kaiserfraud ([info]corphq) wrote,
@ 2005-09-01 15:04:00
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Entry tags:kaiser permanente, kaiser workers

EEOC Files Suit Against Kaiser, with Typical Kaiser Response
The EEOC is suing Kaiser for discriminating against a pregnant nurse:
http://www.bizjournals.com/pacific/stories/2005/08/29/daily33.html?from_rss=1

Having looked into the EEOC option myself, this must be an airtight case. In California, at least, both DFEH (equivalent of Dept. of Labor) and the EEOC are overloaded, and they shrug off many qualified cases just for administrative reasons. They also usually need to have a stack of similar complaints to establish a "pattern" of discrimination.

I found Kaiser's response astounding:
"We were made aware of this lawsuit today. Once we receive the lawsuit, we will review its content thoroughly."

If "the commission filed the suit after the parties failed to reach a settlement", then of course Kaiser was aware of the issues involved! They've already reviewed this case. They obviously just gambled that the plaintiff wouldn't be able to win a lawsuit and probably didn't expect the EEOC to get involved.

Kaiser needs to take a good hard look at the blank ethical check they've given their public relations department. In my case, the front men Matthew Schiffgens and Rick Malaspina, had no problem with just telling outright lies: that Kaiser didn't post the System Diagrams (alluding that I must have), that I worked on the Systems Diagrams "project", that the Systems Diagrams have nothing to do with HealthConnect (Kaiser's EMR), and that the Systems Diagrams couldn't be "Googled". Now here is Kaiser spokesperson Lynn Kenton trying to claim that Kaiser has no idea what this suit is all about, *after* some sort of settlement talks have occured. These Kaiser spokespeople are just the most shameless liars imaginable.

Furthermore, this lawsuit illustrates what I've been trying to say all along about Kaiser HR. Kaiser asserts "seriously providing ongoing training to its physicians and staff". However, the managers at Kaiser can count on HR to cover up whatever they do, so they are completely free to avoid this supposed training. If a manager doesn't like someone or feels that something like a pregnancy might prove to be an inconvenience, all they have to do is make up some legal reason and document it. They know if the victim of the false documentation complains, HR will look after what they believe to be Kaiser's best interest - quashing the legal "threat" and building up more documentation that will make the situation look legal and dragging things out so any evidence that would uphold what really happened will be destroyed.

Just think of how much time and trouble would have been saved by everyone if HR were disposed to solve these problems quickly and fairly on behalf of the people who have been wronged. If the pregnant woman's promotion had been confirmed immediately, with any lost back pay and the appropriate apology, there would be no trouble. I bet anything Kaiser offered her something, but tried to offer her less than what she'd lost just because it's good business to lowball people who usually don't have the resources to follow through on a big lawsuit. Now, thanks to the EEOC, there is a big lawsuit which will ultimately be paid for by Kaiser's members. That will cost more than doing the right thing in the first place - to compensate this woman for exactly what Kaiser had taken away from her.

And this woman will also be owed out-of-pocket expenses and damages, since Kaiser chose to put her through the ordeal of an adversarial process. How long has this poor woman been pursuing this? What have her out-of-pocket expenses already been? In my experience, it takes seven months just to go through Kaiser's phony Dispute Resolution Process. It takes another few months after that just to get a half-hour interview with the EEOC. This woman has probably already been through months of mistreatment as she just struggled to get Kaiser to hear her. If the litigation process continues, Kaiser will try to win it by smearing her all over the press and slipping awful lies into the legal papers in hopes the press will pick them up and that the woman will be upset enough to accept whatever deal Kaiser deigns to offer her. When did "threat to continue to lie" about an opponent become acceptable leverage in litigation? I hope the EEOC will help this poor woman get justice.

Update: If Kaiser does settle with this case, someone should let this woman know that Kaiser has a history of retaliating against people who prevail in employment lawsuits.



