Sexual Discrimination :: New Jersey Injury Lawyers Blog

March 26, 2011

Bayer Unit Faces $100 Million Gender Bias Lawsuit

It is another in a spate of gender discrimination lawsuits filed recently against large corporations: last Monday a class action lawsuit was filed against Bayer HealthCare Pharmaceuticals and its parent, Bayer Corp., both U.S. units of Bayer AG, alleging the company has engaged in various discriminatory behaviors against its female employees. (1)

The lawsuit, filed in U.S. Federal Court in Newark on behalf of six former and current employees, claims that the company discriminates against women in terms of salary, job opportunities and family leave. (1)

Specifically, the lawsuit claims Bayer’s female employees receive less compensation than their male peers, are denied promotion opportunities and are offered only opportunities for lower ranking positions. Such actions violate Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the Family Medical Leave Act, all federal laws; as well as the New Jersey State Family Leave Act and the Law Against Discrimination. (2)

The suit also alleges the company fosters a “hostile work environment” by, among other things, publishing and distributing reports offensive to its female employees. Such reports allegedly propose that men make better managers because they are “easier to deal with,” and describe women as “the fairer sex,” indecisive, backstabbing and prone to “mood swings.” (3)

The company is accused of showing particular bias against pregnant women and those with family obligations. One plaintiff in the suit claims she was fired while on maternity leave. Another claims she earned $30,000 a year less than her male peers. (2)

The lawsuit seeks $100 million in compensatory and punitive damages, covering back pay, legal costs and damages on behalf of female employees at or above the management level after November 21, 2009. In addition, it asks Bayer to establish programs to protect equal opportunities for women and to promote women in a non-discriminatory way. (2)

The company has denied all allegations.

Similar lawsuits have been filed recently against other major companies: Publicis Group S.A., the U.S. business and French advertising company for Toshiba Corp.; Goldman Sachs Group Inc.; and the U.S. unit of Novartis AG. In that case, the company agreed to pay a $175 million settlement following a $253 million jury verdict against it. There is more to come. The U.S. Supreme Court later this year is expected to hear a case against Wal-Mart Stores Inc. filed in 2010 on behalf of 1.5 million female employees. (1)

(1) http://chicagobreakingbusiness.com/2011/03/suit-charges-bayers-u-s-unit-with-sex-discrimination.html
(2) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202487834171&rss=nj
(3) http://www.pharmalot.com/2011/03/bayer-employees-file-gender-discrimination-lawsuit/

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Posted In: Sexual Discrimination

October 22, 2010

Former Employee Wins Settlement from Sony over Gay Harassment Charges

A former employee of Sony Music Holdings, Inc. (doing business as Sony DADC) was awarded a $20,000 settlement over claims that he was harassed due to his sexual orientation during his employment at the company’s Gloucester County manufacturing plant. (1)

According to the complaint the employee, Charles E. Morgan, was harassed on a regular basis during his employment as a temporary machine operator for the company. Morgan charged that at least three times during the period from May through August of 2009, he complained to management about the harassment but, he alleged, no action was taken. Instead, Morgan claimed, he was not promoted to a permanent, full-time position and, in August 2009, was given a three-day suspension because of his complaints. It was around that time that Morgan filed a complaint with New Jersey's Department of Law and Public Safety’s Division on Civil Rights. Shortly thereafter he was terminated by Sony. (2)

Under the settlement agreement, Sony did not admit to any misconduct. Instead, the company claimed that its management did look into and attempt to resolve Morgan’s complaints. In fact, Sony said in one instance it transferred an employee out of Morgan’s department following his complaint that the employee had lectured him about his homosexuality. (1)

Sony also denied taking any retaliatory action against Morgan, claiming that the change from temporary to permanent, full-time employment was not a promotion, but a change in job status and that Morgan did not have the qualifications to warrant such a change. Sony also claimed that Morgan’s suspension and subsequent termination were the result of his attendance record. (3)

Nevertheless, Sony has paid the settlement amount to Morgan and also has agreed to give a “neutral reference” for Morgan to any prospective employer who may inquire, as stipulated in the agreement. (1)

(1) http://www.newjerseynewsroom.com/state/sony-settles-with-former-gay-employee

(2) http://beta.courierpostonline.com/article/20101021/NEWS01/10210328/1006/Glo.-Twp.-offers-federal-aid-to-business-owners/Gay-ex-worker--Sony-settle-sexual-harassment-case#pluckcomments

(3) http://www.nj.com/gloucester-county/index.ssf/2010/10/pitman-based_sony_dadc_agrees.html

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Posted In: Sexual Discrimination

September 12, 2010

Sexual Discrimination Complaint is No Laughing Matter

A former stage manager for the “Late Night with Jimmy Fallon” television show filed a sexual discrimination complaint with the U.S. Equal Opportunity Employment Commission (EEOC) alleging that he was demoted and later terminated from his job with the show because the late-night comedian preferred working with women.

Paul Tarascio of Oradell, NJ, filed the complaint against Fallon and the show’s producers alleging that the producers lied about Tarascio’s performance in order to remove him from his position and replace him with a woman. Tarascio alleged in the complaint that Fallon prefers to be directed by women and to work with female technicians only. (1)

Sexual or gender discrimination is no laughing matter. Last month a volunteer firefighter received a $15,000 settlement for her gender discrimination suit against the Clementon Fire and Rescue Company. The firefighter, Merrissa Garretson, alleged she was the victim of repeated derogatory comments from another firefighter. Garretson claimed that she was told an investigation of her complaint would be conducted, but instead her gear was taken from her locker and she was replaced on the fire truck by firefighters with less experience. In addition to the monetary settlement, members of the fire department were required to attend sexual harassment prevention training sessions. (2)

While the EEOC provides federal protection against sexual discrimination, the New Jersey Law of Discrimination (LAD) provides protection at the State level. The LAD protects against intentional discrimination, including conduct or statements discriminatory in nature, or differential treatment based on gender. (3)

Under the Law, employers may not sexual harass or permit sexual harassment of their employees. Earlier this year, the State Appeals Court expanded the Law to apply to business owners and their clients as well as to employers and their employees. This decision was the result of a complaint filed by the female owner of a Middlesex County tire distribution company against a branch manager from United Rentals North America Inc. That complaint alleged that the manager stopped doing business with the woman’s company after she refused sexual advances he made toward her. This decision extends protection against sexual discrimination to areas not previously explored. (4)

(1) http://www.nj.com/entertainment/celebrities/index.ssf/2010/07/jimmy_fallon_accused_of_sexual.html

(2) http://www.dailyrecord.com/fdcp/?1284317524030

(3) http://www.judiciary.state.nj.us/factsheets/fact_sexhar.pdf

(4) http://www.nj.com/news/index.ssf/2010/01/state_court_overturns_decision.html

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Posted In: Sexual Discrimination