 days off but she denied me and stated, 'We don't owe you a living'. I am the hardest worker they had, I just don't get it. So I resigned.
I started this job at the end of April last year and worked until the beginning of February 2009; during that entire time there were only 4 weekends that I didn't work, so they owe me a substantial amount of overtime. I was the only person in this department so I had nobody to supervise. Why was I classified as exempt? I believe it was to avoid paying overtime."
Daniel has really been through the wringer with these two jobs. He is currently unemployed and in debt but looking for work in managed care or sales. And he is seeking legal help rather than wait for federal agencies to deal with these three California Labor Law violations.
California Labor Law, Discrimination and Permatemps
"For the first 6 months I was temporarily employed, I didn't get any benefits at all, just a salary for the days worked," says Sagun. " After 6 months I asked my supervisor about my employment status??"I was worried about future work??"and she told me that I would get paid as a temp until I was hired full-time, which would happen within a year.
Instead, I didn't get any full-time job offers from that company but after the year I was offered a job in another department, same company. My supervisors and the head of the department asked me not to transfer because they said they needed me and I was going to get full time status immediately. It was also discussed with the director of HR. I did not accept the offer to transfer because I was asked to stay in my old position. But they didn't hire me full time??"and I don't think they had any intention of doing so.
I worked as a permatemp for two years and two months, without any benefits. I didn't have health insurance; I never received vacation pay and I never received sick pay or 401K. As well, someone else in the company was in the same situation??"he was from China??"but he eventually got full time after working there for about two years.
The promise they made to hire me full-time was a verbal offer; they said if I agreed, they would write up a contract. My complaint is that I was kept as a temp employee for two years and during this time they hired about 6 other scientists, all Americans. I believe I was discriminated against because of my race??"I am East Indian. I became a US citizen in December 2006 but it didn't seem to make any difference. I was fired July 17th, 2008 without any reason. They just said my temporary employment had ended.
I have two complaints: the permatemp problem and the discrimination issue. I filed a complaint with the California Labor Board but they asked me to contact the Fair Employment and Housing department because the labor board doesn't handle racial discrimination cases. Instead I contacted a lawyer and I am in the process of gathering all my documents including my initial offer from the company, my performance reviews and my stock options--which they offered in March, 2008. I signed the stock option papers but I don't understand how I can get stock options when I was a temp.
My lawyer is currently reviewing everything and will get back to me. I am hopeful that if I qualify for a lawsuit, I can get compensated for all the benefits I was denied for more than two years."
Permatemp lawsuits
Sagun and countless other people like him are often hired by companies as "permatemps" to avoid paying them health benefits. But is Sagun's employer breaking the law by keeping him as a temp for more than two years?
If the employer is looking to class people as "temporary," in order to avoid paying benefits or compensation, yet otherwise treats the employees as full time employees, they may be in violation of the California labor law.
Sagun's issue reflects the most abusive permatemp employment situation-- when a worker classified as temporary works alongside regular employees doing similar work for a long period, usually without comparable benefits. By claiming the employee as temporary, the employer avoids paying for benefits and possibly pays a lower hourly wage. The employer can also benefit because it has no direct responsibility to the employee. Permatemp employees such as Sagun can be fired or laid off at any time, as they have no career service protection or seniority. Add to that the possibility of racial discrimination…
Clearly, Sagun was exploited by being denied the wages, benefits, and employment rights enjoyed by other employees. He likely has a case against his employer: class action lawsuits have been decided against similar companies that generally involve violation of ordinances or rules limiting the length of service of such workers. Two California labor law cases address the issues of public employees who were improperly considered "temporary" when they were actually employed as regular, permanent employees. The class action lawsuits involve the Los Angeles County Fire Department and the employment practices of the Metropolitan Water District.
And in October 2004 an opinion from the US Department of Labor said "many temps can be counted as part of the employer's workforce in deciding if the Family Medical Leave Act (FMLA) applies to that employer." The opinion says "routine temps," who have a "continuing relationship" to the employer should be counted in determining whether the employer has the minimum 50 employees necessary to qualify for the FMLA: Sagun clearly qualifies.