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(Anonymous)
2005-09-02 02:38 pm UTC (link)
The parallell's between Kaiser and the Bush Administration is remarkable. Each operates within in a delusional world of self-promotion absent of any mature self examination. Each has front people, Schifgens for Kaiser and Scott McLellan for Bush who shamelessly lie about any one who dares expose the truth. Each is bereft of decency, honor, and competence. Yet each manages to evade accountability due to a jaded, cynical, apathetic public. The media simply regurgitates the propanda of each without properly questioning or examining the data available. As we can no longer trust that our corporate and poltical leaders will do the right thing, it is incumbent upon each of us as citizens to stand up and support those who are victimized. As we can no longer rely upon the media to keep us informed of the truth it is incumbent upon each of us to contribute to the public as you are with your blog a critical and watchful eye upon those who claim to serve the public interest.

We get the society we deserve. Right now we have a President who slashes FEMA funding 44% to finance tax cuts for the wealthy and imperialism, ingnores warnings about terrorist attacks and broken levees in New Orleans, and retaliates against anyone who attempts to shed light upon their darkeness. And we have a managed care health corporation in Kaiser that will sacrafice truth and decency at the altar of profit with every opportunity.

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[info]corphq
2005-09-02 04:48 pm UTC (link)
//We get the society we deserve.//

I couldn't agree more.

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(Anonymous)
2005-09-02 10:59 pm UTC (link)
Kaiser -- some departments good to work in but most not. Southern California Kaiser is an outrage to anyone who considers ethics, honesty, fairness, etc. good things. They seem to train their managers, or kaiserize them, to be mean, dirty dealing, dishonest, put people in no win situations because no matter what they do they are wrong, etc., etc., etc. As for the issue of confidential information going out over the net -- harumph. I worked in a Kaiser facility in Southern California and one day a report from Northern California popped right up on my screen and the report I had been working on disappeared -- probably going to Northern California. It's too bad our country is not pushing vultures like Kaiser out of business.

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[info]corphq
2005-09-03 12:27 am UTC (link)
// train their managers, or kaiserize them, to be mean, dirty dealing, dishonest, put people in no win situations//

Yep, that would be my point.

As for the no win situations, they do that so managers will arbitrary power over you. That way your always under threat of being "reported" for doing something wrong. Also, this gives the manager the discretionary power to downplay or ignore good work.

I think the corporate theory is that workers will be more pliable and docile if manager's have arbitrary powers and the workers can't predict the outcome of any action. This is a bad plan. It might keep people intimidated and overworking in the short run, but it will breed discontent, disloyalty, and turnover in the long run. Hopefully, Kaiser will eventually start to think of its longterm reputation as an employer.

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(Anonymous)
2005-09-03 04:10 am UTC (link)
Also, this gives the manager the discretionary power to downplay or ignore good work.

but the managers DO ignore good work. From my years of experience at Kaiser I have seen the smartest, most loyal, hardworking, most knowledgeable and people going the extra mile every day because it is part of their nature virtually run out by kaiser managers -- the managers, in my experience and tenure there, have repeatedly shown preference for those employees who are not too smart, in fact, kind of dumb, as well as for the trouble makers, the cheaters and liars ad infinitum. Like they say, birds of a feather flock together -- if you have integrity, intelligence, you will not fit in at Kaiser.

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[info]corphq
2005-09-03 06:52 am UTC (link)
/managers DO ignore good work//

Yes, because Kaiser managers see good work as threatening. It has to be the stupidest, most counterproductive workplace environments ever.

//extra mile every day because it is part of their nature virtually run out by kaiser managers//

Yep, that's what I'm trying to call attention to. Eventually the folks at the top will stop running around and covering up their mistakes long enough to realize they could actually be saving/making money by addressing this problem. I'm not their enemy except to the extent they make me out to be one.

//if you have integrity, intelligence, you will not fit in at Kaiser.//

Yes, and this makes me cry every night. I was really grateful to get my job at Kaiser because I thought that I could feel good about a job working in health care. The very qualities a person has that would draw them to health care are the ones Kaiser managers set out to destroy. Kaiser managers also encourage people to work long hours (i.e., hourly workers literally work undocumented time for free), with the vague idea that sacrifice now will lead to job stability and a good career. To extract that labor up front and then to take away a person's livelihood without even acknowledging that investment is pure thievery. Kaiser is in the slave trade. Someone needs to call them on that.

