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Lawsuits & regulatory action against companies: General materials 1 July 2002 to present |
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1 July 2002 to present:
2003:
EU assembly tells polluters to pay debts to nature - The European Parliament approved a bill on Wednesday that would force companies to pay to clean up the mess they create in nature. (Robin Pomeroy, Reuters, 14 May 2003)
Union wins Wal-Mart fight [Canada] - B.C.'s [British Columbia's] Labour Relations Board has ruled Wal-Mart violated the rights of workers at its Quesnel store by interfering with efforts to unionize the store. (CBC News British Columbia, 12 May 2003)
Firm heavily fined over roadworker's death [UK] - A6 accident was French-owned company's third fatality - Road contractor Lafarge was fined £175,000 on Wednesday after a worker was killed when hit by two cars on the A6 at Wilstead. (Bedford Today, 10 May 2003)
Suit Says ChevronTexaco Dumped Poisons in Ecuador - A group of American lawyers representing more than 30,000 indigenous people in Ecuador filed a $1 billion lawsuit against the ChevronTexaco Corporation yesterday. The suit was filed in Ecuador on behalf of 88 plaintiffs in Lago Agrio, a small oil town in northern Ecuador, and asserts that during two decades of operation, from 1971 to 1992, ChevronTexaco dumped over four million gallons a day of toxic wastewater, contaminated with oil, heavy metals and carcinogens into open pits, estuaries and rivers. It also says the company left behind nearly 350 open waste pits that killed people and animals. (Abby Ellin, New York Times, 8 May 2003)
Gold Fields faces $7bn uranium exposure suit - Lawyers acting on behalf of more than 500 former employees of Gold Fields, South Africa's second largest gold producer, will file a suit on Monday in New York seeking damages of up to $7bn. (Nicol Degli Innocenti, Financial Times, 4 May 2003)
Sex discrimination cited at Wal-Mart [USA] - Women accuse Wal-Mart - Lawyers seek OK for class-action suit - Lawyers suing Wal-Mart for sex discrimination in pay and promotions made their case Monday for a nationwide class action on behalf of 1.5 million women (Bob Egelko, San Francisco Chronicle, 29 Apr. 2003)
Discrimination suit against Supervalu cleared for trial [USA] - Scratched out on a hotel memo pad, the notes referring to a restructuring plan at Supervalu Inc. included a harsh description of the purpose: "This is how we stay legal to eliminate the old people from the system and wipe the slate clean." (Julie Forster, Star Tribune, 28 Apr. 2003)
Occidental Sued in Human Rights Case - The oil firm, accused of aiding a deadly military assault in Colombia, joins list of U.S. firms charged in overseas incidents. - The list of corporations sued in American courts for their alleged involvement in human rights violations in foreign countries grew longer Thursday, when Occidental Petroleum Corp. was accused of aiding a deadly military assault on a Colombian village. (Lisa Girion, Los Angeles Times, 25 Apr. 2003)
26 sue turf club [Malaysia] - Twenty-six former Penang Turf Club workers are suing the club for alleged wrongful dismissal...They also claimed that their dismissal was prompted by their active involvement in the formation of the Penang Turf Club Race Day Workers' Union. (The Star [Malaysia], 22 Apr. 2003)
Human rights, salary at issue for Coca-Cola - Coca-Cola should...use its influence in Colombia to encourage greater protections of human rights. These were just a few of the more controversial proposals members of the Atlanta company's board of directors fielded from some of the 400 shareholders gathered here Wednesday for Coke's annual meeting...Perhaps the most controversial proposal concerned allegations that the company's plant managers used paramilitary groups to intimidate and kill eight union organizers at a bottling plant in Barrancabermeja, Colombia...Coke denies that it is in any way responsible...Richard Shaw of the AFL-CIO implored the company to take a more active role in helping protect the union organizers. Deval Partrick, Coke's general counsel, said the company has gone as far as providing security for Colombian individuals being threatened. (David Kaplan, Houston Chronicle, 17 Apr. 2003)
Coca-Cola karma: irony in advertising? -...Today, the Coca-Cola Company is holding its annual shareholders’ meeting. One participant will be William Mendoza...the President of the National Food Industry Workers’ Union in his hometown of Barrancabermeja...Paramilitary groups have killed seven employees of Coca-Cola bottlers – all union members – in Colombia since 1990. Mendoza claims that he is among 65 union members who have received death threats from paramilitary groups. (Rick Stern, Montana Kaimin [USA], 16 Apr. 2003)
S.Africa Plans Payment to Apartheid Victims - South African President Thabo Mbeki said on Tuesday his government would make a one-time payment of $3,890 each to more than 19,000 victims of apartheid identified by the country's truth commission. But Mbeki said the government would not follow a recommendation by the Truth and Reconciliation Commission (TRC) to levy a wealth tax on South African business to help pay for reparations...He also signaled the government's opposition to a slew of class-action lawsuits filed in U.S. courts by lawyers acting on behalf of apartheid victims seeking billions of dollars in compensation from foreign and South African corporations accused of propping up or benefiting from nearly half a century of white-minority rule. (Gershwin Wanneburg, Reuters, 15 Apr. 2003)
{···français} Apartheid: des firmes sommées de réparer - Des plaignants sud-africains réclament des milliards de dollars ( Sabine Cessou, Libération, 12 avril 2003)
EPA to investigate claim that DuPont withheld study of Teflon-related chemical [USA] - An environmental advocacy group asked the Environmental Protection Agency on Friday to investigate whether chemical maker DuPont Co. withheld an internal study that showed health risks from an unregulated chemical used to make Teflon. (John Heilprin, Associated Press, 11 Apr. 2003)
Court says Granite City Steel broke labor laws [USA] -...The ruling won't ban the hidden cameras, but it will force National Steel Corp., which owns the Granite City plant, to talk about them when negotiating contracts with the 10 unions representing plant workers. (Michael Shaw, St. Louis Post-Dispatch, 11 Apr. 2003)
Nike: Free Speech or "False Promises"? - On Apr. 23, the U.S. Supreme Court will hear charges that Nike committed consumer fraud by making false statements about the labor conditions in its overseas factories. (Aaron Bernstein, Business Week, 9 Apr. 2003)
Corporations as Good Global Citizens - Governments have to encourage better corporate behavior at home and abroad -...Some of the world's most prominent firms have been sued in American, Australian, Canadian, Belgian, and British courts for allegedly aiding and abetting human rights violations by governments of developing countries. Other stakeholders have used proxy fights, consumer boycotts, or public pressure to ensure that multinationals adopt corporate social responsibility strategies...Great Britain, the Netherlands, and Canada are doing the most to promote global corporate social responsibility. [refers to UK and Netherlands governments promoting OECD Guidelines for Multinational Enterprises; refers to Canada's standards for ethical procurement by the government] (Susan Ariel Aaronson & James Reeves, Global CSR Policies Project at Kenan Institute of Private Enterprise, Kenan Flagler Business School, University of North Carolina, in YaleGlobal, 8 Apr. 2003)
Trial Begins in Bias Suit by Deaf U.P.S. Workers [USA] - Lawyers for 900 deaf workers at United Parcel Service argued today as a trial in their discrimination lawsuit opened that the company had excluded them from numerous job categories and generally limited them to bottom-rung positions. (Steven Greenhouse, New York Times, 8 Apr. 2003)
2 Companies Said to Agree to Settle Suits on Emissions [USA] - Alcoa and Archer Daniels Midland have agreed to settle federal air pollution complaints by upgrading smelters and other factories at a cost the government estimates at $700 million (Jennifer Lee, New York Times, 8 Apr. 2003)
US firm faces $1bn claim for complicity [South Africa] - Fluor, the biggest US publicly traded engineering and construction company, faces a $1 billion claim by black former workers who allege they were discriminated against under apartheid. Anglo American, the world's second-biggest mining company, and diamond producer De Beers also face a lawsuit by former employees who say they were enslaved, beaten and tortured under apartheid. Lawyer Ed Fagan said a lawsuit would be filed today in California federal courts. The suit will argue that Fluor paid blacks less than whites and that the company helped repress workers during a 1987 strike in which two were killed. (Jonathan Rosenthal and Antony Sguazzin, Business Report [South Africa], 7 Apr. 2003)
Director arrested for Brazilian disaster - Brazilian authorities Monday arrested an administrative director of the paper and pulp company [Felix Santana of the Cataguases Paper and Pulp Co.] blamed for a recent chemical spill, considered by some to be the worst environmental catastrophe in the country's history. (Carmen Gentile, UPI, 7 Apr. 2003)
Blacks join to dump harmful waste sites [USA] - They say a form of 'racism' puts facilities that process hazardous materials in their communities. -...Like Baker, citizens in many poor, black communities around Alabama and the South in recent years have fought companies that have located pollution-spewing industrial plants, hazardous landfills and waste incinerators near homes and schools. Known as "environmental racism," the practice of locating such toxic operations near politically powerless blacks has been stymied by emerging citizen groups. [refers to lawsuits against chemical plant in Anniston, Alabama - defendants were Monsanto, Solutia, Pharmacia; also refers to Waste Management Inc, Shintech Inc] (Dave Bryan, Associated Press, 6 Apr. 2003)
Pratt & Whitney faces tumor lawsuit [USA] - A lawsuit will be filed against Pratt & Whitney Aircraft and its parent, United Technologies Corp., alleging the companies were responsible for the death or disability of employees due to brain tumors. (Ann DeMatteo, New Haven Register, 5 Apr. 2003)
Congress plans to aid gun makers [USA] -...Congressional Republicans have renewed their efforts to pass a bill that will grant gun companies immunity from prosecution in the courts...The legislation seeks to prevent victims of handgun violence from suing gun makers for not adding safety features to guns and for making their distribution too easy. (Steve Schifferes, BBC News, 4 Apr. 2003)
Apartheid suit hits shares in Anglo American - Shares in dual-listed mining group Anglo American fell in London and Johannesburg on Friday as news broke of a lawsuit brought against the company on behalf of victims of the apartheid regime. (Rebecca Bream & Nicol Degli Innocenti, Financial Times, 4 Apr. 2003)
Sex bias ruling set to shake up bonuses [UK] - City employers were yesterday warned not to use "opaque" bonus schemes to circumvent equal pay rules as Louise Barton, the former top-ranking media analyst, won her appeal in a discrimination claim against Investec Henderson Crosthwaite. (Nikki Tait, Financial Times, 4 Apr. 2003)
Dillard Trucking settles sex suit [USA] - Byron-based Dillard Trucking settled a sexual harassment claim with two former employees for $85,000, the U.S. Equal Employment Opportunity Commission reported Wednesday. (David Whelan, Contra Costa Times, 3 Apr. 2003)
