Tesla, Inc. Faces Racial Discrimination Suit Plus Retaliation Allegations

A 44-year old African American man out of Oakland, California, DeWitt Lambert, claims he experienced harassment and discrimination while he was employed as an assembly line worker in a Tesla factory in Fremont, California. The original suit was based on racial discrimination as well as a long list of claims of California state labor law violations, but more recently, the plaintiff added an additional charge to the allegations: retaliation.

Lambert claims that management at Tesla ignored his complaints while allowing co-workers to taunt him at work with the “N-word” as well as other obvious racial slurs. Lambert also alleges that Tesla put him on administrative leave in March of 2017. This occurred right after the media published news that he filed a lawsuit.

In addition to the original problem, Lambert’s attorney has noted that Tesla is not providing him with sufficient payment for en employee placed on administrative leave. This after they announced publicly that they were placing on such. Lambert’s attorney noted that he is actually only receiving approximately ¼ of the amount he was receiving prior to filing the California lawsuit and being placed on administrative leave by the company. Typically, an employee on administrative leave receives the same pay that they received while on the job. This drastic “pay cut” led to the additional charge of retaliation.

An electrician by trade, Lambert moved to California in 2012 from his previous home in Alabama. When he landed the job at Tesla’s Fremont, California plant in April 2016, it was his dream job. He worked on the Tesla S model. According to court documents, harassing behavior became routine almost immediately. The harassment came from four male colleagues, all in their 20s. The harassing behavior included: filling Lambert’s pockets with nuts and screws, repeatedly using the “N-word,” inappropriate comments about Lambert’s penis, repeated theft of his phone with video messages left behind upon return, threats to his family, and even a physical assault during which one of the men placed a drill gun in Lambert’s buttocks while the other men watched.

A transcript of a recording made in October 2015 of the harassing behavior was included in the state of claim. The recording was made on Lambert’s iPhone and the following was pulled from the recording, “Nigger, we take your ass home, nigger. Shred you up in pieces, nigger. Cut you up, nigger. Send your ass so everyone in your family so everybody can have a piece of you, nigger. Straight up, nigger. We get down like that, nigger.”

Lambert went on record in a press release published in March of 2017 saying that when he started work at Tesla he was the “happiest” he had ever been. This feeling was followed by experiencing discrimination worse than any he had been exposed to while growing up in Alabama. He stated that the behavior he experienced on the job left him scared for his safety when it was time to leave the plant and head home. He requested help from management at the Tesla plant, but none was offered.

If you fear workplace retaliation or if you are experiencing a negative workplace environment, harassment or discrimination in the workplace, please get in touch with an experienced California employment law attorney at Blumenthal, Nordrehaug & Bhowmik.

According to a 2015 Study, Women in Forest Service Face Assault & Retaliation

In a recently released study or “workplace environment assessment” of the Pacific Southwest Region obtained under the Freedom of Information Act, it is reported that women in the Forest Service industry working in California reported enduring sexual misconduct, harassment and fear of retaliation if they voiced complaints. General satisfaction with the workplace was voiced by many employees, but the 2015 survey indicates that there is a clear difference when responses are considered by gender. Women were significantly more likely to identify serious problems.

The grievances covered in the study ranged widely from misdeeds to mismanagement, but they did seem reminiscent of complaints lodged by women in the military and other general federal agencies. Some notable concerns included: inappropriate behavior from supervisors on the job, derogatory or patronizing attitudes towards women on the job, a lack of accountability when issues arise, a lack of respect towards subordinates, etc.

One conclusion noted in the study was that a male-dominated workforce can lead to a number of negative consequences for women in the field.

The report was commissioned by the Forest Service. It was prepared by a consulting firm, ICF International, and provided to McClatchy on May 18th after a December 1st FOIA request. The report falls in line with other, similar investigations conducted by congressional committee as well as the Interior Department’s Office of Inspector General. All the sources identified similar “management missteps” and alleged mistreatment of women on the job in the National Park Services. Some view it as an exposure of a systemic problem in the government’s public lands departments and agencies. It was indicated that remote locations where a separate code of conduct for providing discipline is seen as acceptable might have contributed to the problem.

Members of the Congressional Caucus on Women’s Issues hoped to have a hearing later in 2017 regarding the National park Service and Forest Service workforce controversies.

If you have questions about workplace retaliation or if you experience sexual harassment in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Discrimination Lawsuit Filed by Terminated IT Workers

The University of California is facing a potential lawsuit due to a group of IT workers who were replaced by an offshore outsourcing firm. The former IT workers allege age and national origin discrimination and hope to challenge their dismissal. The tech workers claim that they were victims of age and national origin discrimination due to the university’s San Francisco campus’ decision to dismiss them in favor of outsourcing the work.

