Kaiser Faces Retaliation Lawsuit

San Bernardino, CA Kaiser faces a California labor lawsuit filed on behalf of two women who allege they were fired in violation of California labor laws and federal labor laws. The complaint against Kaiser involves allegations of wrongful termination, discrimination and retaliation under California state labor laws.

According to the lawsuit (case number CIVDS1311690), the two plaintiffs were employed by Kaiser at the Kaiser Permanente Fontana Medical Center in their Environment Services (housekeeping) department, and when the department was outsourced to Xanitos in August 2010, began taking direction from both Kaiser and Xanitos.

The first plaintiff, Leah Wilbur, began working for Kaiser in 1999, and in 2011, reported injuries sustained as a result of using poorly designed carts that were brought into use by Xanitos. After filing a workers’ compensation claim and speaking with other employees about her injury, Wilbur was allegedly approached by a manger and warned to never speak of her injuries to anyone. Furthermore, when meetings were held to improve working conditions at the Kaiser facility where Wilbur was employed, complaints brought to the meeting were allegedly ignored by managers.

The lawsuit also notes an incident in which sewage flooded a basement in the medical center. Wilbur alleges she and other employees were told to clean up the spill - which included “raw sewage and other bodily fluids” - with blankets and other available material, but with no protective gear. Wilbur complained and a hazardous material cleaning company was brought in to finish the cleanup. On June 13, 2013, Wilbur allegedly brought up issues about having safety gear such as gloves and goggles on site for such occurrences. On June 14, 2012, Wilbur was placed on suspension and then fired on June 22, 2012.

The second plaintiff, Sandra Purnell, began working for Kaiser in 1996. She also reportedly complained to management about poorly designed carts. In 2011, she filed a workers’ compensation claim due to injuries resulting from using the cart, but was not allowed accommodations so that she could use a smaller cart. She complained about rooms not being properly cleaned because employees were not allowed to use proper tools to clean the walls. Purnell also alleges she was written up for absences that had already been excused. Finally, she alleges that she complained repeatedly about actions on the part of co-workers and management that resulted in employees being exposed to hazardous working conditions.

The lawsuit alleges Kaiser and Xanitos discriminated against Wilbur and Purnell because they were disabled employees who were qualified to perform their duties but were subject to “adverse employment action by Kaiser and Xanitos, including failure to provide reasonable accommodations for their disability.” It also alleges retaliation for engaging in an activity that is protected under California’s Fair Employment and Housing Act. Finally, the lawsuit alleges wrongful termination.