Nevada Complex Litigation

Workplace Violence Resources and Links

                                                                                                                                  While preparing for a presentation to the Risk and Insurance Management Society (RIMS), I came across the following list of Workplace Violence Resources.  I believe you will find them helpful.                                                                                          

Aspen, Jack, “Navigating the Workplace Violence Maze: How Identifying the Risks and Setting Controls Can Help Protect Your Workers”.  US Insurance News, December 2007.
http://www.usnow.com/documents/articles/us_insur_news_dec07.pdf

“Chart Package for Survey of Workplace Violence Prevention”.  US Department of Labor, Bureau of Labor Statistics,  October 27, 2006.  http://www.bls.gov/iif/oshwc/osch0033.pdf

“Combating Workplace Violence, Guidelines for Employers and Law Enforcement”.  International  Association of Chiefs of Police.   http://www.theiacp.org/pubinfo/pubs/pslc/pslc1.toc.htm

“Dealing with Workplace Violence, A Guide for Agency Planners”.  US Office of Personnel Management, Office of Workforce Relations, February 1998.  http://www.usda.gov/oig/webdocs/full.pdf

“Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers”.   MEDCEU.  OSHA-Workplace Violence 2007 Update.
http://www.medceu.com/index/index.php?page=get_course&courseID=1813&nocheck

“Preemployment Background Screening Guideline”.  ASIS International, September 2006.
http://www.asisonline.org/guidelines/guidelinespreemploy.pdf

“Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments”  US Department of Labor, Occupational Safety and Health Administration, 1998. http://www.osha.gov/Publications/osha3153.pdf

“Survey of Workplace Violence Prevention”.  US Department of Labor, Bureau of Labor Statistics, October 27, 2006.  http://www.bls.gov/iif/oshwc/osnr0026.pdf

Turner, James T. and Michael G. Gelles, Threat Assessment, A Rick management Approach.
New York: The Haworth Press, 2003.

“Workplace Violence Prevention and Response Guideline”.  ASIS International, September 2005.
http://www.asisonline.org/guidelines/guidelineswpvfinal.pdf

"Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers" US Department of Labor, Occupational Safety and Health Administration, 2004 http://www.osha.gov/Publications/OSHA3148/osha3148.html   

"Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers" Forty-seven slide Power Point presentation US Department of Labor, Occupational Safety and Health Administration, 2004 http://www.osha.gov/dcsp/ote/trng-materials/wp-violence/healthcare/index.html 

UPS Settles Employee Whistleblower Lawsuit

A confidential settlement between United Parcel Service (UPS) and Daniel B. Peterson is awaiting judicial approval.  Peterson claims he was fired for complaining that trucks were not roadworthy.  He had filed a lawsuit seeking $2 million in damages.

Peterson was hired as a full time mechanic in 1999.  Mr. Peterson had claimed he removed inspection stickers from four trucks in March 2006 against management orders even though the trucks had significant safety problems including cracked frames.

Only 4 days later, Peterson was fired.  UPS alleged "falsification of company and legal documents, poor workmanship in the repairs you made to the vehicles and failure to follow methods and procedures."

UPS claims that Peterson was not fired for being a whistleblower.  Court documents state he was fired for failing to complete inspection and maintenance records accurately, demonstrating poor workmanship and violating state motor vehicle regulations by unlawfully removing inspection stickers.

As for terms of the settlement, they usually include a confidentiality agreement, and based on the following quote, this one is no exception.

Steven Bennett Blau, the attorney representing Mr. Peterson, said "Everything's confidential, It was resolved to the satisfaction of all parties."

In addition to the lawsuit, Peterson’s claims led to an investigation by the New York State Attorney General’s office to determine if UPS’s actions violated any state laws or the Federal Whistleblower Act.

A spokesman for the attorney general's office in Albany, said that the office's investigation remains open, but declined further comment.

