Lansing Personal Injury Lawyer - Workplace Discrimination

Doctor Wins Suit Against Cancer Hospital for Sex Discrimination

David Mittleman — Tue, 01 Dec 2009 15:23:16 GMT

A former radiation oncologist at the University of Pittsburgh Cancer Institute won a potential $3 million verdict against the hospital in federal court on charges that her employer retaliated against her when she raised concerns over gender discrimination in the hiring process. Overall, the jury voted to award Dr. Kristina Gerszten $1.5 million in back pay and an additional $827,292 in front pay. However, the decision will ultimately be up to the U.S. District Judge, Arthur J. Schwab, to decide what the hospital will pay for its actions.

Dr. Gerszten originally filed charges in 2008 alleging that hospital officials at the University of Pittsburgh Cancer Institute purposefully passed over her and her female colleagues for promotions and prestigious positions in favor of less experienced male doctors. However, the jury failed to find any evidence of sex discrimination, but nevertheless awarded punitive damages for the hospital’s retaliation against her for originally filing the complaint.

After Dr. Gerszten filed the complaint, the news traveled to her superior, Dr. Dwight Heron, who was ultimately responsible for deciding on Dr. Gerszten’s promotions and contract renewals. The jury found that Dr. Heron retaliated against Dr. Gerszten by refusing to hire her as medical director at a sister hospital, the University of Pittsburgh Medical Center or the Cancer Center in Natrona Heights, as well as refusing to renew her contract as an oncologist for the hospital when it expired in 2007.

Originally posted at InjuryBoard by David Mittleman

EEOC Files Suit Against Target

David Mittleman — Thu, 27 Aug 2009 10:00:00 GMT

The U.S. Equal Employment Opportunity Commission filed a lawsuit on Monday in U.S. District Court in Los Angeles against Target Stores. The EEOC alleges that the Target store where 29-year-old Jeremy Schott worked failed to make reasonable accommodations for his cerebral palsy.

According to the lawsuit, the Target store in Orange County reduced Schott’s hours because of his disability, because he struggled to communicate. Furthermore, the store forced him to attend meetings on work issues and job performance without a job coach or another aid to help him communicate, even though both his job coach and parents requested to attend.

According to EEOC attorney Anna Park, Target was aware of Schott’s disabilities when he was hired. Park also stated that Schott was qualified and motivated to work, but that Target failed to provide him with equal opportunities to succeed in the workplace. The EEOC attempted to settle the suit out of court with Target, but the retailer refused. Target has declined to comment on the case thus far.

Originally posted at InjuryBoard by David Mittleman

Former South Jersey Gas Employee Wins $1.8 Million after Employer Failed to Make Accomodations for His Depression

David Mittleman — Sun, 09 Aug 2009 11:46:31 GMT

Atlantic City—a former employee of South Jersey Gas sued his employer for failing to make accommodations for his depression and then firing him just days shy of his 20^th anniversary of employment with the company. A jury awarded the man, Scott Jones, $1.1 million in emotional damages and $720,544 in economic damages on July 24^th.

Jones filed suit back in 2006 after his employer fired him, citing “poor work performance”. However, South Jersey Gas maintains that Jones was fired for his low work performance, alleging that he made no sales in the months prior to his termination and that he had “never been a top performer”. Nevertheless, the company was undergoing a restructuring plan that unduly increased Jones’ workload, putting increased pressure on him and ultimately contributing to his depression. Furthermore, Jones’ annual reviews showed he always received satisfactory marks for his work, despite his depression.

Moreover, Jones went to his supervisors in the three months prior to his termination to discuss accommodations for his depression because of his increased inability to concentrate. His supervisors referred him to a counselor through the company Employee Assistance Program and Jones signed a waiver allowing his supervisors to discuss his psychological evaluation and then to make the corresponding work accommodations. However, his supervisors never contacted the counselor to look over Jones’ evaluation. His employers allege that the document Jones signed simply stated that he had attended counseling, but did not give them the right to discuss his psychological evaluation. South Jersey Gas plans to appeal the decision.

Originally posted at InjuryBoard by David Mittleman

St. John Hospital and Medical Center Sued for Age Discrimination

David Mittleman — Mon, 18 May 2009 14:12:31 GMT

Nine employees have filed suit against Detroit’s St. John Hospital and Medical Center for tossing a program that would pay employees for his or her unused sick days upon retirement or resignation. The employees stand to lose $2,700 to $11,000 in promised benefits. However, lawyers are requesting the suit be certified as a class action, since the decision affects over 430 hourly employees. Along with age discrimination, the suit alleges breach of contract and other benefit violations.

The program was dropped on January 1, 2009, and is expected to save the hospital $1.5 million. According to the Detroit Free Press, the hospital made $1.3 million in the 2008 fiscal year, but in the first 6 months of the 2009 fiscal year, it has already lost $106 million.

In a statement released to the Detroit Free Press, the health system noted the "difficult cost savings decision" was necessary "save as many jobs as possible."

Originally posted at InjuryBoard by David Mittleman