Coke bottler faces death suit - A US court has ruled that Coca-Cola's main Latin American bottler can stand trial for allegedly hiring right-wing paramilitaries to kill and intimidate union leaders in Colombia...Panamerican Beverages (Panamco), Coca-Cola's main bottler in Latin America of which it owns about 25%, and Colombian bottler Bebidas y Alimentos now face a trial. But District Judge Jose E Martinez in Miami excluded the Atlanta-based drinks giant Coca-Cola and its Colombian unit because its bottling agreement did not give it "explicit control" over labour issues in Colombia. (Stefan Armbruster, BBC News, 2 Apr. 2003)
Ga. Power race bias suit thrown out - Plaintiffs' attorneys say they'll appeal [USA] - A high-profile racial discrimination case fueled by allegations that Georgia Power did nothing about nooses hanging at its facilities was thrown out by a federal judge this week...The case was brought against Georgia Power and its parent, Southern Co. (Margaret Newkirk, Atlanta Journal-Constitution, 2 Apr. 2003)
Intel e-mail case heads to state high court [California] - Ruling could redefine parameters of free speech rights in cyberspace - When Ken Hamidi was fired from Intel over a work injury dispute...the engineer sent six e-mail messages to thousands of Intel employees from 1996 to 1998, criticizing the computer giant's employment practices. Intel asked Hamidi to stop and tried to block his e-mails, but to no avail. (Harriet Chiang, San Francisco Chronicle, 2 Apr. 2003)
Former Post editor files $8 million discrimination suit [USA] - A former high-ranking editor at the New York Post filed an $8 million discrimination lawsuit against the paper [owned by News Corp.] Tuesday, claiming she was forced out of her job because management wanted an all-male leadership team. (Erin McClam, Associated Press, 1 Apr. 2003)
Legal case for doing the right thing -...As a wave of legal actions - such as a case alleging that Unocal, the US oil company, used forced labour in Burma - put business responsibility on trial, the voluntary versus mandatory debate is increasingly being overtaken by the law. Many question whether a law passed in 1789 - the Alien Tort Claims Act, through which some US courts have allowed lawsuits that allege US companies have violated international laws abroad - should be used in this way. But whatever the outcome of such cases (no company has yet made any payment) and the result of the debate, the potential liability of multinational companies in relation to corporate responsibility is becoming harder to ignore...Laws on misrepresentation or false advertising can come to bear on what companies voluntarily disclose about themselves. Currently under the spotlight is Nike, which was sued by Marc Kasky, an activist who alleged the company made false statements in press releases about its labour practices...Many of the legal challenges facing companies today are examined in a report released last month. Prepared by the International Institute for Environment and Development, it aims to demonstrate how the law is shaping corporate responsibility. (Sarah Murray, Financial Times, 31 Mar. 2003)
Bhopal Gas Victims to File Appeal in US Court - Victims of the world's worst-ever industrial disaster said Friday they would continue their fight for compensation despite a United States court's March 20 dismissal of their claim for damages in a protracted law suit against American multinational Union Carbide. (OneWorld South Asia, 28 Mar. 2003)
Company sued for flouting job laws [Bahrain] - A Bahrain company which employed 32 expatriate workers illegally has been taken to court, as part of a government campaign to enforce labour laws...More labour inspectors have been recruited and inspections stepped up, said Labour and Social Affairs Ministry labour inspection head Shaikh Ali bin Abdulrahman Al Khalifa..."As it is a human rights issue, we shall study the cases of illegal workers with the embassies concerned, as well as the human rights organisations." Shaikh Ali said his inspectors would also visit labour camps to ensure that the workers' accommodation meets the necessary safety and hygiene conditions. (Soman Baby, Gulf Daily News [Bahrain], 24 Mar. 2003)
An Age Of Discrimination? The U.S. sees an increase in suits complaining of age and religious bias -...Although EEOC complaints are relatively easy to file, they face tough outcomes. Only about 20 percent of the complainants prevail. [refers to age discrimination complaint against Seal Dynamics; religious discrimination complaint against Computer Sciences Corp., Foot Locker Inc., Ford Motor Co.] (Carrie Mason-Draffen, Newsday, 23 Mar. 2003)
Friendly's settles claim of discrimination [USA] - A charge four mentally retarded people were refused service at a Friendly's restaurant has led the chain to establish a new anti-discrimination policy and give the Wrentham Developmental Center money for recreational trips. (Laura Crimaldi, MetroWest Daily News, 22 Mar. 2003)
Government promises to name racist employers [UK] - Racist employers are to be named as part of government measures aimed at ending all discrimination in the workplace within 10 years. (Paul Waugh, Independent [UK], 22 Mar. 2003)
Judge: Tyson Foods immigration case going to jury [USA] -...A Tyson personnel manager Thursday disputed earlier testimony, saying there was no 9-year-old working at a Missouri poultry plant. Ahrazue Wilt, the company's complex human resources manager in Sedalia, agreed with earlier testimony that a 14-year-old Hispanic worker was injured on the job at the plant. Wilt said a subsequent U.S. Department of Labor investigation found "about five" underage workers. (Bill Poovey, Associated Press, 21 Mar. 2003)
Philip Morris ordered to pay $10.1 billion in ``light'' cigarette suit [USA] - A judge ordered Philip Morris USA on Friday to pay $10.1 billion for misleading smokers into believing its "light" cigarettes are less harmful than regular labels. (AP, in San Francisco Chronicle, 21 Mar. 2003)
Suit Alleging Firm Aided Genocide Proceeds - A Southern District of New York federal judge has refused to dismiss claims that a Canadian oil company abetted genocide by the government of Sudan against its own people. Talisman Energy Inc. had asked Judge Allen G. Schwartz to dismiss the case brought by plaintiffs who said the company was complicit in a campaign of kidnapping, rape, murder and land confiscation conducted by the government against non-Muslim residents who lived within a 50-mile radius of oil fields and transport systems. (Mark Hamblett, New York Law Journal, in New York Lawyer, 20 Mar. 2003)
Pakistani-American Workers to Share $1.11 Million in Harassment Settlement with Stockton Steel [subsidiary of Herrick Corp.] [USA] - Muslim Employees Ridiculed While Engaging In Prayer Obligations, EEOC Suit Says (U.S. Equal Employment Opportunity Commission, 19 Mar. 2003)
USA: Judge Tosses Bhopal Lawsuit - A federal judge threw out a lawsuit Tuesday that sought damages for those living near the deadly 1984 gas leak that killed thousands in Bhopal, India, saying Union Carbide Corp. had done enough and that too much time had passed. (Larry Neumeister, Associated Press, 18 Mar. 2003)
Silver Bay man wins age discrimination lawsuit [USA] - The court rules the employer [Anderson Fuel and Lubricants Inc.] was wrong to demote the man after his heart surgery. - A Silver Bay man was awarded a $157,000 judgment after a court determined that a Superior company was guilty of age discrimination and reckless indifference to the Minnesota Human Rights Act in firing him. (Mark Stodghill, Duluth News Tribune, 18 Mar. 2003)
Race discrimination victim still waiting for tribunal cash award [UK] - A Rastafarian who won a race discrimination tribunal against his employers [Adam Fire Surrounds Ltd] is still waiting for his compensation. (Huddersfield Daily Examiner, 18 Mar. 2003)
Lawsuit alleging age discrimination against Supervalu headed to trial [USA] (Ann Merrill, Star Tribune, 18 Mar. 2003)
Charges follow deaths at Pacific Steel [New Zealand] - Pacific Steel is to face prosecution over the deaths of two men at its Auckland site last year. (EPMU - New Zealand Amalgamated Engineering, Printing and Manufacturing Union, 17 Mar. 2003)
AARP, Virginia Law Firm Sue Capital One [USA] - The AARP has joined an age discrimination lawsuit filed in Virginia against Capital One Financial Corp. (AP, 16 Mar. 2003)
Ex-firefighter sues DynCorp over dismissal [USA] - Skaggs' lawsuit alleges the company violated Americans with Disability Act and Age Discrimination Employment Act when it fired Skaggs, who is in his early 50s. (Jay F. Marks, Enid News & Eagle, 14 Mar. 2003)
Less money for mining victims - Cape plc’s South African asbestos victims will get only one-third of the £21-million originally promised them by the British-based multinational. (Justin Arenstein, Mail & Guardian [South Africa], 14 Mar. 2003)
Flight attendants lose travel vouchers won in discrimination suit [USA] - Flight attendants who fought Trans World Airlines for almost 20 years over its policy of grounding pregnant employees won't get the free travel they were promised to settle the discrimination case in 1995. A federal appeals court ruled Thursday that American Airlines, which bought bankrupt TWA in 2001, does not have to honor the flight vouchers (David B. Caruso, Associated Press, 14 Mar. 2003)
Use kid gloves in handling claims of discrimination or harassment [USA] - There are simple ways employers can more effectively cooperate with the Equal Employment Opportunity Commission while creating a better environment for the resolution of employment issues. These guidelines will minimize both the risk of claims and potential liability should a claim be asserted. (Stephen W. Schueler, Winstead Sechrest & Minick PC, in Houston Business Journal, 14 Mar. 2003)
Gold Mines Could Face Gencor-Type Lawsuits [South Africa] - Spoor said far more workers had silicosis than asbestosis (Business Day [South Africa], 14 Mar. 2003)
Black workers to receive £45m asbestos settlement [South Africa] - Thousands of black South African workers suffering from asbestos-related diseases yesterday secured multi-million pound compensation deals from two leading mining companies, after six years of legal wrangling in London and Johannesburg. British company Cape has agreed to pay £7.5m in compensation to 7,500 workers, and Gencor, a South African company which took over many Cape operations in 1979, has agreed to set up a trust fund for its workers, worth 448 million rand (£37.5m). Gencor will pay an additional £3.21m to the Cape claimants, who were also exposed to Gencor's operations. (David Black, Guardian, 14 Mar. 2003)
BP faces record fine for spoiling Los Angeles air [USA] - BP is facing a record $320m (£200m) pollution fine and allegations that the oil company submitted false documentation to air quality control regulators (Terry Macalister, Guardian [UK], 14 Mar. 2003)
Pollution agency seeks $319 million from BP Arco [USA] - The South Coast Air Quality Management District filed a lawsuit Wednesday seeking more than $319 million in damages from BP Arco for alleged violations of emissions standards. (Associated Press, 12 Mar. 2003)
Home health care exec hit with $1 million verdict in sex discrimination case [USA] - A federal jury in Minneapolis has awarded a former Mallinckrodt Inc. executive $1 million in lost wages and punitive damages in a sex discrimination lawsuit in which she alleged the company paid her less than her male counterparts but gave her heavier workloads...Mallinckrodt, a subsidiary of Tyco International, manufactures and markets home health care products. (Sherri Cruz, Star Tribune [Minneapolis-St. Paul], 12 Mar. 2003)