California Labor Law: Pause for Pregnancy
"Since I told my boss I am pregnant, he has threatened to fire me," says Clarety S. "I bartend at a private restaurant and everything was great up until now. He says I am not performing and if I get another write-up I will be fired." Clarety says the boss's wife has harassed her, "being rude and talking about me behind my back." Further into her pregnancy, Clarety became a bit limited in what she could do and the boss got madder. "I would try to sit with the servers and help fold napkins during my free time, just to help out and stay working but he would tell me to get up and go clean the bar. He got upset when we were setting up for a private party because I couldn't do heavy lifting." Clarety has numerous incidents documented such as this one…
Clarety was written up for not doing her duty. When she refused to do any heavy lifting, her boss said she was on "thin ice" and all she needed was three more write-ups then she would get her pink slip "and I would be out the door," she adds. "Then he told me he didn't care that I'm pregnant because if I have four write-ups I can get fired without having to worry about California labor laws. I feel like they are just trying to get me out the door so they don't have to worry about my maternity leave and hiring me back after I have the baby."
"The Christian school that I work for is terminating me because I am pregnant and unmarried," says Felicia G. "They claim that my pregnancy goes against my commitment as a Christian. "I have always received great reviews each year for my work performance at the school but now, the school official is requesting I sign a letter of mutual agreement of my termination. It offers me a $2,000 severance payment and payment of my health benefits (COBRA) until the end of my pregnancy. Due to this situation, I am under a lot of stress." Felicia wants to know if this termination is legal and whether she has to sign the termination letter even though she does not agree with their decision.
"The rise in pregnancy-related cases is part of a rise in motherhood cases," said law professor Joan Williams, director of the Hastings Center on WorkLife Law at the University of California. "Motherhood is a key trigger for gender discrimination," she said. And a reason for an increase in lawsuits is because times have changed: just a few decades ago, women felt privileged to be in the workforce, whereas today, women believe it is their entitlement, just as they are entitled to be good mothers. "When employers penalize them for getting pregnant or having children, young women tend to say, 'Hey, that's sex discrimination' and they are more likely to sue," says Williams.
A few examples:
In August 2007 the Fresno Bee reported that Radio personality Athena Matsikas filed a lawsuit against KHGE, FM 102.1, the local radio station where she served as a morning on-air personality since March 2006. The station fired Matsikas when she was eight months pregnant. Matsikas' lawsuit, filed July 27 in Superior Court in Fresno, alleges sex harassment; pregnancy discrimination; failure to maintain an environment free from harassment; negligent supervision, hiring and retention; wrongful termination in violation of public policy; sexual battery; intentional infliction of emotional distress; negligent infliction of emotional distress; and retaliation. The Bee reported that, "according to Matsikas, the station offered her a three-month severance package and an extension of her insurance if she signed an agreement not to take legal action against the station. Matsikas says she didn't sign it."
A few months later, a separate lawsuit was filed against the news and financial services company Bloomberg, alleging the company demoted and reduced the pay of female employees after they announced their pregnancies and after they took maternity leaves. The EEOC said some women were replaced by more junior male employees. The lawsuit also alleges that the same pregnant women and new mothers were excluded from management meetings.
And In November 2007, Kaiser Foundation Health Plan agreed to pay $180,000 to a labor and delivery nurse to settle a lawsuit that claimed the woman's promotion was rescinded after she disclosed her pregnancy. The EEOC said two weeks before starting her new job??"a transfer from California to Maui--Margaret McIlroy disclosed her pregnancy and in less than 24 hours, she was told the offer had been withdrawn. McIlroy, who was 44 at the time, eventually lost her job. She and Kaiser also entered into a separate confidential agreement to settle her non-civil rights claims.
If you believe your employer has violated the California Labor law due to pregnancy discrimination, you must file a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the violation, in order to be able to file a lawsuit under the California Family Rights Act (in addition to the federal Family and Medical Leave Act). Or you can retain a lawyer and file a lawsuit yourself.
It is very important that you find out about California's state filing deadline so you may want to call a lawyer to find out what you need to do and when.
California Labor Law: A Double Dose of Discrimination
In June 2007 Patricia was hired as a receptionist for a large office building. She had to start on a Tuesday because she replaced Anne, the receptionist who was fired on Monday.
"I worked for this company until January 11," says Patricia. "I helped plan their opening grand ceremony in July and planned the entire Christmas party for 200 staff by myself." In other words, Patricia was a hard and loyal worker and there was no reason to fire her based on performance.
"In November, Anne was hired back as a sales manager but she didn't have any sales experience," Patricia adds. "Then on January 11, the owner of the building walked up to me with check in hand??"he paid me until the end of January but told me to pack up my desk and leave. The reason he gave was 'financial constraints on the company'.
Stay with me here: This owner also owned a storage company in the same building and Anne was helping the storage office manager out because he had fired an employee. Why wasn't she working as a sales manager? I soon found out…
I was fired on Friday and I found out on Monday that Anne's sister was hired for the storage office and they put Anne at my desk. The part that annoys me is that I am short and overweight. Anne is tall, young and thin. I am 52 and Anne is about 28. And the storage office manager is Anne's brother so now they have hired three family members. But my complaint is that they lied to me and I have been discriminated against. They can pay Anne my receptionist job so why couldn't they pay me?
