Courtney Abrams interviewed on KFI Radio about Helmer Friedman's lawsuit against Trader Joe's for sexual orientation…
Oct. 15, 2014
KANSAS CITY, Kan. – Burlington Northern Santa Fe LLC wrongfully terminated an employee in Kansas City after he reported an injury to his left shoulder, according to the U.S. Department of Labor’s Occupational Safety and Health Administration. The company has been found in violation of the Federal Railroad Safety Act*, and OSHA ordered the company to pay the apprentice electrician $225,385 in back wages and damages, remove disciplinary information from the employee’s personnel record and provide whistleblower rights information to all its employees.
“The resolution of this case will restore the employee’s dignity and ability to support his family,” said Marcia P. Drumm, OSHA’s acting regional administrator in Kansas City, Missouri. “It is illegal to discipline an employee for reporting workplace injuries and illnesses. Whistleblower protections play an important role in keeping workplaces safe because they protect people from choosing between their health and disciplinary action.”
OSHA’s investigation upheld the allegation that the railroad company terminated the employee following an injury that required the employee to be transported to an emergency room and medically restricted from returning to work. The company’s investigation into the injury, reported on Aug. 27, 2013, concluded that the employee had been dishonest on his employment record about former, minor workplace injuries unrelated to the left shoulder. These conclusions led the company to terminate the employee on Nov. 18, 2013.
OSHA found this termination to be retaliation for reporting the injury and in direct violation of the FRSA. BNSF has been ordered to pay $50,000 in compensatory damages, $150,000 in punitive damages, more than $22,305 in back wages and interest and reasonable attorney’s fees.
Any of the parties in this case can file an appeal with the department’s Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
Coaches Sue Chivas USA Professional Soccer Organization, Allege Discrimination Against Non-Latinos
Two former members of the coaching staff of Chivas USA have filed a lawsuit against the Major League Soccer organization, saying they were fired “because they were neither Mexican nor Latino.”
The filing was announced by Gregory D. Helmer, of the Los Angeles law firm of Helmer Friedman, LLP, who represents the two coaches.
Daniel Calichman and Theothoros Chronopoulos, both of whom were former professional soccer players and members of the U.S.National Team before being hired by Chivas USA, are suing in Los Angeles Superior Court. The men, described in the complaint as “Caucasian, non-Latino Americans,” allege discrimination, harassment, retaliation and wrongful termination by Chivas USA based on national origin, ethnicity and race.
Mr. Chronopoulos and Mr. Calichman were employed as coaches in the Chivas USA Academy, which offers soccer programs for youngsters from approximately age seven through age 18.
Mr. Helmer noted that the Chivas USA team was formed in 2004 by a group that included Jorge Vergara Madrigal, a prominent Mexican businessman.
Two years earlier Mr. Vergara had acquired Chivas de Guadalajara. The Mexican team, popularly known as “Chivas,” has since 1908 had a stated policy of hiring only players who are Mexican-born or born of Mexican parents.
In 2012, Mr. Vergara acquired full ownership of Chivas USA and, according to the complaint, began to “implement a discriminatory policy similar to the ethnocentric ‘Mexican-only’ policy that exists at Chivas de Guadalajara.” This included “replacing players and staff who had no Mexican or Latino heritage,” and appointing Mexican nationals to the team’s top executive positions.
“While the hiring practices of Chivas de Guadalajara may be legal in Mexico,” Mr. Helmer said, “Chivas USA must follow California and federal laws prohibiting discrimination, including treatment based on race, national origin or ethnicity.”
On November 13, 2012, the complaint states, Mr. Vergara called all Chivas USA employees to a meeting and announced that non-Spanish speaking employees would be fired. It quotes Mr. Vergara as saying, “If you don’t speak Spanish, you can go work for the Galaxy, unless you speak Chinese, which is not even a language.” (The Los Angeles Galaxy soccer team hires players from diverse backgrounds, notably including David Beckham of England.)