Judge Orders Reinstatement, Backpay for Wal-Mart Worker [USA]; Issues Nationwide Remedy for Retailer's Anti-Union Tactics - Labor Board Judge Rules Retail Giant Illegally Tried to Silence Workers - Wal-Mart Ordered to Remove Anti-Union Language from Benefits Materials (UFCW International Union, 11 Mar. 2003)
Rent-A-Center loses another harassment case [USA] - A Kansas City, Kan., jury on Friday awarded more than $1.2 million in damages to a former employee of Rent-A-Center Inc. in a sexual harassment case. (Dan Margolies, Kansas City Star, 11 Mar. 2003)
Factory fined RM20,000 for discharging effluents [Malaysia] - An electronics factory here was today fined RM20,000 by the Sessions Court for discharging effluents above the permissable levels into Sungai Melaka. (A. Hafiz Yatim, New Straits Times, 10 Mar. 2003)
Heavy fines loom for pollution cover-ups [state of Western Australia] - New laws aimed at people and businesses who do not report contaminated sites will be debated in the Legislative Assembly this week. (Steve Butler, West Australian, 10 Mar. 2003)
Doosan chief faces probe over labor feud [South Korea] -...Sources at the Ministry of Labor said yesterday that Park Yong-sung, chairman of Doosan Heavy Industries and Construction, has been asked to appear before a Labor Ministry tribunal by March 13 to face questioning over his alleged involvement in the Doosan company's unfair anti-labor activities. (Yoo Cheong-mo, Korea Herald, 8 Mar. 2003)
Suit accuses Friedman's of racial discrimination [USA] - Friedman's Inc., the Savannah-based jewelry chain, was accused in a federal lawsuit Thursday of racial discrimination against African-Americans in hiring and promotions, and maintaining a racially hostile workplace. (Matthew C. Quinn, Atlanta Journal-Constitution, 7 Mar. 2003)
EEOC [U.S. Equal Employment Opportunity Commission] sues McDonald's restaurant for disability bias against employee with facial disfigurement -...The suit says that McDonald's discriminated against Samantha Robichaud when it denied her the opportunity for promotion to a management position and constructively discharged her due to a cosmetic disfigurement known as Sturge Weber Syndrome. (U.S. Equal Employment Opportunity Commission, 7 Mar. 2003)
$100-million lawsuit questions Bayer's handling of recalled cholesterol drug - A $100-million US lawsuit unfolding in a Texas courtroom has yielded e-mails and internal documents suggesting Bayer Corp. disregarded disturbing research on the cholesterol drug Baycol before pulling it off the market because of dozens of deaths. (Lynn Brezosky, Canadian Press, 7 Mar. 2003)
{···español} PCB en las calles Plantenses [Argentina] - La Defensoría Ecológica de La Plata denunció ayer a la empresa de energía eléctrica Edelap por la utilización de transformadores con la sustancia tóxica PCB luego de que el viernes pasado vecinos de Gonnet presentaran un reclamo ante el organismo en donde afirmaban que por lo menos 10 personas, en una cuadra del barrio donde viven 15 familias, contrajeron diversos tipos de cáncer por la contaminación ambiental. (Página/12 [Argentina], 6 marzo 2003)
Allstate Lawsuit Could Be Largest Age Discrimination Case [USA] - Twenty-nine employees at U.S. insurer Allstate Corp. are seeking class-action status for an age discrimination lawsuit alleging the company targeted older workers when it phased out its Neighborhood Office Agents (Business for Social Responsibility summary of 2 Mar. 2003 New York Times article, 5 Mar. 2003)
Waste management company to pay nearly $200,000 for disability discrimination - Qualified Employee with Crohn's Disease Fired Unlawfully, EEOC Suit Says - The U.S. Equal Employment Opportunity Commission (EEOC) today announced a $194,000 settlement of an employment discrimination lawsuit filed under the Americans with Disabilities Act of 1990 (ADA) on behalf of a qualified former employee with Crohn's disease who was terminated by Browning-Ferris, Inc., a waste management company. (U.S. Equal Employment Opportunity Commission, 5 Mar. 2003)
Black clergy set boycott over alleged financing discrimination [USA] - Black clergy members from numerous states have set a March 15 boycott date against DaimlerChrysler AG unless the automaker addresses allegations of racial discrimination. The unnamed coalition claimed 240 ministers from 14 states met at a Baptist church in Harvey to protest alleged credit practices denying loans to minorities, said Sean Howard, a spokesman for the group. Consumers claiming discrimination have filed a lawsuit against the company's financing arm, DaimlerChrysler Services.. (Associated Press, 3 Mar. 2003)
report: Development Disasters: Japanese-Funded Dam Projects in Asia - This report features case studies of six exisiting or proposed dam projects funded by the Japan Bank for International Cooperation (JBIC). JBIC-funded dam projects in Asia have been fraught with problems, which have led to serious and unmitigated social, environmental and economic impacts, affecting hundreds of thousands of people. [refers to dam projects in Indonesia (Koto Panjang Dam: refers to lawsuit by local people in Indonesia against Tokyo Electric Power Services Co., JBIC & Japanese govt.), Philippines (San Roque Multipurpose Project: refers to San Roque Power Corp., consisting of Marubeni, Kansai Electric & Sithe Energies), Thailand, China, Malaysia] (Rivers Watch East and Southeast Asia, International Rivers Network and Friends of the Earth, Mar. 2003)
Fired ConAgra Worker Wins Race Case [USA] - A line supervisor at an Arkansas poultry processing plant has won a jury verdict of more than $14 million on claims that his firing after 32 years of employment was racially motivated. (Nick Upmeyer, National Law Journal, 26 Feb. 2003)
Beverly Hilton Hotel to pay $220,000 to Group of Job Applicants in Age Bias Case (U.S. Equal Employment Opportunity Commission, 26 Feb. 2003)
EEOC [U.S. Equal Employment Opportunity Commission] Settles Sexual Harassment Suit for $2.3 Million Against SH&E [New York-based airline consulting firm Simat, Helliesen & Eichner] and Reed Telepublishing (U.S. Equal Employment Opportunity Commission, 26 Feb. 2003)
Bayer shares fall as Baycol woes mount - Shares in Bayer AG fell five percent on Monday after a U.S. newspaper reported that senior company executives knew of the risks associated with its Baycol cholesterol drug long before it was recalled. (Sitaraman Shankar, Reuters, 24 Feb. 2003)
New Canaan writer exposes the worst of Wall Street [USA] - Susan Antilla may not describe herself as tough, but she doesn't object to the characterization. After all, it takes a lot of fortitude to investigate gender discrimination and sexual harassment on Wall Street, then write a book that names names and clearly details the offenses. (Eileen Byrnes, Hartford Courant, 23 Feb. 2003)
Analysis: Dow Chemical and Bhopal – the continuing debate on responsibility - Dow Chemical is coming under renewed pressure in 2003 over the long-running issue of the Bhopal accident in 1984. Dale Crofts examines the situation (Dale Crofts, Research Fellow at the Centre for Organisation Reputation and Relationships at Henley Management College UK, in Ethical Corporation Magazine, 22 Feb. 2003)
Factory fined for refusing access to inspector [Australia] - An Adelaide paint manufacturer has been fined $4500 after being found guilty of abusing and barring access to a workplace inspector attempting to measure solvent fumes. (David Eccles, Advertiser [Australia], 22 Feb. 2003)
EEOC [U.S. Equal Employment Opportunity Commission] and Pinnacle Nissan [a Scottsdale, Arizona-based automobile dealership] Settle National Origin and Religious Harassment Lawsuit -...the EEOC alleged that six former employees of Pinnacle Nissan were subjected to a hostile working environment on the basis of national origin, Middle Eastern and Hispanic, and one former employee was subjected to a hostile work environment because of his religion, Jewish. (U.S. Equal Employment Opportunity Commission, 19 Feb. 2003)
Club Owner May Face Charges in Tramplings [Chicago, USA] - The owner of a nightclub where 21 people died in a stampede down a narrow stairway could face fines and more than a year in jail for criminal contempt of court, officials say...Twenty-one people were killed and more than 50 injured early Monday after a security guard used pepper spray to break up a fight that erupted in the second-floor nightclub known as E2. (Mike Robinson, Associated Press, 19 Feb. 2003)
Suit: Hooters changing room had peepholes [USA] - A 25-year-old Northfield woman filed a federal sexual harassment lawsuit Tuesday against Hooters in Chicago, alleging that top management did little to prevent male employees from viewing the women's changing area through peepholes in the wall. (Curtis Lawrence, Chicago Sun-Times, 19 Feb. 2003)
Deaf Job Applicant to Receive $75,000 for Disability Bias in EEOC [U.S. Equal Employment Opportunity Commission] Settlement with Holiday Inn-Northglenn - Company to Also Conduct Comprehensive Training as Part of Consent Decree (U.S. Equal Employment Opportunity Commission, 18 Feb. 2003)
BP gas field 'ravaged the rainforest' - The oil giant's green credentials take yet another battering as its subsidiary is sued in the US courts - In a court action launched in the US state of Delaware earlier this month, BP has been accused of despoiling a 70,000- acre area of largely virgin Argentinian rainforest earmarked for a "sustainable" hardwood harvesting project. (Severin Carrell, Independent [UK], 16 Feb. 2003)
Wal-Mart Faces Lawsuit Over Sex Discrimination - An ambitious discrimination lawsuit against Wal-Mart, the nation's biggest employer, accuses it of favoring men over women in promotions and pay. The plaintiffs' lawyers want the lawsuit to include all 700,000 women who worked at Wal-Mart from 1996 to 2001, which would make it by far the largest employment discrimination class action in American history. (Steven Greenhouse, New York Times, 16 Feb. 2003)
Manpower boss posts bail in probe of Bulgarian worker abuse [Israel] -...Bulgarian construction workers have filed 25 complaints of abuse with police against Tzarfati and his staff. Immigration police are investigating the claims of physical and verbal abuse by the six managers - three Israelis and three Bulgarians, who deny the accusations. (Ruth Sinai, Haaretz [Israel], 15 Feb. 2003)
Firm sued over wells it tainted: San Martin residents worry about health [USA] - Five San Martin homeowners filed a class-action lawsuit Friday against Olin Corp., the giant aerospace and ammunition manufacturer whose highway-flare operation in Morgan Hill contaminated their drinking water wells with a chemical used in rocket fuels. (Frank Sweeney, San Jose Mercury News, 15 Feb. 2003)
Woman wins case vs. Olympia Aviation; said was sexually harassed by Tigers players [USA] - A former flight attendant who said she was sexually harassed by Tigers players scored a $200,000 verdict Thursday in federal court in Detroit. (David Ashenfelter, Detroit Free Press, 14 Feb. 2003)
Lawsuits target drug pricing: Companies' discounts to doctors under scrutiny - New York state filed a lawsuit against two major pharmaceutical companies Thursday in a case that accuses them essentially of paying doctors and pharmacists to choose the companies' drugs over competing medicines...The lawsuits charge that the companies - GlaxoSmithKline PLC and Pharmacia Corp. - gave discounts to doctors and pharmacies that bought their drugs. A third drugmaker, Aventis, has been notified that it may also be sued...Regulators are also concerned that cancer doctors may have a financial incentive to recommend inappropriate or unnecessary chemotherapy because they are able to profit from prescribing particular drugs. (Reed Abelson and Jonathan D. Glater, New York Times, in International Herald Tribune, 14 Feb. 2003)