Until the first part of April, 2008 I was unemployed and it was a financial blow. Unemployment benefits only paid about half of my regular wages. I was filing applications online on countless sites, looking for a receptionist position but couldn't find anything. Then in early April I got a call from American Income Life (AIL) insurance company to come in for an interview. When I got a call for this position, to sell life insurance, I was a bit dubious because I don't consider myself a good salesperson??"I am not a pushy person and to me that is what sales is all about. But I needed a job.
I had an initial outlay of $400 for the test, book materials and school and then it took about six weeks until I got my insurance license. Since the end of May of this year until now I have made less than $4,000. I didn't qualify for the unemployment extension so I was cut off. I still have a chance to appeal but now I had this job, however miniscule the pay. I only made one sale last week.
My manager at AIL told me I was dragging her numbers down and I had to make a minimum amount of sales for the week. I couldn't make that target and she said I had to turn in a minimum of $1,000 annual life premiums or hand in my resignation--nice environment to work in. I wasn't told that I had to make these targets when I was hired, before I shelled out $400. She is the kind of manager who focuses on those salespeople making money and treats others like dirt.
It's been a hard blow on my self-esteem, this double discrimination whammy. Physically it has taken its toll--I have gained weight due to stress eating. And I am exhausted. When I worked for AIL I was putting in an average of eight hours a day, seven days a week, plus I had to drive everywhere. I would call people and set up appointments and pay for my own gas??"about $150 per week in gas money??"that was supposed to be deducted at the end of the year. I kept the receipts for tax purposes but don't know if I will get paid from AIL. Of course I was let go…
The job I have now is strictly at a desk but I have insomnia, I think it is because of dealing with discrimination. I tried to contact the California labor board but I can't get hold of a real person. Its website states there is a six-month statute of limitations on being fired for discriminatory reasons. I filed outside that limit??"so now my next step is to seek legal help."
California Labor Law: No Promotion Spells Discrimination
Being promised a promotion and then overlooked six times has taken its toll on Alice. Not only has she suffered from anxiety and depression, she has also suffered physically. "I've been living with chronic stomach pains and debilitating fatigue," she says, all of which were documented by her physician. And no wonder: for the past two years, Alice has also been harassed and humiliated by co-workers and her manager. When she complained to the HR manager, Alice was told that she might want to consider "finding someplace else to work."
In 2006 Alice was hired as a sales representative for a start up Internet company. "I was the fourth sales rep hired and we had this great, diverse team," says Alice. "It was exciting and I learned a lot; it was a very progressive company."
Fast forward one year. "My boss, who was phenomenal, finally quit. She had so much pressure because she was a lesbian: someone at work Googled her name and pulled up some background information. They found out that she was involved in a lawsuit years ago??"she was suing the company for wrongful dismissal and now she was being forced to quit. She was the best boss I ever had and interestingly, the only female in a managerial position??"there are about 200 or 250 employees in this company and I think that really says something…
They treated her so badly; she wasn't involved in any decisions and was given more than the cold shoulder. And they brought in a younger white male to replace her??"seems like a pattern here because I was treated the same way.
Her quotas were exceeded every month; she did above and beyond what she was asked to do. At this time I was an account manager and ready to be promoted to a higher sales position. When I pursued it, the VP said I should stay in my role for a few months until the new director was acclimated.
So I waited.
The new guy promoted two younger white males ahead of me. Then a third white male was hired: all three had less experience than me and poor performance records. I excelled in my job and there was no reason not to get promoted. In retrospect I am a little naïve because I kept thinking that my turn was coming. Meanwhile, the new director and I were not getting along. I had to change my work hours to suit his schedule and he treated me like his assistant.
I guess it all came to a head when we had a meeting one day and the new director referred to me as 'Mmmhmmm girlfriend,' and snapped his fingers. He was treating me like I was from the ghetto, like a second-class citizen. He doesn't say that to white girls. I went to HR about it and filed a complaint.
A few days later the HR manager called me into his office and said if I was unhappy I should work somewhere else. 'You have a new boss now and I think you are giving him a hard time because you miss J (who quit).' I was so stressed out that I ran to the bathroom and threw up. Plus I was having anxiety attacks. My doctor advised me to leave my job but I thought my doctor didn't understand--the guys on the team still needed me and I wanted to be there for them.
