According to NBC’s story, Merck sued for $100 million in sexual bias case, Smith’s complaint alleges “systematic, companywide discriminatory treatment of its female employees on [...]]]> Pharmaceutical giant Merck & Co has been sued by former employee Kelli Smith, who claims her 2010 pregnancy resulted in unfair job evaluations, discrimination, and harm to her reputation.

According to NBC’s story, Merck sued for $100 million in sexual bias case, Smith’s complaint alleges “systematic, companywide discriminatory treatment of its female employees on the basis of their gender and their taking federal and state-protected pregnancy leave.”

Similar allegations were raised in a lawsuit against Swiss company Novartis AG which ultimately resulted in $250K in punitive damages. The law firm of Sanford Heisler represented the plaintiff in that case, and also represents Ms. Smith.

According to a Reuters article, Smith started at Merck in 2004. She worked at Merck’s Toms River, New Jersey facility. She has been a top sales rep for the company.

Smith’s lawsuit seeks class action status.

If you or someone you know thinks they have experienced discrimination due to their gender, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.

Washington and Colorado have legalized the use of marijuana for the average consumer, in addition to medical users. According to a recent Court [...]]]> Proponents of medical marijuana use, take heed. According to this article, Court Says Pot Smokers Can Be Fired, Even in Colo. using marijuana, even at home, may cost you your job.

Washington and Colorado have legalized the use of marijuana for the average consumer, in addition to medical users. According to a recent Court of Appeals decision in Colorado, however, employers in Colorado can still fire folks who test positive for the drug.

The case before the Court of Appeals was that of 33 year old Brandon Coats, a telephone operator for Dish Network, who is paralyzed. He has a prescription for medical marijuana.

“The Colorado Court of Appeals found there is no employment protection for medical marijuana users in the state since the drug remains barred by the federal government. “For an activity to be lawful in Colorado, it must be permitted by, and not contrary to, both state and federal law,” the appeals court stated in its 2-1 conclusion.”

Attorney Michael Evans, who represents Coats, says the court’s ruling is unfair and will negatively impact the 127,816 medical marijuana users in Colorado. Coats himself says he needs his job and his pot.

Across America, the laws regarding medical marijuana laws differ from place to place.

Arizona allows the use of medical marijuana, but the law is different there. You cannot be terminated for testing positive for using it unless “it would jeopardize an employer’s federal licensing or contracts.”

If you or someone you know thinks they have experienced discrimination due to unfair drug testing, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.

Last August, a jury awarded Carl $300,000 in his lawsuit against Fulton County Commissioner Emma Darnell. According to 11 Alive’s article, Judge levies $1.2 Million Against Fulton County, “Fulton County Manager Thomas Andrews promoted an [...]]]> Doug Carl has fought a long battle against Fulton County for race and gender discrimination, and he has won.

Last August, a jury awarded Carl $300,000 in his lawsuit against Fulton County Commissioner Emma Darnell. According to 11 Alive’s article, Judge levies $1.2 Million Against Fulton County, “Fulton County Manager Thomas Andrews promoted an African-American woman to the job of Director of Human Services in 2007, even though Carl had been deputy director and was serving as interim director at the time.”

Andrews admitted during the trial that he characterized employees as “black marbles” and “white marbles” but still maintained that he wasn’t biased against Doug Carl.

The jury decided differently last summer.

Fulton County appealed the $300,000 verdict. On March 31^st of this year, U.S. Magistrate Judge Alan Baverman “…awarded Carl an additional $885,293 in back pay, interest and lost pension benefits.”

The issue of attorney’s fees has not been decided, but those could potentially be half a million dollars. Carl has been fighting for 6 years in the legal system. He said it has been “mentally and emotionally… exhausting.”

If you or someone you know thinks they have experienced discrimination due to their race and/or gender, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.

Senator Jeff Merkley of Oregon is getting ready to reintroduce a bill to end anti-LGBT employment discrimination. Senator Merkley will ask for [...]]]> According to a recent article, High Hopes for Bill Aimed at Ending GLBT Job Bias, Congress is closer than even before to making it illegal to discriminate against gay Americans in the workplace.

Senator Jeff Merkley of Oregon is getting ready to reintroduce a bill to end anti-LGBT employment discrimination. Senator Merkley will ask for a vote in the Senate this Thursday for the Employment Non-Discrimination Act, and feels optimistic about the 60 votes needed to pass it. Merkley has on his side four other senators, Democrats Tom Harkin and Tammy Baldwin, and Republicans Susan Collins and Mark Kirk.

The bill is not new, having first been introduced in 2002.