The IT workers lost their jobs in February after the university hired an India based IT services firm called HCL. Due to this decision, approximately 50 full time university employees lost their employment. Another 30 long-term contractor positions were also cut. While replacing IT workers with offshore labor is common enough in the private sector, it is almost unheard of at this type of state-supported, public facility.

The university is facing even more criticism due to the fact that the workforce under discussion is overwhelmingly over the age of 40 and they are being replaced by individuals mainly in their early 20’s. Due to this fact, age discrimination will be included in the list of allegations.

Another claim that will be included is the national origin discrimination claim. This is the result of taking a workforce that is an accurate reflection of the diversity in California’s general population and replacing them with a group of people that are all from one particular part of the world – a very limited geographical area.

While there have only been a few civil cases alleging national origin discrimination in offshore outsourcing, interest is increasing as the situation proceeds and the issue itself seems to be gaining a foothold that could bode well for the plaintiffs and others in similar situations. The lawsuit will be filed in Alameda County Superior Court.

If you need to discuss age discrimination in your workplace or if you have been wrongfully terminated, please contact an experienced California employment law attorney at Blumenthal, Nordrehaug & Bhowmik today.

Disabled Worker Files Discrimination Charges Against Citizens of Humanity

Noe Abarca, a 61-year old employee who formerly worked for Citizens of Humanity, recently won a major verdict. While the court case took over three weeks to argue, in the end he was awarded $650,000 in compensatory and punitive damages by a Los Angeles County Superior Court jury.

Noe Abarca felt he was wrongfully dismissed after a shoulder injury limited his ability to work. Prior to the injury, Abarca worked for six years at minimum wage as a quality control inspector for the well-known blue jeans label. In the jury’s opinion, Abarca was treated with malice, fraud and oppression. Plaintiff’s counsel indicates that this can be viewed as a message to employers on how to treat their employees.

According to court documents, Abarca was hired to work for Citizens of Humanity in 2006. Approximately three years later, he started to feel pain in his chest/shoulders. This made it difficult for him to lift items. Eventually, he saw a doctor who issued a restriction that Abarca not lift anything over 20 pounds. In response, Citizens of Humanity brought in another employee to handle Abarca’s loading and distribution duties and advised him to only inspect merchandise. The day after Abarca’s lifting restrictions ended, he was still feeling pain. He was fired.

Abarca’s case alleges retaliation, failure to provide reasonable accommodation and disability discrimination. The court ruled that Citizens of Humanity’s HR director was fraudulent in statements pertaining to worker’s compensation upon learning of Abarca’s injury originally as well as on the day he was terminated.

If you feel that you have been wrongfully terminated or otherwise unfairly treated on the job, please get in touch with one o the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

California Supreme Court Limits Rights to Jury Trial for Whistleblower Claims in Health Care

California Health and Safety Code section 1278.5(g) protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care and conditions. Recently, the California Supreme Court held that it does not go so far as to provide a right to a jury trial. Claims brought under Section 1278.5(g) do not entitle the parties to a jury trial, but this does not prevent a jury trial on a related claim for wrongful termination that is in violation of public policy.

Consider Shaw v. Superior Court (THC-Orange County, Inc.), Case No. S221530:

In considering Shaw v. Superior Court on April 10, 2017, The California Supreme Court decided that an employee seeking damages for alleged whistleblower retaliation under the law noted above did not have the right to a jury trial. In the case, a Human Resources Coordinator filed a lawsuit against their former employer, a hospital, alleging that she was wrongfully terminated. She claimed that she was fired in retaliation for complaining that the hospital employed unlicensed and/or uncertified health care professionals who did not appropriately complete competencies as required.

She asserted a second cause of action for wrongful termination in violation of public policy seeking an array of damages: compensatory and emotional distress damages, front pay, back pay, lost benefits, lost bonuses, punitive and exemplary damages, prejudgment interest, attorneys’ fees, costs and civil penalties, etc. While the lower courts denied requests for a jury trial, the Court of Appeal reversed, determining that the employee could file a petition for an extraordinary writ seeking appellate review of the trial court’s order without waiting until after the trial on appeal to contest the denial. 

They also ruled that Section 1278.5(g) does not afford a right to a jury trial. As the issue is not expressly addressed in the statute, the Court considered statutory language alongside legislative history reasoning that the court and not a jury must rule on this claim due to the statute expressly providing specific remedies. These specified remedies include: reinstatement, reimbursement of lost wages and benefits and legal costs. These are equitable remedies traditionally decided by a court and others deemed “warranted” by a court. Additionally, legislative history of the statute, specifically amendments made in 2007 allowing courts to fashion other remedies as needed to cover the full spectrum of harm endured by non-employee claimants, indicated the need for a court’s decision.