Next morning at 8am, the new director made us chant, 'I am a believer.' It was humiliating, like some tacky evangelist. I'd break out in a sweat; I would freak out having to do this. Everybody else felt like me, nobody wanted to do it.
I couldn't take it anymore. I went to the CRO (corporate revenue officer) and he promised to make some changes but three months go by and no change. Instead, I was ostracized.
A position was posted on the website looking for a sales person. I told the VP I was going to apply but he told me not to??"they weren't hiring for another 90 days. I applied anyway. One week later a new rep was hired: wait for it??"a young, white male.
Two more males were hired ahead of me. It was a repetitive pattern??"the same treatment as J. I filed a complaint with the equal opportunity commission (EOC) which is tied to the civil rights act and I told the VP that I was being overlooked for promotion. I sent the VP an email saying: ' I know you aren't hiring based on experience, Is it because I am a woman?
'We aren't passing you over because you are black,' she replied. I had never even mentioned the color of my skin. She wanted me to rescind the complaint.
And here is another slap in the face: I made the largest monetary deal in the company, ever. They decide to have an award ceremony every month. The guy who brought in $30,000 got a trophy and my deal was $1.7 million. I didn't even get a Timex watch.
It was time for me to go. Since leaving my health has improved, no more nightmares, no night sweats. Even though I haven't found another position yet, my self-esteem is back.
I want them to admit they were wrong. I was the only African-American female not in a subordinate position: this is LA, it's a melting pot. Obviously they had a preference for young white males."
California Labor Law: Caution: Pregnant Women at Work
"Nancy was a few months pregnant and didn't want to be around all those fumes every night, plus she has asthma," says her husband Jorge. "She talked to her employers about it but they threw a fit so she brought them a doctor's note. They got even madder, saying it wasn't a real note and they were going to phone her doctor. Then they started telling other employees not to get pregnant like Nancy, just to try to get out of work."
Nancy was a shift manager and had never missed work, neither had she taken any sick leave. Her immediate boss treated her like a five-year-old and used tactics that a grade-school teacher in the past century might resort to. "On Sunday night he wrote in the log book that everything went well and nobody was harmed by fumes, just to ridicule Nancy," says Jorge. "He was definitely out to get her. He started telling people that he had 'a firing list and Nancy is on top.' As soon as Nancy told them she was pregnant, they were jerks to her."
"So we told the manager if this keeps up we would find a way to resolve the problem. Nancy wrote them a letter saying she was being discriminated against but they didn't do anything about it. Then she wrote an official letter to the main manager and he had to show it to the district manager. We don't know what happened behind the scenes but they sure changed their tune within a few days of receiving the letter." Nancy will soon be taking maternity leave and has been promised her job when she returns.
Tiffany was a certified trainer for El Torrito's and had worked there for just over a year when a new manager came on board. "As soon as the new manager found out I was pregnant, she became very nasty to me," says Tiffany," and fired me two weeks later."
The excuse the new manager used to get rid of Tiffany was an altercation that occurred between Tiffany and Odie, another server. "Odie started yelling at me so I told him to stop acting like an asshole," says Tiffany. Three co-workers witnessed the argument and heard everything Tiffany said. "I continued working in my section then when I got an order, I overheard Odie tell another manager that I called him a 'faggot'. I never said that.
Two supervisors told me just to ignore him and I worked for the next few days; I just brushed it off. I took Sunday off and I was scheduled to work Monday, but the new manager phoned and told me I was under investigation because I called Odie a 'faggot'. I told her my side of the story and that I had witnesses. That word has never come out of my mouth; I have many gay friends and I would never use this derogatory term.
So I decided to be sneaky. I called the hostess and asked if Odie was working. He was. A few days went by and I called work and asked what was going on. Nothing. Then I phoned corporate office. But Odie had also called corporate office and told his side of the story. They didn't believe me.
On Wednesday the manager told me to come in and bring my uniform. 'I am sorry, we have to let you go, here is your last pay check in cash,' she said. I started crying--I have never been fired from a job in my life. I couldn't believe it. My co-workers, the witnesses, are willing to vouch for me, but they were never asked to come forward, they were never questioned.
Right after I was fired, one of the witnesses told them she was pregnant??"she was fired as well.
I am petite and I was showing at almost five months. There was no way I could find another job. I applied to several places but who is going to hire a pregnant woman? I was on unemployment for about three months and after it ran out they wanted me to get on disability. My husband has a good job so I didn't apply.
I should have been given six weeks maternity leave from El Torrito's. I can't think of any reason to be fired other than the fact that they didn't want me to take time off. You would think they would have investigated. Instead they lied and didn't conduct any investigation. I went to the labor board and they said that since I worked for an at-will employer, I could be fired at any time. But I was wrongfully discriminated against so I believe I have a case??"my employer violated the California labor law."