According to the article:

“Merkley said he has spoken with several Republican members beyond Kirk and Collins, although he would not say who they were, broadly noting, “I do feel like there is a warming feeling, a sense of momentum when it comes to folks’ willingness to take a stand against discrimination.”

The bill will also be reintroduced in the House on Thursday, but faces more opposition from Republicans there. Senator Merkley feels that strong support for the bill in the Senate will send “a strong message” to the House.

The bill could be signed into law by President Obama in May or June.

Unfortunately, gay people are still facing employment discrimination all the time.

Auditor Denied Fair Pay

Just this past January, Air Transport Association of America was named as a Defendant in a lawsuit filed by Stephen Farina, as reported by Washington Blade’s Gay employee sues airline association for discrimination.

Farina, a longtime employee of the Air Transport Association of America [also known as Airlines for America or A4A] claims he was paid a much lower salary [he’s an auditor] than others, because he is gay.

A4A denies the charges.

Farina started with A4A in 1992, making $29,000 as a staff auditor, but worked his way up to Director of Industry Audits and made $68,000. Others in the industry with similar job titles make between $100,000 and $160,000, according to Farina. He spent almost four years trying to get paid fairly.

Beloved Teacher Fired for Being Gay

Carla, Hale, a high school Physical Education teacher in Ohio for 19 years, lost her job after she put her partner’s name in her mother’s obituary, according to High School Fires Teacher After Her Partner’s Name Appeared In Her Mother’s Obituary.

Hale teaches at Bishop Watterston High School, a Catholic school.

A parent’s anonymous letter to the Roman Catholic Diocese of Columbus, Ohio caused Carla Hale to lose her job. According to an article in the Columbus Dispatch, “teachers can be terminated for ‘immorality’ or ‘serious unethical conduct.’”

Hale feels strongly the termination is unfair. She told reporters,”Bishop Watterson is an amazing place to be, with the staff, the faculty, it’s a very positive environment. If it wouldn’t have been for my mom’s obituary and my partner’s name being Julie and not Chris or Pat or whomever, I wouldn’t be in this situation right now.”

Hale’s students have rallied to her defense, and created a petition stating, in part:

Discrimination is something that people have fought for generations. The most prominent form of discrimination in today’s society is discrimination on the basis of sexuality. Carla Hale, a beloved teacher at Bishop Watterson High School, was fired because of her sexuality. She was a teacher who cared for her students and treated each one with respect. The school, however, did not reciprocate that respect in its treatment of her.

A Facebook group has also been started to support Hale.

Hale, who is not Catholic, filed a grievance seeking her job reinstated. On April 24th it was denied. Thomas Tootle, her attorney, said “they are exploring other legal options.”

If you or someone you know thinks they have experienced discrimination due to their sexual orientation, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.

The women claim discrimination based on their gender, and say there is a pervasive habit of denying them promotions, not paying females as well [...]]]> Female employees of Daiichi Sankyo, a San Francisco company, have filed a class action suit against their employer, according to this article: Daiichi Sankyo Faces Gender Discrimination Class Action Lawsuit.

The women claim discrimination based on their gender, and say there is a pervasive habit of denying them promotions, not paying females as well as males, and discrimination against pregnant women. The managerial employees promoting these allegedly discriminatory policies are males.

Daiichi Sankyo is a very large pharmaceutical company based on Japan, with more than $2.6 billion in sales here in the USA in 2010 [the latest year for which sales figures are known].

“Female pharmaceutical sales employees, including the Plaintiffs, have been cautioned against committing ‘career suicide’ if they choose to have children while working for Daiichi Sankyo,” said Janette Wipper , a San Francisco-based Partner at Sanford Heisler and lead attorney on the matter. “Daiichi Sankyo’s female sales reps have also been called ‘baby-makers’ while pregnant, required to attend meetings in smoke-filled rooms during their pregnancies, and received suspect reductions in compensation after returning from maternity leaves. Women who have dared to complain about the unequal treatment have been summarily ‘managed out’ of the company.”

If you or someone you know thinks they have experienced discrimination due to their gender, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.

Lacoste, as explained in Lawsuit says nurse turned detective, lost job, was monitoring the administration of medications at Elliott Hospital on May 24, 2011 when she [...]]]> Nurse Katherine K. Lacoste, a 12 year employee of a New Hampshire hospital who suspected an anesthesiologist was illegally using drugs, reported her suspicions and was subsequently terminated.

Lacoste, as explained in Lawsuit says nurse turned detective, lost job, was monitoring the administration of medications at Elliott Hospital on May 24, 2011 when she suspected the anesthesiologist, Dr. Brian Klagges, had not given the patient fentanyl. The patient was scheduled to undergo a kidney stone procedure and needed the fentanyl, which is a narcotic. Lacoste was able to remove the syringe she suspected didn’t contain the entanyl and she had it tested. It didn’t contain the drug.

