Blog

Discrimination lawsuit filed against California nursing facility

By Scott posted in Discrimination on August 16th, 2013

A former kitchen worker at a California nursing facility has filed a lawsuit against her former employer claiming that Manor Care and its owners and operators failed to look into her complaints of race discrimination and sexual harassment, and even went as far as to encourage the degrading work environment. The woman also claims that other female workers were also forced to work in the hostile and offensive work environment.

According to the lawsuit, the former kitchen worker was employed by Manor Care in California from 1999 to 2010. During that time she was frequently harassed because she is Asian, and the kitchen manager supposedly allowed other male staff to sexually demean the female employees.

In addition she claims that at some points she was physically assaulted by other co-workers kicking food carts into her, and that some co-workers even went as far as to throw food at her. Other co-workers also supposedly degraded the woman with racial and ethnic slurs.

The lawsuit claims that the former employee did not speak up sooner about the discrimination and harassment because she was afraid of retaliation, but when her daughter did send an email to Manor Care complaining about the way her mother was being treated at work, the nursing facility retaliated by having the former employee work an extra two hours per week.

The lawsuit goes on to say that in August of 2010, the former employee ended up suffering from a panic attack while at work, but that Manor Care failed to provide any medical attention to her. A week later the women ended up resigning from the job she had for 11 years because of the working conditions she had been subjected to and the fact that the facility supposedly did nothing to deter the discrimination and harassment from happening.

The lawsuit is seeking an unspecified amount in punitive and economic damages, and claims that due to the harassment the woman suffered from anxiety, panic attacks, muscle spasms, digestive problems and depression.

Source: Reuters, “Former nursing home worker claims race, gender harassment,” Linda Coady, 9 may 2011

Lawsuit seeks class action status for unpaid overtime

By Scott posted in Unpaid Overtime on August 16th, 2013

Two former utility workers have filed a federal lawsuit claiming that they were forced to work extra hours, but were not compensated for the overtime hours they worked. The lawsuit claims the company had violated the Fair Labor Standards Act, and is seeking unpaid wages and punitive damages.

The attorney who filed the lawsuit on behalf of the two former employees is also seeking class action status, which would allow other former and current employees with similar complaints to also join in on the lawsuit. The claim is that all of the hourly customer service associates who worked for the company for at least the past three years were forced to work in excess of 40 hours per week, but were not compensated for their time.

According to the two employees who filed the recent lawsuit, they were required to work more than 40 hours a week but were not paid for their overtime, which should have been time and a half of their regular pay. Part of this overtime pay also stems from supposedly having to come in earlier before shifts to prepare work spaces and cash drawers, and then have to also continuing working after clocking out to count their cash drawer and deposits.

In addition to the unpaid overtime, the lawsuit also claims that the company forced them to work through breaks, and that they were not paid for their lunch breaks.

One of the employees who filed the lawsuit said that she was considered a “floating” associate who would sometimes have to travel to three different company locations during the day, but that she was not paid for her travel time.

Looking to the future of this case, an attorney for the former employees is seeking class action status, but there is no word yet on how many employees that could potentially include.

Source: San Antonio Express, “SAWS hit with lawsuit on pay,” Guillermo Contreras, 18 May 2011

Driver awarded $1.5 million in California sexual harassment case

By Scott posted in Sexual Harassment on August 16th, 2013

A former truck driving trainee has won a $1.5 million judgment in a sexual harassment lawsuit filed against CRST Expedited and its parent company, CRST International. The 45-year-old who had worked out of the company’s California terminal claimed that she had been assigned to a driving trainer who had touched her inappropriately and made sexually suggestive comments, and that the company did nothing to deter the behavior.

According to the sexual harassment lawsuit, after a mandatory 28-day training session the woman trainee quit just one day after getting her first assignment. She said the emotional turmoil experienced during the training forced her leave and search for another line of work.

The court ruling, which included more than $1.1 million for punitive damages allowed under California’s Fair Employment and Housing Act, found the trucking company failed to prevent a hostile working environment by allowing the trainer to make verbal and physical sexual advances.

The chief executive officer of CRST International said the company plans to appeal.

This lawsuit was also not the first time that CRST Expedited has come under scrutiny for failing to protect female truck drivers from other male employees. Even just last year the Equal Employment Opportunity Commission had filed a class action lawsuit against the company for similar complaints, however, that case was dismissed due to the EEOC’s legal procedures that were used.

However, since then, another claim has also been filed against the trucking firm by a married couple who had wanted to work together as a team for CRST Expedited. The pair filed a complaint that a trainer had made improper sexual advances toward the wife, and had also used degrading Mexican-American racial slurs.

According to the couple, after the two complained about the behaviors, CRST Expedited retaliated and the two were given bad driving assignments and bad dispatch assistance, which caused them to drive off-route and cost them money out of their own pockets.

CRST Expedited has yet to respond to the claims made in that lawsuit.

Source: Business 360, “Female driver wins $1.5 million harassment judgment against CRST Expedited,” David DeWitte, 9 May 2011

Officers at LAPD file high number of employment related lawsuits

By Scott posted in Employment Law on August 16th, 2013

More than 250 police officers have filed lawsuits against the Los Angeles Police Department since 2005 for employment law violations like discrimination, sexual harassment and retaliation. At this point 45 have been settled, while others are in the appeals process and others are still pending.

In addition to the high number of lawsuits being filed, between 2005 and 2010 the city has also spent quite a bit of money, reportedly paying out more than $18 million, with some officers walking away with five or even six figure payments.

One such case was from a lawsuit filed by a canine handler for the police department. She claimed that male officers had made inappropriate sexual comments and advances toward her, and had also excluded her from certain training exercises. She ended up suing the department, and in 2009 city officials settled her claim by paying her $2.25 million.

However, it didn’t stop there are as two other officers also claimed to have been retaliated against for sticking up for the woman. A canine handler who had worked with the woman claimed he was expelled from the unit and had his ranked stripped for defending the woman, and a sergeant also claimed to have been retaliated against after he refused to change the woman’s performance evaluation.

In both of those cases the city refused to settle, and in court both of the officers won their cases with the other canine handler being awarded $2.5 million, and the supervisor receiving close to $750,000 in damages.

The Police Protective League, which serves as the union for rank-and-file officers, sees the lawsuits as indicative of a greater problem within the department, and city officials are now calling for the department to do more in terms of workplace conflict resolution measures in order to avoid such a large number of expensive lawsuits.

Source: San Jose Mercury News, “Report: LA pays big bucks in LAPD workplace suits,” 8 May 2011

Let's Get Started
Schedule a Free Consultation

7+9 =

I have read and understand the disclaimer

Call Us (323) 934-1234

Office Location
Follow Phillips Lerner, A Law Corporation on Twitter Connect with Phillips Lerner, A Law Corporation on Facebook. Linked In Profile for Phillips Lerner, A Law Corporation YouTube
We provide legal services & no cost consultations to individuals in the following languages, Spanish, Chinese, Vietnamese