Generally, if the plaintiff can establish she was discriminated against for being pregnant, the settlement value of the case is there. Who is going to say no to a pregnant woman? A pregnant woman should have a lot of leniency.
However, if you are pregnant and employed by a small business, you need to be careful regarding how you request limitations. Too often, when a pregnant woman begins to show, she is either terminated when she announces her limitations as prescribed by her doctor or expressed by her (as in Nancy's case when she didn't want to be around toxic fumes).
Larger companies have large HR departments and attorneys, and generally they are more sophisticated about pregnancies.
The California Fair Employment and Housing Act states that:
It explicitly prohibits employers from harassing, demoting, terminating, or otherwise discriminating against any employee for becoming pregnant, or for requesting or taking pregnancy leave. The Act applies to all employers that regularly employed five or more full-time employees in the preceding year.
The California Pregnancy Disability Leave Law ("PDLL") is part of the California Fair Employment and Housing Act, and requires employers who employ 5 or more employees to provide employees who are disabled by their pregnancy a reasonable period of leave, not to exceed four months. An employee who is disabled by her pregnancy and entitled to PDLL leave may take the leave all at once, or in increments. An employer is not required to pay wages to an employee taking PDLL leave, unless it has a policy of continuing the payment of wages for other types of temporary disability leaves.
However, the employer may require the pregnant employee to use, or the employee may elect to use, any accrued sick leave during the period of leave. For most purposes, employees who are on pregnancy disability leave must be treated the same as employees on other types of disability leave in terms of pay, benefits and other terms and conditions of employment. There is no length of service requirement, so even recently hired employees are eligible for this leave.
In addition, in California, once the employee has given birth she may be entitled to an additional 12-weeks of leave "for the reason of the birth of a child" under the California Family Rights Act ("CFRA"), which is California's version of the FMLA. Entitlement to CFRA leave for birth of a child depends on, 1) whether the employer employs more than 50 employees within a seventy five mile radius; and 2) Whether the employee worked more than 1250 hours in the 12 months preceding the first day of the requested CFRA leave or any pregnancy disability leave; and 3) Whether the employee has more than one year of service with the employer.
If you have been discriminated against on the basis of pregnancy, you may be entitled to recover damages for emotional distress, lost wages, and more.
California Labor Law: Discriminated Against and Dismissed
"Getting fired really surprised me, we were all getting along at work," says Violeta. She worked for three years as a senior cook in the food services department for the Navy, Army and Marines. Everything was fine until two months ago when she got a new boss.
"I basically run the kitchen, especially when the manager is not there," she says. Which means that she has to give orders. "The boss cut back everyone's hours back except mine," she says. "They were working less than 30 hours a week and I continued to work 40 hours. This created a lot of tension and resentment. My co-workers filed complaints about me and one boy said that I pushed him. Another assistant said that I harassed them-but I was just telling them what to do??"that is my job.
After I explained everything to Rick, my boss, and I wrote everything down, he talked to the people who complained. The next day, Rick told me that this boy was on probation.
The following week, my boss said that he got another complaint and had to suspend me. After three days, he called me at home at 8.30am and asked me to come in at 10.30. 'Am I going to wear my uniform', I asked. 'No', he said. I was very worried about the outcome and asked my aunt to come with me. My boss and one of the cooks were waiting for me outside in the parking lot. He handed me my jacket and termination papers. No check.
'For the good of the company, I have to let you go,' he said. That was all. I was so shocked that I couldn't reply. He wanted me to sign the termination papers but my aunt told me not to sign anything.
He told me to bring my uniform back and call Rosa at HR in Los Angeles to determine how many hours I worked. Instead I went to the labor board and they said I don't have to call HR. Besides, it is long distance. The labor board tole me that my boss was supposed to have my check ready when I was terminated. The labor board said they would take care of it--that was May 5, 2008.
I think Rick fired me because he is bringing in new staff from his last restaurant job, such as the boy who said I kicked him (he was recently hired). I worked at this company for three years and I don't deserve this treatment. The soldiers even wrote me letters saying how hard I worked??"I kept the letters. I am owed more than $2,500: two weeks work and one year's vacation pay.
Meanwhile, I am trying to find work. I have missed a mortgage payment and now I am afraid that I might lose my house. I don't have medical insurance and have high blood pressure; getting fired has made me desperate. My aunt and I wrote to the labor commission and the governor, saying that I was wrongfully terminated and that they treated me like a criminal. Why did they fire me in the parking lot? I am so upset."
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