Employment Lawyer Blog

Bayer AG's US healthcare arm faces a gender discrimination lawsuit that could leave the company with $100 million in employee pay outs.

Six current and former Bayer employees in New Jersey have been working with the US Equal Employment Opportunity Commission (EEOC) to compel changes at Bayer, however plaintiffs discontinued those proceedings on March 21, 2011 and decided to file suit against the company in Bayer in Newark, New Jersey.

According to attorney who represents the plaintiff class:

"Bayer engaged in systematic discrimination against its female employees - particularly those with family responsibilities - by paying them less than their counterparts, denying them promotions into better and higher paying positions, limiting their employment opportunities to lower and less desirable job classifications and exposing them to different treatment and a hostile work environment."

Unsurprisingly, the company released a statement vigorously denying the gender discrimination allegations. Bayer's legal woes mirror those faced by other companies recently, including Toshiba, Novartis, and Wal-Mart. According to a Wall Street Journal story, Wal-Mart is heading to the US Supreme Court to try to challenge the certification of a class action suit against the giant company for sex discrimination. If the Supreme Court certifies the class action, Wal-Mart will face the biggest gender discrimination suit in US history.

When employees at large companies - such as Novartis, Wal-Mart, and Bayer - face unfair treatment, they often feel "helpless" against the institutional behemoths that pay their salaries. Even women, minorities and other members of protected classes who work at small businesses or non-profits may feel intimidated and scared by the prospect of filing a lawsuit against their employer.

A lot of the struggle is psychological. If you've been discriminated against, retaliated against, or otherwise subjected to a hostile unfair work environment, the law is on your side. You can take advantage of a plethora of resources to compel your employer to behave and even to extract compensation for things like wrongful termination or an unfair pay cut.

But human beings evolved to be social creatures; we value loyalty. When you complain to HR or seek legal action by going to an employment discrimination lawyer, you may feel like you are violating this unspoken fundamental tenet of human conduct: to be loyal to those in your "pack."

Loyalty in and of itself can be a wonderful thing. But if you are loyal to people who are harming you or treating you badly, that's not a good thing. Fortunately, you can avail yourself of creditable, reputable, experienced resources that can help you overcome your workplace challenges. Connect today with attorneys at Joseph & Kirschenbaum at 866-348-7394 or www.jhllp.com to learn more about your rights and legal resources.

Winsome Packer, a former staffer for the U.S. Commission on Security and Cooperation, has accused Representative Alcee Hastings (D-Florida) of sexual harassment and discrimination. In a suit filed on March 9, 2011 in Federal Court, Packer alleged that the prominent member of the Congressional Black Caucus asked her vulgar questions, bought her inappropriate gifts, and suggested that her career could be advanced if she yielded to his requests to stay in her apartment.

The complaint states: "Mr. Hastings' intention was crystal clear: He was sexually attracted to Ms. Packer, wanted a sexual relationship with her, and would help her progress her career if she acquiesced to his sexual advances."

Ms. Packer took her complaints to Fred Turner, the Director of the Commission on Security and Cooperation. Mr. Turner allegedly retaliated against her by denying her travel requests and keeping her away from Commission-related work.

Ms. Packer developed numerous health ailments during the period of harassment and retaliation. Among the symptoms that she claims were "a direct and proximate result of the unlawful sexual harassment," Ms. Packer asserts she developed:

• High blood pressure
• Depression
• Anxiety
• Insomnia
• Coronary artery disease

The 79-year-old Hastings has previously dealt with scandals in his career. In 1998, the House impeached him for perjury and bribery. In 1999, the Senate convicted Mr. Hastings for the same crimes. After the bribery and perjury convictions, the Senate had the option to ban Representative Hastings from seeking public federal office, but opted not to.

Hastings released a statement vigorously denying any allegations of wrongdoing in regard to Ms. Packer. An AP article quoted him saying "I have never sexually harassed anyone...I am insulted that these ludicrous allegations are being made against me...I will win this lawsuit."

Irrespective of whether Ms. Packer's allegations turn out to be true - or even partially correct - her plight illustrates how difficult it can be for women (or men) to confront their superiors about unwanted conduct, behavior, or communications. Whether you work in government, a corporate structure, or a small business environment, you have likely been trained to respect people in authority and to avoid "making waves."

Unfortunately, many people who experience sexual harassment and retaliation don't understand their rights or the amount of leverage that can be brought to bear to compel employers to stop bad behavior. Depending on what happened to you or your friend or coworker, you can even collect significant compensation.