Judge decides major punitive damages issue in favor of EEOC [U.S. Equal Employment Opportunity Commission] in Dial sexual harassment suit - Trial Set for April 28 in Biggest Sex Harassment Suit Since Landmark Mitsubishi Case (U.S. Equal Employment Opportunity Commission, 13 Feb. 2003)
Griffin Pipe Products to pay $100,000, and implement revamped promotion procedures [USA] - Settlement Benefits African-Americans Denied Promotion to Salaried Positions - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the resolution of its employment discrimination lawsuit against Griffin Pipe Products Company, a subsidiary of Amstead Industries, Inc (U.S. Equal Employment Opportunity Commission, 13 Feb. 2003)
{···français} Une société de cosmétiques [Biophase] condamnée pour discrimination [France] - Six mois de prison avec sursis pour avoir "trié" personnel et clientèle -..."Les clientes arabes et africaines étaient refusées."..."C'est une sanction historique", a commenté son [l'association SOS-Racisme] vice-président, Samuel Thomas. "Les plus lourdes peines prononcées étaient de trois mois de prison avec sursis. Ce jugement est un encouragement pour tous les salariés qui dénoncent les ordres et agissements discriminatoires provenant de leur direction." (Jean-Pierre Tenoux, Le Monde, 8 février 2003)
Radisson Prince Charles Hotel loses harassment case - A former banquet worker has won a judgment of more than $200,000 against the Radisson Prince Charles Hotel and Suites. [USA] (Al Greenwood, Fayetteville Observer, 7 Feb. 2003)
Construction employer to face manslaughter charges over death of worker on a London construction site [UK] (London Hazards Centre, 7 Feb. 2003)
Wal-Mart labor manager works to keep employees from unions [USA] - The slightest discussion of a union among Wal-Mart employees requires managers to jump into action to discourage the activity, company officials told a judge with a federal labor agency Tuesday. But some employees at a store in Aiken have complained they were harassed and interrogated when they talked of organizing a union in the summer of 2001. (Pamela Hamilton, Associated Press, 4 Feb. 2003)
Asbestos Claimants Accept Gencor Offer [South Africa] - Lawyers representing asbestos victims approved a settlement offer from Gencor yesterday...Part of the R460m settlement offer would be set aside for claims against Cape plc (Chantelle Benjamin, Business Day [South Africa], 4 Feb. 2003)
Banana workers get day in court - For two decades, the workers say, their efforts to win compensation for the damage done by DBCP [a pesticide] - including sterility, cancer, and birth defects in children - have been frustrated by the legal tactics of American chemical and fruit companies. But now they are getting their day in court...A ruling by a federal judge in New Orleans has opened the way for a lawsuit brought by 3,000 Central American banana workers seeking millions in damages, the first time one of these cases would be tried in the United States. (David Gonzalez, Trinidad Express [Trinidad & Tobago], 3 Feb. 2003)
N.J. fighting Ohio polluters [USA] - The McGreevey administration announced Friday that it is dispatching a pair of deputy attorneys general to Ohio to help argue a federal case charging Ohio Edison Co. with polluting New Jersey's air and damaging the health of state residents. (Jack Kaskey, PressofAtlanticCity.com, 1 Feb. 2003)
Asbestos kills, judgment awaits [South Africa] - Herman Kubari is dead...He was the first of 1 600 applicants in a motion in the Johannesburg high court late last year to interdict Gencor, the investment holding company, from unbundling its stake in Impala Platinum and distributing the proceeds to shareholders until sufficient provision had been made for damages actions brought for asbestos-related diseases. (Ronnie Morris, Business Report [South Africa], 30 Jan. 2003)
Logging Pollution Damages North Coast Watersheds [USA] - Accelerated logging has polluted some 85 percent of the waters in California's North Coast region, uprooted protected redwoods and damaged private property, but state officials continue to permit logging companies to avoid complying with environmental regulations. California environmentalists are fighting back with lawsuits (Environment News Service, 29 Jan. 2003)
NAMIBIA: Herero claims could go to court in US in March or April - The Hereros accuse Germany and two companies [Deutsche Bank and Woermann Line (now known as SAFmarine)] of forming a "brutal alliance" to exterminate over 65 000 Hereros between 1904 and 1907. (Southern Africa Documentation and Cooperation Centre, 22 Jan. 2003)
Statement of the U.S. Equal Employment Opportunity Commission Regarding EEOC V. RD's Drive-In - the employer instituted a rule attempting to censor their [4 employees] ability to speak their native Navajo language, even though use of the Navajo language allowed many employees to perform their work more efficiently. (U.S. Equal Employment Opportunity Commission, 21 Jan. 2003)
RIGHTS-JAMAICA: Conference to Continue Fight for Reparations for Slavery -...Meanwhile the reparations movement has been building steam in Jamaica and throughout the world. Last October, more than 500 delegates meeting in Barbados created the Pan African Movement, which voted to launch lawsuits this year against former slave-trading nations, including Britain, Germany, Belgium and France. (Dionne Jackson Miller, Inter Press Service, 21 Jan. 2003)
Brazil's "green" chief targets Petrobras polluter - Brazil's new Environment Minister Marina Silva says she wants to crack down on the country's record holder for environmental fines, state-owned oil giant Petrobras. (Frances Jones, Reuters, 21 Jan. 2003)
United States Reaches Settlement with Koppers Industries To Settle Scores of Environmental Violations - Koppers Industries, Inc. agreed to pay the United States $2.9 million to resolve allegations of numerous violations of several environmental regulations at many of the company’s U.S. facilities [Koppers makes coke and coal tar, and engages in wood-preserving] (U.S. Environmental Protection Agency, 16 Jan. 2003)
Target Corp. to pay $95,000, implement training for failure to accommodate disabled worker [USA] (U.S. Equal Employment Opportunity Commission, 15 Jan. 2003)
'BABIES R US' to pay $205,000, implement training due to same-sex harassment of male employee -...The initial suit, filed on March 6, 2002, alleged that throughout his employment Mr. Vasquez was the target of unwelcome and derogatory comments as well as behavior that mocked him because he did not conform to societal stereotypes of how a male should appear or behave. (U.S. Equal Employment Opportunity Commission, 15 Jan. 2003)
TotalFinaElf weathers the storms [refers to complaint in a French court alleging the company used forced labor during pipeline construction in Burma] (Kim Housego, Associated Press, 14 Jan. 2003)
Supreme Court to take up Nike and free speech [USA] - S.F. activist sued, saying firm lied about working conditions (Bob Egelko, San Francisco Chronicle, 11 Jan. 2003)
Deaths on the Job, Slaps on the Wrist [Dangerous Business - Part Three] [USA] - McWane [McWane Inc., Alabama conglomerate that owns cast-iron foundries] is one of the most enduring violators of worker-safety and environmental laws...McWane has persisted largely unchecked by taking full advantage of a regulatory system that has often proven itself incapable of thwarting flagrant and continual safety and environmental violations by major corporations (David Barstow and Lowell Bergman, New York Times, 10 Jan. 2003)
Wal-Mart's War on Workers: Frontline Report from Colorado, Texas and Florida - America's Biggest Corporation Turns Into Its Biggest Workplace Bully - Illegal Surveillance, Threats and Intimidation Marks Wal-Mart's Campaign to Suppress Worker Voices - Wal-Mart's claim that its "associates" don't want union representation rings hollow as the National Labor Relations Board (NLRB) issues three new complaints against the retail giant. (UFCW - United Food and Commercial Workers International Union, 8 Jan. 2003)
Forethought can fend off suits: Smart employers plan with such issues as harassment in mind [USA] (Charlotte Observer, 6 Jan. 2003)
EEOC sues Pickle Manufacturing Company for discrimination against workers from India [USA] - Low Wages, Mistreatment, Harsh Living Conditions Lead to Federal Suit on Behalf of Immigrants - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has filed an employment discrimination lawsuit against the John Pickle Company, alleging that the Tulsa-based oil industry parts manufacturer discriminated against a class of at least 52 workers on the basis of their race (Asian) and national origin (East Indian) (U.S. Equal Employment Opportunity Commission, 2 Jan. 2003)
Brink's to pay $30,000 to Peoria area woman for failure to accommodate religious beliefs [USA] - EEOC Suit Said Pentecostal Employee Fired for Refusal to Wear Pants as Part of Uniform (U.S. Equal Employment Opportunity Commission, 2 Jan. 2003)
Tanks & Toxics, Planes and Pollution The Ecology of a Military Build-Up [USA] -...Environmental contamination from defense hardware manufacturing dots the U.S. landscape...Communities around defense plants that increase production in the new military boom will face more emissions of pollutants...which especially could affect the health of sensitive populations [refers to Nuclear Metals Inc., Rocketdyne (now a subsidiary of Boeing and formerly operated by Rockwell International), Lockheed, Northrop Grumman, Vought Aircraft; also refers to lawsuits] (William Kelly, editor and publisher of California Environment Report, in Multinational Monitor, Jan./Feb. 2003)
Pesticide Justice - Dow Chemical, Shell Oil Company and Standard Fruit (Dole Food Company in the U.S.), must pay $490 million in compensation to 583 banana workers injured by Nemagon, an extremely toxic soil fumigant that has sterilized thousands of Central American banana workers, a Nicaraguan judge ruled in December 2002. (Amy Ling and Martha Olson Jarocki, Pesticide Action Network North America, in Multinational Monitor, Jan./Feb. 2003)
Enviros Temperature Rising - Amid growing anger among environmentalists over the record and intentions of President George Bush, three major U.S. environmental groups announced in December that they are suing his Environmental Protection Agency (EPA) for failing to curb global warming. The lawsuit by the Sierra Club, Greenpeace, and the International Center for Technology Assessment (CTA) charges the EPA with violating the 1977 Clean Air Act by failing to limit air pollution caused by automobiles that "may reasonably be anticipated to endanger public health or welfare." (Jim Lobe, Third World Network Features/Inter Press Service, in Multinational Monitor, Jan./Feb. 2003)
Deconstructing Engagement: Corporate Self-Regulation in Conflict Zones - Implications for Human Rights and Canadian Public Policy [includes sections on: case study of Talisman Energy in Sudan, "Talisman Energy's Corporate Social Responsibility Reports and Verification by PricewaterhouseCoopers", the liability of corporations under international law, "Domestic Disclosure and Corporate Laws", "Litigation", "Consumer and Investor Campaigns", codes of conduct, social reporting, verification/monitoring, "Emerging State Duty to Regulate the Extraterritorial Activities of Corporations"] (Georgette Gagnon, Audrey Macklin, Penelope Simons, A Strategic Joint Initiative of the Social Sciences and Humanities Research Council and the Law Commission of Canada, Jan. 2003)
2002:
Wal-Mart to pay $220,000 for rejecting pregnant applicant, in EEOC settlement [USA] (U.S. Equal Employment Opportunity Commission, 23 Dec. 2002)
EEOC, SoBe, and PepsiCo settle sexual harassment suit for $1.79 million [USA] - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of a sexual harassment lawsuit for $1.79 million against Norwalk, Conn.- based South Beach Beverage Company, Inc. (SoBe), a division of PepsiCo, Inc. (U.S. Equal Employment Opportunity Commission, 23 Dec. 2002)
Wal-Mart values: selling women short [USA] - Adams is now a witness in Dukes v. Wal-Mart, in which seven California women--current and former Wal-Mart employees--are charging the company with systematic sex discrimination in promotions, assignments, training and pay. (Liza Featherstone, The Nation, 16 Dec. 2002)
The industry needs a ruling in favor of truth, not Nike [case in U.S. court regarding Nike's denial of labour abuses at its supplier factories in Asia] - Sad is the professional society that doesn't recognize a gift when it sees it. Yet that is precisely what happened when the PRSA [Public Relations Society of America] and other industry groups filed an amicus brief with the US Supreme Court to overturn the decision and permit corporations to play loose with their facts...let's hope the Supreme Court doesn't take a step back and sanction misleading statements and half-truths. (Jeff Seideman, president of the Boston Chapter of the PRSA, in PR Week, 16 Dec. 2002)
Donnelley to pay $150,000 to paraplegic graphics technician for job bias [USA] - EEOC Consent Decree with Printing Giant Requires Anti-Discrimination Policy for Temporary Employees and Training (U.S. Equal Employment Opportunity Commission, 16 Dec. 2002)
Lawyer: U.S. Firms Ordered to Pay $490M - A Nicaraguan judge has ordered three U.S. companies to pay $490 million to 583 banana workers allegedly affected by the use of the pesticide Nemagon, a lawyer for the plaintiffs said Saturday. The alleged victims sued Dow Chemical, Shell Oil Co. and Standard Fruit Co. in 1998 for using Nemagon in the banana fields of western Nicaragua - despite the fact that the chemical had been banned for causing health problems. (Associated Press, 14 Dec. 2002)
Gulfstream Aerospace to pay $2.1 million for age bias in EEOC settlement - Commission Alleges Class of Older Workers Targeted for Layoffs at Georgia Facility (U.S. Equal Employment Opportunity Commission, 11 Dec. 2002)
Court puts Exxon Valdez punitive damages at $4 bln [USA] (Reuters, 10 Dec. 2002)
Company convicted after worker is left paralysed [New Zealand] - Company convicted after worker is left paralysed -...Brian Ross Contractors Ltd was fined on a number of charges under the Health and Safety in Employment Act. (Occupational Safety And Health, 6 Dec. 2002)
Preventing Harassment at Holiday Parties [USA] - With the holiday season arriving, companies should be aware of the increasing number of lawsuits alleging incidents of sexual harassment at holiday parties, according to employment lawyers. (HR Daily News, 6 Dec. 2002)
Negligence caused Bhopal disaster: Report - Negligence by Union Carbide and not sabotage was responsible for the Bhopal gas disaster, the British journal New Scientist said on Thursday basing its conclusion on documents just released in the United States. (Times of India, 5 Dec. 2002)
Fresh evidence on Bhopal disaster - The company that built and owned the Bhopal chemical plant in India [Union Carbide, acquired by Dow Chemical in 2001] cut crucial corners in its design, documents just released in the US suggest. (Debora MacKenzie, New Scientist, 4 Dec. 2002)
Factory fire: Labour dept also to blame [South Africa] - The labour department also had to share the blame for the tragic loss of 11 lives in a factory fire in Lenasia two years ago, a Johannesburg magistrate said on Monday. Lenasia regional court magistrate Caren Nienaber imposed fines on the owner of ESS Chemicals, Suleman Lachporia (45) and his manager Nezahuddin Ahmod (32). (South African Press Association, 2 Dec. 2002)
CCA Welcomes HSE Support for the Retention of Inquests into Work-Related Deaths [UK] - The Health and Safety Executive has criticised the proposal by the Coroner’s Review Team to remove the legal requirement to hold an inquest into a work-related death (Centre for Corporate Accountability, 29 Nov. 2002)
EEOC settles race discrimination suit with the Mirage for $1.14 million - The U.S. Equal Employment Opportunity Commission (EEOC) today announced it has settled a major race discrimination lawsuit against The Mirage Hotel and Casino on the Las Vegas Strip for over $1 million. (U.S. Equal Employment Opportunity Commission, 27 Nov. 2002)
S Africa shuns apartheid lawsuits: Country needs investment, say ministers, not compensation - The South African government has refused to support a lawsuit against foreign multinationals and banks which allegedly propped up apartheid because it fears deterring investors. (Rory Carroll, Guardian [UK], 27 Nov. 2002)
Gencor denies it employed asbestos claimants [South Africa] (Ronnie Morris, Business Report, 25 Nov. 2002)
EEOC [U.S. Equal Employment Opportunity Commission] settles disability discrimination suit against aerospace giant Honeywell for $100,000 (U.S. Equal Employment Opportunity Commission, 22 Nov. 2002)
Gencor opposes class action as 37 seek payment for asbestos-related diseases [South Africa] - SA MINING company, Gencor, has contested the basis for a class action in SA. (Business Day [South Africa], 22 Nov. 2002)
Are Big Macs hazardous to children's health? Lawyers have filed a class-action lawsuit against McDonald's on behalf of New York children who have suffered health problems, including diabetes, high blood pressure, and obesity. (Associated Press, 21 Nov. 2002)
Asbestos victims seek court nod for class action against Gencor [South Africa] - The Johannesburg high court will be asked tomorrow to recognise the right of people suffering from asbestos-related diseases to bring a class action for damages against Gencor, the investment holding company. [refers also to Cape plc] (Ronnie Morris, Business Report [South Africa], 18 Nov. 2002)
PACE International Union Seeks Injunction to Allow Union's Investigation of Fatality at Graphic Packaging Facility in Kalamazoo, Michigan [USA] (PACE International Union, 18 Nov. 2002)
EEOC [U.S. Equal Employment Opportunity Commission] settles major age bias suit; Foot Locker to pay $3.5 million to former Woolworth employees (U.S. Equal Employment Opportunity Commission, 15 Nov. 2002)
Claimants set to pursue Gencor in UK [UK/South Africa] -...Lawyers for the claimants are apparently re-opening the case because Cape plc failed to pay the first tranche of the settlement on the due date. Gencor has denied any liability arising from claims by asbestos miners (Business Day [South Africa], 14 Nov. 2002)
Nike in free speech battle [Kasky v. Nike: U.S. court case relating to Nike’s treatment of workers in a Vietnam factory] (Rebecca Spencer, Corporate Watch [UK], 13 Nov. 2002)
Short-sighted victories in free speech - The case against Nike in the US [Kasky v. Nike, case alleging false advertising regarding labour conditions]...could have devastating consequences for companies and campaigners alike, says Mallen Baker -...The risks involved in disclosure have just gone through the roof. (Mallen Baker, in Ethical Corporation Magazine, 13 Nov. 2002)
Most employers feel vulnerable to being sued for causing stress [UK] - More than 80 per cent of employers feel vulnerable to being sued for causing workplace stress, even though a landmark appeal court decision has strengthened their legal defences. (Bob Sherwood, Financial Times, 6 Nov. 2002)
Asbestos litigation overwhelms courts [USA] -...Not enough of the money is getting into the hands of people who have suffered, said Mickey Kilbane, a Cleveland asbestos worker critical of corporate bankruptcies and fat lawyer fees. (Stephen Hudak & John F. Hagan, Plain Dealer [USA], 5 Nov. 2002)
Kodak Fires Worker For Anti-Gay Message [USA] - Eastman Kodak Co., known for its support of a diverse workforce, is under fire for firing an employee for disagreeing with the company's position on supporting gay and lesbian workers...Recent lawsuits against AT&T and Verizon Communications involved employees who felt they were being unfairly reprimanded for not supporting the companies' respective diversity policies. (C Lisotta, Gay.com/PlanetOut.com Network, 31 Oct. 2002)
EEOC settles sexual harassment lawsuit against Denny's - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of a sexual harassment lawsuit filed against Denny's, Inc. for $135,000 to be paid to an 18-year-old female former employee at a restaurant in Carbondale, Illinois. (U.S. Equal Employment Opportunity Commission, 30 Oct. 2002)
Sexual harassment suit settled [USA] - Ron Clark Ford settled a male-on-male sexual harassment lawsuit brought by the U.S. Equal Employment Opportunity Commission for $140,000 last week (Thomas Doyle, Amarillo Globe-News, 30 Oct. 2002)
EEOC [U.S. Equal Employment Opportunity Commission] racial harassment suit against Texas drilling company [TMBR/Sharp Drilling] settles for $859,000: Employees Allegedly Subjected to Hangman's Nooses and Nazi Symbols at Drilling Site (U.S. Equal Employment Opportunity Commission, 29 Oct. 2002)
Ex-steel worker wins £500,000 damages [UK] - Christopher Simmons injured his head on a metal stanchion after falling while working as a burner at British Steel's Clyde Bridge Works in Cambuslang more than six years ago. (BBC News, 29 Oct. 2002)
Muslim ex-worker sues Chick-fil-A for discrimination [USA] - Atlanta-based Chick-fil-A is disputing a Muslim employee's claim that he was fired for religious reasons. (Caroline Wilbert, Atlanta Journal-Constitution, 23 Oct. 2002)
California supreme court decision potentially devastating for corporate responsibility reporting and SRI funds worldwide - The decision by the California courts against Nike [in the case of Kasky v Nike, relating to Nike's public defense of allegations of “sweatshop” labour in its Asian factories] has created a great deal of uncertainty among US corporations, reports Peter Clarke (Peter Clarke, Director of SRIMedia, in Ethical Corporation Magazine, 17 Oct. 2002)
Gencor mum on asbestos case [South Africa] - Gencor, the mining holding company, said that until it had papers served upon it in South Africa, it had no comment on the decision by the English High Court to include Gencor as a co-defendant in the asbestos case of Cape plc, the UK building materials company. (Justin Brown, Business Day [South Africa], 16 Oct. 2002)
Cape avoids justice again - ACTSA [Action for Southern Africa] campaigners protested today outside the Royal Courts of Justice to express their outrage and disappointment at the collapse of the out-of-court settlement between Cape Plc and the 7,500 South African asbestos claimants, which was made last December. (ACTSA - Action for Southern Africa, 15 Oct. 2002)
Ikorodu Factory Fire: Judicial Panel Inaugurated [Nigeria] - A panel of inquiry to look into the September 16, Ikorodu rubber factory fire disaster, with a view to unraveling the cause and preventing a reoccurrence, has been inaugurated by the Lagos State government. (Tokunbo Adedoja, ThisDay News [Nigeria], 15 Oct. 2002)
Outcome in Saipan labor case welcomed - The Saipan Garment Manufacturers Association issued a press release yesterday to say that it is pleased with the outcome of a lawsuit that alleged sweatshop conditions in the Saipan garment industry. (Gaynor Dumat-ol Daleno, Pacific Daily News, 15 Oct. 2002)
Schroders faces ageism suit [UK] - Michael Dobson, chief executive of fund management group Schroders, has been accused of firing the head of the firm's US operation because she was too old for the job at 55. (Jill Treanor, Guardian [UK], 9 Oct. 2002)
