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Wednesday, September 19, 2012

Filipino Hospital Workers in California Wins Settlement over National Origin Discrimination Raps

In California, dozens of Filipino workers are about to receive nearly $1 million in settlement to the national origin discrimination lawsuit that they filed against an acute care hospital in San Jose Valley, California.

According to the Equal Employment Opportunity Commission, about 70 Filipino-American nurses and medical staff members were subjected by Delano Regional Medical Center to employment discrimination.

The complainants claimed in their lawsuit that they were the targets of disparaging remarks, undue scrutiny, and discipline particularly when they were speaking with a Filipino accent or in Filipino languages such as Tagalog and Ilocano.

For almost six years, the complainants suffered from hostile working environment as they were singled out for reprimands and implored to speak English even during meal breaks while others were allowed to speak in their native language such as Spanish.

Furthermore, according to the EEOC’s official press release, some hospital staff routinely poked fun at the Filipino-American workers due to their accent. Also, some of the complainants claimed that other hospital staff would sarcastically tell them to speak English even when they were already speaking in English.

Other complainants likewise claimed that they endured humiliating threats of arrest if they failed to speak in English and were told that they will be deported back to the Philippines if they did not speak English. Moreover, on one occasion, a hospital employee sprayed air freshener over one of the complainant’s lunch due to the abuser’s self-proclaimed hatred of Filipino food.

Also, the complainants further attested that during a special meeting way back in 2006, they were warned by the hospital’s chief executive and management not to speak Tagalog and told that a surveillance camera would be installed if necessary just to track offenders.

Allegedly, about 115 Filipino-Americans initially signed a petition reporting the employment discrimination and harassment to the hospital’s management but the latter failed to conduct any corresponding action to stop the abuse. Consequently, the complainants eventually decided to bring the case to the EEOC.

After a series of investigations and legal processes, the hospital finally agreed to pay the monetary relief amounting to $975,000.00 to the complainants as part of the settlement aside from other terms and legal sanctions provided by the EEOC.

In connection herewith, employees should keep in mind that under California employment laws (Read More) , employers can legally require workers to speak, if and only there is a business necessity.

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