In late November of 2012, the complaint states, Jose David, the team’s newly hired president and chief business officer, asked Mr. Chronopoulos to report which Academy players and coaches were Mexican or Mexican-American and which were not.
In late December Mr. David directed Mr. Chronopoulos to collect ethnic and national origin data on the youngsters enrolled in the Chivas Academy and their parents, according to the complaint, which states that
“When the requests for this information were sent to the parents, many of them were offended and refused to provide it.”
On January 11, 2013, Mr. Calichman and Mr. Chronopoulos submitted written complaints of discrimination and harassment to the team’s Human Resources Manager, Cynthia Craig. At a meeting three days later, according to the court filing, “Ms. Craig assured Mr. Calichman that Chivas USA was going to conduct a ‘full investigation’” into the men’s complaint, but no investigation was made.
At that meeting Mr. David stated that he and Mr. Vergara “were taking the team ‘back to its Mexican roots,’” the complaint states, and indicated that Mr. Calichman and Mr. Chronopoulos would not be “part of the effort to take the team back to its Mexican roots.”
The two men subsequently “were informed that they were not being fired but, at the same time were told not to perform their job duties. They were, in effect, placed on suspension.”
The following day, the complaint states, Ms. Craig contacted both men proposing that they resign from their jobs in exchange for two weeks of severance. On January 18, Mr. Calichman responded by email, rejecting the proposal and asking Ms. Craig to verify that he was still employed.
In February, having received no response to their allegations of harassment and discrimination, the court filing states, the men filed complaints with the California Department of Fair Employment and Housing.
On March 7, 2013, according to the court filing, both men received identical letters from Mr. David, notifying them that their employment was being terminated as of the following day. Their lawsuit notes that “the letter is conspicuously silent” as to whether the company had investigated their complaints of harassment and discrimination. “Moreover, in further retaliation for their complaints, Mr. David falsely and maliciously accused them of ‘demonstrat[ing] unprofessional conduct that created an unsafe work environment,’” without stating how they allegedly did so.
The lawsuit seeks general, special and punitive damages in amounts to be determined at trial, as well as any other relief the Court may deem proper.
Also named as defendants are Insperity, Inc. and Insperity Business Services, L.P. The complaint alleges that Insperity is a joint employer with Chivas USA and, in that capacity, is liable for any unlawful employment practices.
“A major professional soccer team should pick its players and coaches based on their abilities,” Mr. Helmer noted. “The behavior detailed in our complaint against Chivas USA is totally unacceptable for any American employer. It is also a disservice to young people of all ethnicities who might aspire to a career in professional soccer, or who look at these players as role models. It also short-changes fans by fielding a team whose players are selected because of their ethnicity rather than their skills.”
Helmer Friedman LLP provides legal representation and advice in a wide range of areas, including labor and employment, sports, and entertainment. The firm can be reached at 310-396-7714 or www.helmerfriedman.com.
Former employee of Los Angeles based Innovative Dining Group, Inc. (“IDG”) filed a wrongful termination lawsuit.
Laura Holycross the Company’s former Director of Catering and Special Events; alleges that she was wrongfully terminated after she complained that IDG was engaged in illegal and fraudulent conduct including: (1) charging several of its clients for non-existent services and products; (2) hiring undocumented workers so that it could pay them less than it would have to pay individuals authorized to work in the United States and that it paid its workers “under the table” so that it did not have to pay federal, state, and local taxes; (3) refusing to allow its workers to take the meal and rest periods to which they were entitled under California law; (4) instructing its employees, including Ms. Holycross, to falsify and forge legal documents and information that was to be provided to its clients, their lawyers, their security companies, and various police departments; and (5) instructing its employees not to book events that would include African-American and Persian guests.
Commenting about her lawsuit, Ms. Holycross’ attorney, Andrew H. Friedman of Venice-based Helmer Friedman, LLP said “California law clearly prohibits employers, and certainly their highest level officials, from firing an employee for complaining about illegal conduct. We look forward to vigorously representing our client and obtaining the remedies to which she is entitled under the law.”