3 win discrimination suit: $450,000 awarded to black salesmen fired by car dealer [USA] - Three black salesmen who were fired by an Arapahoe County dealership [Centennial Chrysler Plymouth dealership was owned by the Moreland Automotive Group] on Martin Luther King Day will share $450,000 as part of a race discrimination settlement. (John Accola, Rocky Mountain News, 9 Oct. 2002)
SA asbestos lawyers could face dilemma: Gencor may seek redress from Cape [South Africa] - Lawyers for the 7500 SA victims suffering from asbestos-related diseases will ask the British High Court next week to make Gencor a co-defendant in proceedings against UK-based company Cape plc. (Business Day [South Africa], 8 Oct. 2002)
Exelon settles worker discrimination case with NRC [USA] - The U.S. Nuclear Regulatory Commission said last week it reached a settlement agreement with Exelon Nuclear Generation Co. in a discrimination case involving a former employee who raised concerns about safety at a nuclear power plant in Illinois. An NRC investigation found that an Exelon manager deliberately discriminated against the employee on Aug. 25, 2000, by not picking him for a new job. (Reuters, 7 Oct. 2002)
Wal-Mart ponders appeal in LV [Las Vegas] case: Retail giant says it obeys labor laws [USA] - Wal-Mart Stores Inc., arguing it obeys federal labor laws, said its lawyers are considering whether to appeal a ruling by a federal officer that found the giant retailer violated labor laws in its fight against a national union organizing drive originating at 14 Las Vegas stores. (Grace Leong, Las Vegas Sun, 7 Oct. 2002)
Automakers struggle to stem harassment: Part 1 - Race, sex complaints persist despite training [USA] [refers to General Motors, DaimlerChrysler, Ford, Mitsubishi] (Susan Carney, Detroit News, 6 Oct. 2002)
Smithfield unit must pay $1.5M for sex harassment [USA] - A unit of meat giant Smithfield Foods Inc. has been ordered to pay $1.5 million to an ex-employee who claims she was sexually harassed at an Iowa pork plant. (Michael Davis, The Virginian-Pilot, 5 Oct. 2002)
Rent-A-Center to Pay $47M to Women [USA] - A judge approved a $47 million settlement Friday for thousands of women who claim they were unfairly denied or driven out of jobs with the nation's largest operator of rent-to-own stores. (Associated Press, 5 Oct. 2002)
Jury awards former smoker $28 billion in punitive damages [USA] - Philip Morris Inc. says it will ask a court to set aside or reduce a record $28 billion in punitive damages awarded to a cancer-stricken 64-year-old former smoker. (Gary Gentile, Associated Press, 5 Oct. 2002)
Kings, ex-execs settle suit: Terms are kept secret over sexual harassment allegations [USA] - The Sacramento Kings and two former executives have settled a former employee's sexual harassment lawsuit for undisclosed terms. (Denny Walsh, Sacramento Bee, 3 Oct. 2002)
UK fights landmark older worker ruling - The UK government is to appeal against a "landmark" tribunal decision, which could mean that hundreds of thousands of people working past the age of 65 could get new work rights. (Sarah Toyne, BBC News, 2 Oct. 2002)
City analyst loses sex discrimination case [UK] -...Ms Barton, 52, claimed she was underpaid by £1m compared with a male colleague, and took her employer – Investec Henderson Crosthwaite Securities – to an employment tribunal. But yesterday, after three months of deliberation following a four-day hearing, the tribunal ruled against her claim of sexual discrimination and unequal pay. (Terri Judd, Independent [UK], 1 Oct. 2002)
Wal-Mart faulted for LV [Las Vegas] anti-union tactics [USA] - Wal-Mart Stores Inc. violated labor laws in its fight against a national union organizing drive originating at 14 Las Vegas stores, a federal official has ruled. (Grace Leong, Las Vegas Sun, 30 Sep. 2002)
Activist 'was unfairly demoted' [UK] - A leading union activist sacked from his job as train driver [by South West Trains] for speeding offences was unfairly demoted, an industrial tribunal ruled today...The tribunal decided Mr Tucker had been "singled out for his trade union activities..." (Dick Murray, Evening Standard [UK], 30 Sep. 2002)
Trailblazers pay 'in blood' for legal action on rights [Australia] - Employers must be flexible enough to accommodate their workers' family responsibilities or risk legal action, lawyers are warning after women successfully took their bosses to court. The law protecting working women's rights has become considerably clearer over the past year following a series of legal victories by trailblazers who took on their companies. (Sherrill Nixon, Sydney Morning Herald, 30 Sep. 2002)
Five years off for parents: new test case [Australia] - Employers would have to hold open the jobs of working parents for up to five years after the birth of a child under a union test case to extend unpaid maternity leave. In a far-reaching bid to entrench working parents' rights in the industrial system, the case will also claim parents are entitled to part-time work, flexible hours and extra holidays. (Sherrill Nixon, Sydney Morning Herald, 30 Sep. 2002)
Clothiers fold on sweatshop lawsuit Saipan workers to get millions; Levi holds out (Robert Collier & Jenny Strasburg, San Francisco Chronicle, 27 Sep. 2002)
Staff accuse communications Fiji Radio Group of harassment over union - The Fiji Public Service Association has lodged a complaint with the Ministry of Labor after workers of Communications (Fiji) Ltd. claimed they were being harassed after signing up to join the union (Daily Post/Fijilive/Pacific Media Watch, 27 Sep. 2002)
Shell faces litigation - Fourteen individual plaintiffs filed a class action suit [in a U.S. court] against Royal Dutch Petroleum and Shell Transport, plc, on September 20 for alleged human rights abuses in Ogoniland, Nigeria...the complaint alleges that Shell knowingly instigated, planned and facilitated in unprovoked attacks by the former Nigerian military government against the unarmed residents of Ogoniland, resulting in murder and gross human rights abuses. (Tomorrow: Your sustainable business toolkit, 26 Sep. 2002)
Panel rates Coke on diversity [USA] - Coca-Cola has been promoting women and minorities at a faster rate than white men, but a court-appointed task force still found that many minority workers believe they are treated less fairly...The report on the workplace climate at Coca-Cola, issued Wednesday, comes nearly two years after the company settled a class-action racial discrimination lawsuit. (Scott Leith, Atlanta Journal-Constitution, 26 Sep. 2002)
Court OKs gay man's suit against MGM Grand [USA] - A divided federal appeals court has ruled that an openly gay man is entitled to bring a sexual harassment lawsuit under the U.S. Civil Rights Act, even though all his accused tormentors were fellow male employees. (Cy Ryan, Las Vegas Sun, 25 Sep. 2002)
Alaska villagers sue Teck Cominco over pollution [USA] - Residents of Kivilina, an Inupiat Eskimo village on Alaska's northwestern coast, sued Teck Cominco Ltd. , charging the company with 2,171 federal water-pollution violations at its Red Dog Mine, the world's largest zinc producer. (Yereth Rosen, Reuters, 23 Sep. 2002)
Holding Businesses and Burma's Government Responsible for Human Rights Abuses -...the International Labor Rights Fund (ILRF) is using American courts to enforce international human rights standards and punish multinational corporations that abuse them...The suit charges that Unocal knowingly used forced labor for the pipeline, which was completed in 1998. (Terry Collingsworth, Open Society News, fall/winter 2002-3)
Judge links US tobacco lawsuits - A federal court judge has unleashed an ambitious campaign against the US tobacco industry by certifying a nationwide punitive-damage class-action suit against several cigarette makers. (Jonathan Moules, Financial Times, 21 Sep. 2002)
Aids lobbyists tackle drug giants [South Africa] -...AIDS activists lodged complaints against two pharmaceutical giants yesterday, accusing them of over-pricing their medicines and causing thousands of deaths. The Treatment Action Campaign (TAC) AIDS lobby group and others lodged the complaints against GlaxoSmithKline, which has its headquarters in Britain, and Boehringer Ingelheim, of Germany, with South Africa's Competition Commission. (AFP, in Business Day [South Africa], 20 Sep. 2002)
Taking on the drug giants [South Africa] - Nontsikelelo Zwedala, an HIV-positive squatter from Philippi in the Western Cape, has joined the Treatment Action Campaign (TAC) and the Congress of South African Trade Unions (Cosatu) in a move to force two pharmaceutical giants to cut the cost of their Aids drugs. They have filed papers with the Competition Commission, alleging monopolistic abuse of patent power. (Nawaal Deane, Mail & Guardian [South Africa], 19 Sep. 2002)
Plaintiffs Win Ninth Circuit Victory over Unocal - On September 18, 2002, the [U.S.] Ninth Circuit Court of Appeals rendered a landmark decision against Unocal Corp, allowing plaintiffs to proceed to trial in federal court on their claims that they were forced to labor on Unocal’s pipeline project in Burma. (International Labor Rights Fund, 18 Sep. 2002)
Court Tells Unocal to Face Rights Charges - An appellate court said today that the Unocal Corporation must face a trial in the United States over claims of human-rights abuses involving villagers in Myanmar who worked on the company's $1.2 billion pipeline there. (Bloomberg News, in New York Times, 18 Sep. 2002)
Cape Plc fails to pay asbestos claimants [South Africa] - The lawyers of thousands of South Africans suffering from asbestos-related diseases said on Monday they would return to the United Kingdom High Court in an effort to force mining company Cape Plc to pay overdue settlement claims. (South African Press Association, in Business Report [South Africa], 16 Sep. 2002)
Report calls for laws on corporate killing [UK] - The Government is being urged to bring in legislation on corporate killing in a bid to improve safety in the workplace. A new report into recent work-related deaths in London said there was a clear need for laws to target company directors. (Ananova, 16 Sep. 2002)
Lead paint poses new legal threat for US companies -...Rhode Island, which has one of the highest rates of child lead poisoning in the nation, is suing some of the biggest names in U.S. manufacturing, including DuPont Co., the nation's No. 1 chemical company, and Sherwin-Williams Co., the No. 1 paint maker. Other defendants include Atlantic Richfield, which was acquired by BP Plc, Cytec Industries, NL Industries Inc. and a unit of ConAgra Foods. (David Howard Sinkman, Reuters, 12 Sep. 2002)
Wal-Mart's war on workers: Frontline report from South Carolina and Texas - Wal-Mart Corporate Union Buster Named for Violating Worker Rights - Giant Retailer Faces New Labor Board Complaints for Illegally Sabotaging Union Election - Wal-Mart Charged for Refusing to Bargain in Jacksonville, Texas (United Food and Commercial Workers International Union, 10 Sep. 2002)
Asbestos case: Bankers could be held liable [South Africa] - The bankers of Cape plc, the company that reached an out-of-court settlement with South African asbestosis victims last year, would be held personally responsible if it was proved they were responsible for reneging on the agreement, the victims' legal counsel said on Tuesday. The directors of the company and its bankers, Barclays and the Royal Bank of Scotland, were formally notified of this on Tuesday (South African Press Association, 10 Sep. 2002)