For a free case evaluation, look to the experienced and reputable New York City law firm, Joseph & Kirschenbaum. Explore crucial resources on the web at www.jhllp.com, or phone the offices at 866-348-7394 to schedule a consultation.

On Monday, the U.S. Supreme Court rejected a petition to challenge a Second Circuit court ruling regarding how Federal overtime law should apply to pharmaceutical companies. In July 2010, the Second Circuit (supported by an amicus brief from the U.S. Department of Labor) reversed an earlier ruling by a 3-0 vote about whether the Fair Labor Standards Act (FLSA) exempted pharmaceutical sales reps or not. The earlier ruling deemed that pharma workers should be considered outside salespeople and administrators.

Two pharmaceutical giants - Novartis Pharmaceuticals and Schering Corp - may have exhausted their legal remedies to fight the Second Circuit's decision. Charles Joseph, a partner at Joseph & Kirschenbaum, noted: "The specter of a Supreme Court review is greatly diminished, although not eliminated, because the court could take it up with some other case in the future... for now, the Second Circuit decision remains the law of the land in the second circuit. I do not understand how these drug makers will not have to immediately start to change their practices."

The denial of certiorari was applauded by Novartis workers. The decision may compel the pharmaceutical giant to pay up to $100 million to approximately 2,500 past and present pharmaceutical reps.

Beyond Novartis and Schering Corp

The Supreme Court's denial of certiorari in this case has the potential for tremendous industry-wide ramifications in the pharmaceutical sector. Over a dozen suits have been filed against major drug makers like Bristol-Myers Squibb, GlaxoSmithKline, Merck, and Johnson & Johnson. These giant companies have long held that their sales reps should be exempt from FSLA overtime requirements. Their payment practices will almost certainly have to change in light of these court decisions. One report predicted that the Supreme Court decision may "open the flood gates for liability." It seems likely that we may be witnessing the beginning of a monumental change in how drug companies treat, value, and pay for their workers.

If you or someone you care about needs help with a wage and hour violation situation (e.g. your employer has unfairly withheld your tips or had failed to pay you due overtime); or if you have been subjected to sexual harassment, retaliation, or discrimination at your job, look to the firm of Joseph & Kirschenbaum to get a confidential and helpful case evaluation. Phone 866-348-7394, or visit the firm on the web at www.jhllp.com.

A 23-year-old former cocktail server has launched a blistering federal lawsuit against the Light Group. The lawsuit accuses her ex-employer of allowing sexual harassment, encouraging alcohol and drug abuse, subjecting her to a hostile work environment, inflicting emotional distress, wrongfully firing her, and even assault and battery.

According to the Los Angeles Sun, Fix Restaurant hired the unnamed waitress (she is remaining anonymous due to her fears of retaliation and invasion of privacy) when she was just 19. For the next four years, she worked at various restaurants and clubs owned by the Light Group on the Las Vegas strip, including Fix Restaurant, the Bare Pool Lounge and the Jet Nightclub. According to the federal lawsuit, the young woman "was trained in the Light Group's 'marketing program' [and was taught] specific sexually provocative non-physical and physical techniques to get patrons of defendant's clubs to drink, take drugs, and engage in sexual contact with plaintiff and her female coworkers."

The waitress blamed this "marketing program" on the death of Desiree Veilleux, a night club host, whom she claims was subjected to similar harassment and work related insults.

The Light Group released a blistering response to the accusations, calling them "outrageous" and "completely untrue."

The Light Group is a powerful Las Vegas institution. It runs the Bank at the Mirage, the Jet at Aria and Monte Carlo, as well as a variety of clubs and restaurants at the Bellagio Hotel. According to the Las Vegas Sun, the woman is seeking unspecified punitive and compensatory damages.

When young restaurant workers get abused by their employers - for wage and hour violations, sexual harassment, employer abuse, or other violations - it often takes a great deal of courage for them to come forward and respond to the pathological behavior. This isn't because there is something wrong with the victimized employees - rather, it's a natural human tendency to respect authority and to "try to get along." Unfortunately, in certain workplace situations - particularly, it appears, at many restaurants - workers often have no choice but to solicit external resources to end annoying, harassing, or even dangerous practices.

The law firm of Joseph & Kirschenbaum can help you develop a powerful and clear strategic response to your difficult employment situation. Connect with the team now at 866-348-7394 or www.jhllp.com.