UPS Did Not Act With Malice or Reckless Indifference in Firing Todd Sturgill

In another UPS employment lawsuit, the following is directly from BusinessWeek:

United Parcel Service Package Driver Sues United Parcel Service
03/1/2008
"A United Parcel Service package driver sued United Parcel Service Inc. for religious discrimination and failure to accommodate his religious beliefs. The driver claimed that as a member of the Seventh Day Adventist Church, he is unable to work past sundown on Fridays through sundown on Saturdays. He communicated this to his manager, who sent a request to human resources. UPS denied his request based on its needs and his collective bargaining agreement. It did suggest that the driver bid on another type of position when it became available. The driver contended that when he could not complete work before sundown one Friday, UPS terminated him illegally. UPS denied discrimination and contended that it was unable to accommodate the driver's schedule and that the driver abandoned the job when he left packages undelivered. Plaintiff Verdict: $311,167. The jury found that UPS did not discriminate against the driver, but it failed to reasonably accommodate him. Consequently, the jury awarded $103,722 in compensatory damages and $207,445 in punitive damages."

The results and/or dates in this lawsuit are a little fuzzy.  The following appeared in a story from the Adventist News Network, dated January 16, 2008:

"The 8th U.S. Circuit Court of Appeals ruled that a former driver for United Parcel Service (UPS), Todd Sturgill of Springdale, Arkansas, will keep his award of nearly US$104,000 in lost wages and court fees from an earlier district court ruling and will get his job back.

The 8th Circuit justices reversed the award of $207,000 in punitive damages, saying UPS did not act with malice or reckless indifference."

In a nutshell, Todd Sturgill was fired by UPS, filed a religious discrimination lawsuit, a jury found in his favor, the Court of Appeals reversed the punitive damages award leaving Mr. Sturgill with $104,000 and his job back.

San Francisco Police Settle Reverse Discrimination Lawsuit for $1.6 Million

In 2003 twelve San Francisco Police Officers sued the Police Department alleging that black officers were being favored for promotions to lieutenant. While the city admitted no wrongdoing, a settlement was reached 2 years ago. The settlement was delayed by the City’s approval process and decisions about how to split the proceeds among the plaintiffs.

From 1999 to 2003 thirty-nine lieutenant promotions were made after testing.  The suit claimed that 5 black officers were promoted to lieutenant while better qualified officers had been passed over. 

Lawyers for the plaintiffs - nine white officers, two Latinos and an Asian American – claimed that such results were statistically impossible without preferential treatment.

San Francisco Police officials have said that race was not a factor in the questioned promotions, all of which were made under acting Chief Alex Fagan who is no longer with the department.

After attorneys fees, one officer will receive $200,000, eight will receive $100,000 each and three will receive $50,000 each. 

Alexis Thompson, spokeswoman for City Attorney Dennis Herrera said “This settlement puts to rest old challenges to a series of old promotions under an old administration."

The case was not unique.

In December of 2007, a jury found in favor of U.S. Drug Enforcement Administration (DEA) Agents George W. Marthers III and Jude T. McKenna who claimed that their supervisors created a hostile work environment because the agents are white.  The jury determined that the supervisors retaliated against the agents after the agents filed an internal complaint and a complaint with the Equal Employment Opportunity Commission.

The jury awarded awarded $7 Million.  But Marthers and McKenna will only see a fraction of that award because employment-discrimination claims against the federal government are capped at $300,000 per plaintiff.

If your company has been accused of discrimination, or might be by a current/former employee, time is of the essence.  Contact me today at 702-382-5111 or email.

Whistleblower Earns $47,000 Reward From US Government

The Dallas Independent School District will repay the US Government $336,000 in HIV Education grant money according to settlement terms of a whistleblower lawsuit. 

The whistleblower, Becky Beck had complained to supervisors and filed a grievance stating that the funds paid over a 3 year period were not being used as earmarked, but the district took no action.  

According to her attorney, instead of using funds from a CDC grant to pay for 2 full time employees to provide HIV education in the district, Ms. Beck was doing CPR training and writing curriculum while being paid with CDC funds.

Her attorney also said that the school district took the CDC grant money and "pretty much did whatever they wanted to with it."

School District spokesman Jon Dahlander said the district settled the lawsuit to "avoid delay, uncertainty, inconvenience and expense of protracted litigation."  The district has admitted no wrongdoing.

Ms. Beck has earned a $47,400 reward from the US Government for exposing the school district’s deception.