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Lawless corporate monsters
(Anonymous)
2005-09-06 03:01 am UTC (link)
As I told you privately (I know you know who I am LOL), I have corresponded with the woman involved in the pregnancy discrimination lawsuit. She said EXACTLY what the rest of us say:

Someone needs to show Kaiser it isn't above the law.

That's absolutely what Kaiser thinks too, and one high level executive as much as told me so during my own Kaiser dispute...that people can't stop them.

I don't believe it's impossible, and we're all chipping away a little bit at a time. Kaiser doesn't have as good a reputation as it claims. Saying so in a press release or overpriced ad campaign don't make it so, and they know it.

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Re: Lawless corporate monsters
[info]corphq
2005-09-06 03:28 am UTC (link)
What worries me now, thanks to my own experience, is that if there is no recourse to the law, then what's left? What are we supposed to do?

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Re: Lawless corporate monsters
(Anonymous)
2005-09-06 07:49 am UTC (link)
I like to look at the big picture. Everyone won't win, but some people will, and each one who does makes it easier for the next guy. I'm personally satisfied helping other people avoid the mistakes I made.

I have never seen the activism as an attempt to bring Kaiser down completely because that's not realistic. When they change their policies, even gradually, we're making progress.

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Re: Lawless corporate monsters
[info]corphq
2005-09-06 05:38 pm UTC (link)
I hope so!

I'm especially thrilled about the EEOC case. In the past, Kaiser has just been getting away with destroying the evidence to deflect the EEOC instead of acknowledging the reason society endowed people with legal protections. Kaiser has responded to laws intended to protect people with practices that do even more damage. Now a person not only has to deal with initial harm, they have to deal with Kaiser "reshaping perceptions" of reality and smearing them. For me, the attempts to overwrite reality are worse than the character attacks, because corporations have whole organizational structures dedicated to maintaining the lie. There is nothing worse you can do to a person than to deny the reality they live in.

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Re: Lawless corporate monsters
(Anonymous)
2006-02-15 05:09 pm UTC (link)
For those of you following the pregnant nurse fired by Kaiser - I'm related to her. Her case began in the Honolulu courts on 14 Feb 2006 after the judge wondered why Kaiser wanted to settle out of court for a pittance. She had returned to California, awaiting the outcome and had gotten another position, and now runs the risk of losing that job by having to take off to Hawaii to appear in court. Also, you should know, she is not alone in this case. Once her case became known, several other women came forward who where also fired by the same Nursing Supervisor for being pregnant. They are there fighting for their rights also.

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Re: Lawless corporate monsters
[info]corphq
2006-02-15 05:44 pm UTC (link)
I understand this problem completely! This is part of why it's impossible for regular people to use the court system right now. It takes a ridiculous amount of time that you never get compensated for, and you may not be able to do it at all if you can't take a lot of time off for work.

Is it okay if I feature this in a blog entry? I'd love to highlight the other women involved. Please feel free to email me at kaiser_scapegoat@hotmail.com with exactly what you want me to say.

And lawless corporate monsters is right - Kaiser just destroys evidence and then lies in court. This is going to become public knowledge if it's the last thing I do!

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(Anonymous)
2005-09-06 08:00 pm UTC (link)
Kaiser is the living empitome of feculence. They contribute nothing to the human condition and debase all who come into contact with them: patients as well employees. It would be interesting to see a credible study that examines just how many lives they've destroyed.

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[info]corphq
2005-09-06 09:55 pm UTC (link)
I'd just like to see employees and patients/customers unite in the realization that the same dishonest practices are the source of most of their problems. Society is failing to discourage Kaiser from lying to get away with whatever they want. Therefore, nothing is inhibiting Kaiser's "business decision" to just tell a lie.

The most disappointing thing about the legal system is that it seems to be set up to generate paperwork to reinforce these lies instead of protecting the relatively defenseless individual from them. I still can't believe that people are required to pay and put in a lot of work just to uphold fundamental rights: in other words, people who are too poor or unable to do the work must relinquish their rights. When historians a thousand years from now are looking back on this era, I believe this will be the great shame of our current civilization.

(Reply to this)(Parent)


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