As soon as her suspicions of drug diversion were reported, Dr. Klagges’ employer, Amoskeag Anesthesia, started making complaints to the hospital about Lacoste, according to her complaint. “Amoskeag Anesthesia is also the practice of Dr. Eduardo Quesada, the anesthesiologist and pain doctor who was brutally attacked at his Bedford home last November.”

Wrongful termination, retaliatory behavior, and violation of the Whistleblower Act are among the allegations in Lacoste’s complaint, filed in Hillsborough County, New Hampshire. The case will be mediated.

If you or someone you know thinks they have experienced discrimination due to being a whistleblower, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.

Since 2010, [...]]]> From New Brunswick, New Jersey comes a story about sexual harassment, Former State Theatre employee alleges discrimination, sexual harassment in lawsuit. The story is all over the news in that area, as evidenced by another article, New Brunswick’s State Theatre CEO sued by ex-assistant for alleged sexual harassment, discrimination, wrongful firing

Since 2010, Mark W. Jones has been the State Theater’s President and CEO. His assistant Tracy Bell was terminated after she complained about Jones to Human Resources. Bell alleges that Jones sexually harassed her, discriminated against her based on her gender, and due to a disability [she had a torn calf muscle]. Her complaint also alleges breach of contract, retaliation, and invasion of privacy.

Bell, an employee since 2007, was terminated in 2013. After tearing her calf muscle, she claims she was in a lot of pain and had to take time off for doctor’s appointments.

Jones began the harassment in 2012, allegedly making a sexual joke and demonstrating it with a banana. Further, “During the course of the next year or so, Jones allegedly relayed to Bell “comments about his bowel movements” and “the fact that he could no longer have sex after he had his prostate removed,” according to the Complaint filed in Superior Court.

If you or someone you know thinks they have experienced discrimination due to their gender or a disability, or if there has been sexual harassment, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.

Fox claims that firefighters turned in fraudulent time records and training records in order [...]]]> Social Circle, a small town south of Atlanta, stands accused of illegally firing the Public Safety Director. Ex-Ga. Public Safety Director Files Whistleblower Suit explains that former Public Safety Director Tom Fox, claims he was fired for being a whistleblower.

Fox claims that firefighters turned in fraudulent time records and training records in order to receive payment, and he reported that last fall. In September 2012 his employment was terminated.

Fox had taken his complaints to the Georgia Bureau of Investigation. City Manager Doug White placed Fox on Administrative Leave upon learning of the scheduled GBI meeting.

The lawsuit, filed by Fox in January, specifies the allegations of fraud. According to the article,

Fox also alleges that the city coerced him under threat of termination to accept a modification to his employment agreement that allowed the city to terminate him without cause and without notice, placed him on suspension without justification and without informing him of the suspension, and terminated him despite the city manager’s promise to retain him as chief of police. Fox also alleges that city officials attempted to threaten  him by asking him to meet with them on a Sunday at an abandoned building outside city limits.

The city has denied the charges.

Under Department of Labor guidelines, state employee whistleblowers are protected from retaliation for reporting fraud or waste.

If you or someone you know thinks they have experienced discrimination due to being a whistleblower, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.

According to Lawsuit: State’s employee wellness program violates civil rights, some of the employees of the state of Oregon opted not to fill out the online [...]]]> A class action lawsuit filed by state employees in Oregon alleges that being required to fill out an online form for health insurance coverage violated their civil rights.

According to Lawsuit: State’s employee wellness program violates civil rights, some of the employees of the state of Oregon opted not to fill out the online Health Engagement Model [HEM], because a risk assessment tool would put their jobs in jeopardy, they felt.

The Americans With Disabilities Act prohibits companies from requiring employees to disclose a disability. The online questions, however, posed a risk to police and corrections officers. “They experience post-traumatic stress disorder in disproportionately high numbers… and feared disclosing that condition to their employers,” according to their attorney.

Employees who chose not to answer the HEM questionnaire in 2012 faced monthly penalties of $20-35.

“The lawsuit argues that the HEM violated the Americans with Disabilities Act by requiring employees to give information about themselves that may disclose a disability. The ADA prohibits employers from asking about medical conditions or disabilities unless they’re directly related to the employee’s work.”

The plaintiffs, one of whom is the head of the Corrections Department employees’ union, seek monetary damages and an end to the requirement that state employees have to fill out the HEM.

If you or someone you know thinks they have experienced discrimination due to a violation of the ADA, James Radford can help. Contact James by phone at (678) 369-3609 or email at james@jamesradford.com.