Army of Child Labour [UK] - A south Devon pub manager and his bosses have been fined more than £7,000 for employing children illegally. (Torquay Herald Express [UK], 7 Sep. 2002)
Colombia's War on Unions: The Coca-Cola Killings - The Coca-Cola killings in Colombia continue. Last week union activist Adolfo de Jesus Munera was murdered shortly after he received notice that a law suit filed by him against Coca-Cola was accepted by Colombia's Constitutional Court. (Maria Engqvist, CounterPunch, 6 Sep. 2002)
Years pass, but tears still flow in India's Bhopal -...Although the Indian government's civil case against Union Carbide, which merged with U.S.-based Dow Chemical Co two years ago, was settled in 1989 for $470 million, criminal cases continue in Indian courts. (Maria Abraham, Reuters, 6 Sep. 2002)
Bell Canada settles pay equity case for $178 million - Bell Canada has tentatively settled a long-running pay equity dispute with thousands of its mainly female staff for $178 million. (CBC News, 4 Sep. 2002)
'Angolans should sue multinationals and banks' - Angolans must institute legal action against a host of western multinational companies and banking institutions which enabled that country's government to commit crimes of humanity against its people, a Namibian rights group said on Tuesday. (Mail & Guardian [South Africa], 3 Sep. 2002)
New legal campaign for smokefree space in hospitality industry [Australia] - A Western Sydney pub patron is about to take on his local pub in a campaign for smokefree space. (Australian Liquor, Hospitality & Miscellaneous Workers Union, 3 Sep. 2002)
Asbestos Lawyers Hand Cape a Final Ultimatum to Pay [South Africa] - Lawyers acting on behalf of victims of Cape plc's asbestos operations on Monday handed the multi-national an ultimatum to comply with an out-of-court settlement. (South African Press Association, 2 Sep. 2002)
India: Court Upholds Charges Against US Executive for Bhopal Deaths - A court ruled that a former chairman of US-based Union Carbide should face culpable homicide charges over the 1984 Bhopal gas disaster, rejecting the Indian government's attempt to dilute them to negligence. (Agence France Presse, 28 Aug. 2002)
Chinese activists take to the courts: Nascent 'green culture' is challenging authorities - and being heard - In the three years since he set up an environmental hotline, Wang Canfa [Director of the Beijing-based Center for Legal Assistance to Pollution Victims] has heard thousands of heartbreaking horror stories from people who have seen their health or livelihoods imperiled by industrial pollution. (Ted Plafker, International Herald Tribune, 28 Aug. 2002)
Kentucky Bourbon King Faces Government Hearing On Denial Of Bathroom Access [USA] - Mothers, Menstruating Women and Older Workers Bear the Brunt of Jim Beams Bathroom Ban - Rally to Support Jim Beam Workers Noon, August 28 Shepherdsville, Kentucky - Almost half the workers, mostly women, on the Jim Beam bottling line in Clermont, Kentucky have been disciplined for using the bathroom, and some long time workers are even facing firing. According to worker reports, they were told to "train their bladders" to correspond to scheduled break periods and one unscheduled bathroom time; or face discipline, including dismissal. (United Food and Commercial Workers International Union, 27 Aug. 2002)
Letter to Secretary Powell [U.S. Secretary of State Colin Powell] Regarding Aceh Lawsuit [Indonesia] - We are writing to express our extreme concern with the July 29th opinion issued by the Office of the Legal Advisor of the US Department of State to the Honorable Louis F. Oberdorfer, United States District Court for the District of Columbia, in response to his request for the Department’s views in connection with the case Doe et.al. v. ExxonMobil...We view such a response from the State Department as an act that clearly subordinates human rights concerns to commercial interests. (letter to U.S. Secretary of State Colin Powell from 13 public interest groups, 26 Aug. 2002)
Korean shippers admit to years of oil dumping - A consortium of Korean shipping companies has admitted that its freighters sailing between Alaska and Asia illegally dumped oily waste at sea for years and will pay a $5 million fine, U.S. federal officials said. (Yereth Rosen, Reuters, 26 Aug. 2002)
Authorities in Alaska probe BP site blast [USA] - Alaskan authorities were yesterday investigating an explosion at BP's operation in the state, which seriously injured an operator and caused a spill that might jeopardise the terms of the company's federal probation with US authorities. (Sheila McNulty, Financial Times, 24 Aug. 2002)
Worker alleges bias by water firm - Claiming an air of “overt racial discrimination” against his employer, a black man has filed a federal lawsuit in U.S. District Court against Indiana-American Water Company. (Richard Grey, Post-Tribune [Indiana, USA], 23 Aug. 2002)
Court nixes GM harrassment verdict [USA] - A divided appeals court panel threw out a $1 million verdict for a woman who said she was sexually harassed at a General Motors plant, ruling that the treatment she received, while "boorish," did not create a hostile workplace. (Jim Suhr, Associated Press, 23 Aug. 2002)
Asbestos: jobs, profits and sustainable development - A hideous blue spectre hovers behind the cleaner, greener image being promoted on the eve of the World Summit for Sustainable Development (WSSD). It is the spectre of asbestos, a legacy of a greed-driven and uncaring past. (Terry Bell, Labour News Network, 22 Aug. 2002)
Former Supervisor for Robbins Hardwood Flooring Files Racial Discrimination Charges [USA] (PACE International Union, 22 Aug. 2002)
Suit accuses House of Blues of discrimination [USA] - A former bartender at the House of Blues restaurant in downtown Chicago has filed a federal lawsuit alleging he was discriminated against because of his Islamic faith following the Sept. 11 terrorist attacks. (Matt O'Connor, Chicago Tribune, 21 Aug. 2002)
Firm fined for chopped finger [New Zealand] - A Hamilton firm was fined $4800 yesterday after a young worker had part of a finger chopped off by a chocolate-making machine. (New Zealand Herald, 21 Aug. 2002)
Lenasia fire: Trial postponed [South Africa] - The trial of ESS Chemicals factory owner Suleman "Solly" Lachporia and his manager was on Tuesday postponed to November in the Lenasia regional court. They face a main charge of culpable homicide relating to the death of 11 employees including the supervisor who were killed while on night shift in Lachporia's factory in Lenasia, south of Johannesburg, in November 2000 when a fire swept through the premises in which they were locked. (South African Press Association, 20 Aug. 2002)
Big business escapes rap in negligence trials [UK] - Prosecutions for work- related deaths have increased significantly in the last four years, according to new research. But convictions remain rare, with bigger businesses in particular appearing immune to liability for corporate manslaughter. (Jean Eaglesham, Financial Times, 20 Aug. 2002)
Marriott settles D.M. [Des Moines, Iowa] bias case [USA] - Marriott International will pay $115,000 and apologize for canceling the Des Moines convention reservation of an Arab-American group immediately after the Sept. 11 terrorist attacks. (Madelaine Jerousek, Des Moines Register, 16 Aug. 2002)
What Value Is A Workers' Life? [New Zealand] - Council of Trade Unions president Ross Wilson slammed insignificant fines which undervalue workers’ lives today. Ross Wilson said the $30,000 fine against Crusader Meats for failing to keep a worker safe earlier this year was woefully inadequate. (New Zealand Council of Trade Unions, 15 Aug. 2002)
Technicolor settles harassment suit [sexual harassment lawsuit] [USA] - Company ordered to pay $875,000 to 18 staffers at VHS duplication plant. (Daniel Frankel, Video Business, 14 Aug. 2002)
Revealed: Race hate 'exposed black workers to radiation at BNFL plant' - British Nuclear Fuels is being sued by black workers at an American plant who claim it shares responsibility for deliberately assigning jobs that exposed them to almost twice as much radiation as their white colleagues in an environment of "hostile racism". (Marie Woolf, Andrew Buncombe & Solomon Hughes, Independent [UK], 13 Aug. 2002)
Firms fined after workplace accident [New Zealand] - Two Christchurch companies [Jenkins Biolabs & Soiltech Limited] were yesterday fined $20,000 after a factory worker was severely burnt when he slipped while pouring concentrated sulphuric acid into a vat. (The Press [New Zealand], 13 Aug. 2002)
Workers get £3.9M payouts [UK] - Victims of unlawful discrimination at work won a record £3.9million in compensation last year. The Equal Opportunities Review said there were 329 payouts - up 10 per cent from the previous year. The biggest settlement for a sex discrimination case went to a woman sacked because she was pregnant. Marks & Spencer clothes suppliers Bentwood Brothers had to pay her £190,663. (Daily Record [UK], 12 Aug. 2002)
Women who toiled in Eveleth Mines waited two decades for justice [USA] - Lois Jenson drove through three feet of snow to begin her new job at the Eveleth Mines on March 25, 1975...She never dreamed that her name would eventually be on the nation's first sexual-harassment class-action lawsuit (Mary Ann Grossmann, Knight Ridder, 11 Aug. 2002)
Ocala jury rules Florida Power innocent of age discrimination [USA] - A federal jury has ruled that Florida Power Corp. did not discriminate against a dozen older workers who were fired seven years ago. (Daytona Beach News-Journal, 11 Aug. 2002)
Motel maid wins $19,650 in sexual harassment suit [USA] -...The lawsuit had been filed against Rest Well Corp., doing business as a Quality Inn/Econo Lodge, and YTD Brothers, doing business as a Days Inn (Sara Lee Fernandez, Corpus Christi Caller-Times, 10 Aug. 2002)
Former Buca executive files discrimination suit [USA] - A former senior vice president at Buca Inc. has filed a lawsuit against the restaurant chain and its chief executive, alleging she was told she could not keep her job if she got married. (Ann Merrill, Star Tribune [Minneapolis-St. Paul], 10 Aug. 2002)
Unocal wants government to quash labour lawsuit - Unocal, the US oil company, told a California court yesterday that American foreign policy interests could be harmed by a lawsuit that alleges the company used forced labour in Burma. The move comes just days after the US government warned a Washington DC court that a pending lawsuit against Exxon Mobil over alleged abuses in Indonesia would hinder the war on terrorism and jeopardise foreign investment in a key ally. (Edward Alden, Financial Times, 9 Aug. 2002)
Workers take Xerox to court for 'blacks in a noose' discrimination [USA] - Black employees of Xerox in Cincinnati are bringing a federal court action against the company, claiming that black dolls with nooses round their necks were left in three of its branches, and that racist slurs were common. (Duncan Campbell, Guardian [UK], 9 Aug. 2002)
Ex-Trop worker accuses VP of sexual harassment [USA] - A former Tropicana Casino and Resort employee has filed a lawsuit claiming he was fired because he refused the sexual advances of a senior executive and because he complained about the alleged actions. (Joe Weinert, Press of Atlantic City, 9 Aug. 2002)
Workplace-bias curbs extended [Massachusetts, USA] - Law extends time to file complaints - A bill to extend the deadline for filing workplace bias and sexual harassment charges against employers has been signed into law, increasing the statute of limitations for such claims in Massachusetts from six months to 300 days. (Diane E. Lewis, Boston Globe, 9 Aug. 2002)