Despite not being entitled to a jury trial on the Section 1278.5(g) claim, the employee could still seek a jury trial under the Tameny claim based on public policies. The trial court would need to hear both claims side by side and allow the jury to decide the Tameny claim and then the court would determine remaining issues.

While this decision means that employees can get around the absence of a jury trial under Section 1278.5(g) simply through a second Tameny claim based on the same public policies, some remedies would be unavailable. When using a Tameny claim, attorneys’ fees and civil penalties are not available. And in some instances, this type of claim may not be applicable depending upon the plaintiff/defendant relationship.

If you have questions or concerns regarding a potential workplace retaliation situation and you need the assistance of an experienced California employment law attorney, please get in touch with us at Blumenthal, Nordrehaug & Bhowmik.

Derrel’s Mini Storage Settles California Discrimination Lawsuit

A Fresno based self storage facility named Derrel’s Mini Storage, Inc. recently settled an employment and housing discrimination case with the California Department of Fair Employment and Housing (DFEH). Charlyn Foote, a former employee, was pregnant when she along with her husband, Kyle Foote, agreed to be resident managers at the company’s Bakersfield, California site. The case brought against Derrel’s Mini Storage was based on the policies applicable to facility managers, specifically, the fact that the policy in place when the Footes were employed and in residence would have banned their baby from housing during hours of operation and on weekends.

California State mandated that the policy violated the Fair Employment and Housing Act (FEHA), designed to protect the rights of Californians seeking, obtaining and holding housing, free of discrimination due to familial status and to seek, obtain, and hold employment without discrimination based on sex. Derrel’s responded to these assertions with arguments that the FEHA doesn’t apply when housing is employer-provided and issued as a condition of employment. They also presented business justifications for the policy. Mediation was attempted unsuccessfully and the DFEH filed suit.

Recently, the state announced the case had reached a settlement. Under the terms of the settlement agreement, Derrel’s Mini Storage has agreed to revise the policies in question that regulate onsite housing provided for facility managers. The new policies would be designed to ensure that facility managers could safely work and live on site with their families.

This case is important as it confirms that the FEHA extends throughout all California housing – including housing that is provided to employees as a condition of employment.

If you have questions about whether or not the terms of your employment are discriminatory or if you are experiencing discrimination in the workplace, please get in touch with one of the experienced California employment attorneys at Blumenthal, Nordrehaug & Bhowmik.

Sedgwick Partner Sued Firm: Gender Bias Case Nears Settlement

Traci Ribeiro, a nonequity partner from Sedgwick LLP’s Chicago office, sued the firm alleging that she and other female lawyers at the firm were being short-changed. Recent updates in the case indicate they may be nearing a settlement deal. Ribeiro first proposed class action citing accusations that the firm’s all-male leadership team routinely denies female attorneys equal pay and opportunities for promotion. Within her complaint, Ribeiro described Sedgwick LLP as a male-dominated culture utilizing systemic gender discrimination.

Definition of Gender Bias: Unequal treatment, particularly in relation to an employment opportunity, such as promotion, benefits, work privileges, pay rate, expected job duties, etc. When differences in these employment opportunities are based on the sex of an employee or a group of employees, this is referred to as gender bias. Gender bias in the workplace, during the application process, as a reason for termination, etc. can be a legitimate basis for a lawsuit in accordance with anti-discrimination statues.

Ribeiro’s allegations continued, claiming that she had not advanced to equity partner even though she was just as qualified and just as accomplished as male attorneys at the firm. In addition, she cited multiple examples of female attorneys that were being paid less than males in equal positions at Sedgwick LLP.

Due to terms included in an alternative dispute resolution provision in the firm partnership agreement, Sedgwick quickly moved the suit to federal court and then arbitration. U.S. District Judge William Alsup indicated in November, 2016 that two things must be determined: 1) whether or not the dispute is arbitrable, and 2) if Ribeiro’s 1012 partnership agreement’s arbitration clause can be enforced.

The parties submitted a joint report noting that they had conducted a meeting April 4th, 2017 with a mediator in an attempt to reach a provisional settlement. Having successfully done so, they executed a memorandum of understanding in anticipation of a full settlement executed in short order. Ribeiro also amended her complaint.

If you have questions regarding gender bias, or how to react to gender bias in the workplace, please get in touch with an experienced California employment law attorney at Blumenthal, Nordrehaug & Bhowmik as soon as possible.