Groups Shocked as Officials Urge Judge to Back ExxonMobil - News that the [U.S.] State Department urged a federal court judge to dismiss the case after he asked about claims by ExxonMobil's lawyers that the lawsuit could compromise U.S. interests, particularly the 'war on terrorism', has shocked the human rights community. (Jim Lobe, Inter Press Service, 8 Aug. 2002)
US judge directs United Airlines to hire, reimburse deaf mechanic - Five years of anger and frustration ended yesterday for a deaf airline mechanic when a federal judge ruled that United Airlines had papered over its discrimination with a flurry of sham reasons not to hire him. (Thanassis Cambanis, Boston Globe, 8 Aug. 2002)
Labor Officials Charge Nursing Home [USA] - A nursing home that accused union organizers of using voodoo to frighten its Haitian-American employees into joining has been accused by federal officials of mistreating workers. The National Labor Relations Board said last month it found evidence of spying on workers, threats and unfair dismissals at Mount Sinai-St. Francis Nursing & Rehabilitation Center in Miami (Associated Press, 8 Aug. 2002)
Transvestite Sues Beauty School [USA] - A transvestite sued a Los Angeles beauty school Wednesday, claiming his application was rejected when school officials realized he was not a woman. The lawsuit, brought by a plaintiff known only as "Sandy," is the first of its kind under a 1979 city ordinance that prohibits businesses from discrimination based on sexual orientation, "Sandy's" attorney, Gloria Allred, told Reuters. (Reuters, 8 Aug. 2002)
Text of the Lawsuit Against ExxonMobil: I [part 1 of 2] [lawsuit in U.S. court concerning the company's alleged conduct in Aceh]: The complete text of the disputed lawsuit against ExxonMobil for its alleged complicity in human rights abuses in Aceh province (Laksamana.Net [Indonesia], 8 Aug. 2002)
Woman sacked for revealing UN links with sex trade: How a [UK] tribunal vindicated an investigator who blew whistle on workers in Bosnia -...After a two-year battle, an employment tribunal ruled yesterday that Ms Bolkovac was unfairly dismissed by DynCorp, an American company (Daniel McGrory, Times [UK], 7 Aug. 2002)
Harassment victim sues Burger King after attack [Colorado, USA] - The former general manager of a Longmont fast-food franchise is suing the restaurant's owners, alleging they should have protected her from being racially harassed and assaulted by a customer. (Matt Sebastian, Daily Camera [USA], 7 Aug. 2002)
Woman says boorish workplace jokes offended her [Canada] - A woman testified Tuesday she was sexually harassed at work when she had to endure her boss’s boorish jokes and witness other rude behaviour during three years with the Nova Scotia Construction Safety Association. (Peter McLaughlin, Daily News [Halifax, Canada], 7 Aug. 2002)
Lawyers Say Drug Makers Knew of Diluted Products [USA] - Internal documents show that two drug companies knew that a pharmacist was diluting cancer drugs as long as three years before his arrest, lawyers for patients said in a court motion filed on Monday. The motion said neither, Eli Lilly & Company nor the Bristol-Myers Squibb Company told the government of their discovery about the pharmacist, Robert Courtney, leading to untimely deaths for "countless cancer patients."...Judy Kay Moore, a spokeswoman for Eli Lilly, dismissed the new accusations, saying, "These plaintiffs' attorneys have cut and pasted, embellished and mischaracterized the documents and sworn testimony." Bristol-Myers did not return phone calls from The Associated Press for comment. (Associated Press, in New York Times, 7 Aug. 2002)
Asbestosis victims wait for their millions [South Africa] - Mining company Cape plc is still unable to give a date for the payout of £11-million (about R175-million) in damages due to the 7 500 victims of asbestosis contracted from the company's mines in the Northern Cape. (Peter Fabricius, The Star [South Africa], 5 Aug. 2002)
Discrimination suits take big risks for big rewards [USA] - Bondurant, Mixson & Elmore is among a dozen or so law firms nationwide that have become part of a cottage industry in class-action lawsuits against large employers, alleging racial bias in their hiring, promotion and pay practices. The law firms...also sue on behalf of workers who believe they are being denied equal opportunity because of gender, age, disability and other factors. (Robert Luke, Atlanta Journal-Constitution, 5 Aug. 2002)
US holocaust lawyer to aid apartheid reparation -...Meanwhile the class action lawsuit against various banks and corporations that "profiteered" from apartheid will start in New York on August 9, the leader of the legal team leader, US attorney Ed Fagan, announced on Saturday. (SAPA, in Mail & Guardian [South Africa], 5 Aug. 2002)
Who is to blame if employees kill? [USA] - In aftermath of brutal slaying, Zapp family hopes to highlight the issue of background checks -...As crime victims increasingly try to hold companies accountable for the actions of their employees, they have a tough time proving their cases in court. (Michele Kurtz, Boston Globe, 4 Aug. 2002)
EOC launches new website for legal advisers [UK] - Legal advisers will now have on-line access to the essential information on sex discrimination and equal pay that they need to conduct a claim, as the Equal Opportunities Commission (EOC) launches a new website designed specially for them. The first section of the site to go live focuses on sexual harassment. (Equal Opportunities Commission [UK], 2 Aug. 2002)
Factory Defies Order to Rehire Worker Fired in Overtime Inquiry [USA] - A garment worker who was fired during a federal investigation that found that she and other workers had been wrongly denied overtime was turned away by her employer [Danmar Finishing Corporation] yesterday in violation of a court order directing the Brooklyn factory to rehire her (Jason Begay, New York Times, 2 Aug. 2002)
Victory for mother demoted after pregnancy [Australia] -...In the Federal Court yesterday Justice James Allsop found she had been demoted and "somewhat arrogantly and shabbily" treated because she went on maternity leave. In what her solicitor, Susan Price, described as a precedent, Orica was found to have unlawfully discriminated against Ms Thomson on the grounds of pregnancy (Leonie Lamont, Sydney Morning Herald, 31 July 2002)
PACE Intl Union Files Federal Lawsuit Against Continental Carbon over Violations of Environmental Laws in Oklahoma [USA] - The Paper, Allied-Industrial, Chemical and Energy Workers International Union (PACE) today filed a lawsuit against Houston-based Continental Carbon Company. The company is majority owned by Taiwan-based China Synthetic Rubber Company and Taiwan Cement Corp. The federal lawsuit...charges Continental Carbon with past and continuing violations of federal hazardous waste laws through the unsafe, improper and unauthorized operation of its Ponca City carbon black plant in Kay County, Okla. (Paper, Allied-Industrial, Chemical and Energy Workers International Union, 23 July 2002)
Sasol capitulates in dispute with ill worker [South Africa] - Sasol, the synthetic fuel producer faced with contempt of court proceedings tomorrow for refusing to reinstate a worker who was dismissed when he became ill from exposure to toxic chemicals, has capitulated and agreed to rehire the man. (Ronnie Morris, Business Report [South Africa], 22 July 2002)
Jury clears Exxon Mobil of additional Valdez costs [USA] (Yereth Rosen, Reuters, 19 July 2002)
US utility pollution cases going forward - The Bush administration is pressing ahead with lawsuits against eight electric utilities despite its plan to relax air pollution rules for aging coal-fired power plants (Chris Baltimore, Reuters, 18 July 2002)
US sues Shell, Saudi venture over tank explosion - The U.S. Justice Department said this week it had filed suit against a joint venture of Shell Oil Co. and Saudi Refining Inc., accusing the company of "gross negligence" that led to a deadly tank explosion last year...which killed one person and injured eight others. (Reuters, 17 July 2002)
Indonesia's Guerrilla War Puts Exxon Under Siege -...Exxon Mobil is also the object of a lawsuit filed on behalf of villagers who accuse the company of turning a blind eye to brutality by Indonesian soldiers, who have a long history of human rights abuses and have been paid to provide the plant's security. (Jane Perlez, New York Times, 14 July 2002)
A Long Way to Find Justice: What Are Burmese Villagers Doing in a California Court? -...American judges have embraced the opportunity to hold multinational corporations responsible for perceived abuses that result from international trade and investment [includes reference to cases against Unocal, Gap Inc., J.C. Penney, Levi Strauss, the Limited]...Companies need to scrutinize the practices of their business partners -- how they treat workers and the environment, how they interact with local military and political authorities -- to determine whether they violate international standards or offend the conscience of U.S. courts. (Elliot Schrage, former Senior Vice President of Global Affairs at Gap Inc., in Washington Post, 14 July 2002)
Shadows of 'that night': the struggle for justice for Bhopal - A letter from Indra Sinha, pleading for justice for the victims of the Union Carbide gas disaster in India. (New Internationalist, 12 July 2002)
Cooper Cameron says sued over water contamination [USA] - Cooper Cameron Corp. said this week that it had been sued by a resident of Houston over contamination of underground water. The Houston-based maker of valves and other equipment for the oil and gas industry (Reuters, 11 July 2002)
Investment and Human Rights: The Era of Responsibility - As an American oil company [Unocal] heads to court [in USA] for alleged human-rights abuses in Burma, a new era of foreign investment begins in which firms must carefully consider the behaviour of their partners [also refers to lawsuits against Coca-Cola, ExxonMobil] (Murray Hiebert, Far Eastern Economic Review, 11 July 2002)
Bhopal Survivors Stage Protest Over Lessened Accusation - India Seeks to Reduce Charge Facing Ex-Union Carbide Boss...The [Indian] government has asked the Bhopal District Court to reduce the charges against Anderson from culpable homicide to negligence. (Rama Lakshmi, Washington Post, 8 July 2002)
Banks and Human Rights: Should Swiss Banks Be Liable For Lending To South Africa's Apartheid Government? (Anita Ramasastry, Assistant Professor of Law at the University of Washington School of Law, in FindLaw, 3 July 2002)
Plight of Peru town dim after mine's mercury spill -...Chuquitucto blames her blindness on the June 2000 spill from one of the world's top gold mines, Yanacocha, an environmental disaster that has prompted villagers to file a lawsuit in Colorado against Denver-based Newmont Minerals. (Missy Ryan, Reuters, 3 July 2002)
European court ruling victory for UK unions -... The European Court of Human Rights on Tuesday ruled in favour of a journalist and a group of dockworkers who were told they could not have pay rises unless they signed personal contracts accepting not to be represented by a trade union. (Mary Watkins, Financial Times, 2 July 2002)
Despite upsurge in litigation, China's courts fail to redress labor abuses (Philip P. Pan, Washington Post, in Seattle Times, 2 July 2002)
Longer hours lead to lawsuits over pay [USA] [regarding lawsuits about unpaid overtime; refers to Starbucks, Wal-Mart, Tyson Foods, Rite Aid, Bank of America, Pacific Bell, Farmers Insurance Group] (Fay Hansen, Christian Science Monitor, 1 July 2002)
The Enforcement of Environmental Law from a Human Rights Perspective (Romina Picolotti & Sofia Bordenave, CEDHA - Center for Human Rights and Environment, July 2002)