Farmers Insurance Employee Discrimination

Farmers Insurance Exchange will pay a total of $225,000 to three former employees to settle a federal complaint of racial discrimination and retaliation.

By Tim Sheehan tsheehan@fresnobee.com

Farmers Insurance Exchange will pay $225,000 to three former employees to settle a federal complaint over racial discrimination and retaliation at its Fresno claims office.

U.S. District Court Judge Anthony Ishii approved the settlement on Wednesday and it was announced Thursday by the U.S. Equal Employment Opportunity Commission. It stems from a complaint filed by the EEOC in 2013 on behalf of two Hmong employees who were terminated in 2009, as well as a third employee who was allegedly fired for testifying to the EEOC in its investigation.

The EEOC charged that prior to 2009, supervisors had instructed employees at Farmers’ branch claims office in Fresno to code payments to customers as partial payments as a way of avoiding negative customer service surveys. But a 2009 audit led to interviews of claims representatives over the partial-payment coding. Two Hmong representatives, Chia Xiong and John Yang, were later terminated, the EEOC alleged, while non-Asian employees who had also coded some cases as partial payments were retained by the company.

The EEOC complaint alleged that Farmers terminated two of its Asian employees for coding cases as partial payments “while retaining similarly situated non-Asian employees who had also coded cases as partial payments.”

After Xiong filed a complaint with the EEOC, a third employee, Jason Lowry, was interviewed by the federal agency in 2012 as part of its investigation. Within two weeks, Farmers questioned Lowry about his testimony to the EEOC, and the next day he was placed on leave. Six weeks later, Lowry was fired “due to his participation in the EEOC’s investigation,” according to the complaint.

Melissa Barrios, the EEOC Fresno office director, applauded the affected employees for coming forward with their experience with the company, “because oftentimes Asian and Pacific Islander communities are reluctant to complain.”

Under the terms of the settlement, Farmers does not admit any liability or wrongdoing.

In addition to the financial terms covering lost wages as well as damages for emotional distress, the consent decree requires Farmers to assign a monitor to its Fresno claims office to ensure compliance with federal fair employment laws, train supervisors and human-resources officers about the law and train employees about their legal rights.

“We commend Farmers Insurance Exchange for agreeing to make changes that will ensure compliance with federal law,” said Anna Park, regional attorney for the EEOC’s Los Angeles district, whose territory includes Fresno.

Tim Sheehan: 559-441-6319, @TimSheehanNews
Source: fresnobee.com

Age discrimination: Farmers Insurance company hit with $749,000 verdict

by Michael Futterman and Jaime Touchstone

A claims adjuster filed suit against Farmers Insurance when she was terminated after returning from a medical leave. A Fresno jury found that Farmers discriminated against the employee based on her age and failed to reasonably accommodate her disability. The jury awarded the employee $749,000, and she may be able to recover her attorneys’ fees as well.

Claims adjuster sues over termination

Farmers Insurance hired Sharron Warehime to work as a claims adjuster in its Visalia office. Warehime, who was 57, had more than 15 years of experience in the insurance industry. Initially, she received good to outstanding job performance ratings and was awarded various professional honors and accolades by Farmers.

Things at Farmers began to sour for Warehime after she was transferred to the company’s Fresno office. Following the transfer, she asked to handle her own caseload rather than working on cases assigned to other adjusters. Her supervisor obliged, allegedly assigning her the largest caseload in the office, including a previously fired coworker’s problematic files.

Overburdened, Warehime eventually requested help and a reduction in her caseload. In response, her supervisor acknowledged that she was responsible for a larger than usual number of files but didn’t reassign any of her work.
On top of the heavier workload, the Fresno office was staffed with younger employees who allegedly began directing ageist comments at Warehime, including “I don’t want to work when I’m your age” and “The old fuddy-duddy is coming in.”

Warehime complained. Her supervisor allegedly responded by conducting “case reviews” on her files, which culminated in Warehime receiving several “warnings” and being placed on probation. When she responded that the negative evaluation of her work was inaccurate and unfair, she was instructed to improve her performance.

The stress at work became so intense that Warehime allegedly suffered a mental breakdown and took a doctor-recommended leave of absence to undergo treatment for depression and anxiety. At the conclusion of her medical leave, her doctor cleared her to return to work, allegedly with a request that Farmers allow her to initially work a part-time schedule. The company didn’t respond to that request, and when she showed up for her first day back, a young man was sitting at her desk. Farmers had allegedly terminated her without notice.

Warehime sued Farmers for violations of California’s Fair Employment and Housing Act (FEHA), including claims for age discrimination, retaliation, failure to provide reasonable accommodation, and failure to engage in a timely good-faith interactive process. After a five-week trial, the jury found that Warehime had been a victim of age discrimination and retaliation and that Farmers failed to accommodate her disability. The jury awarded her $749,000, which included damages for lost wages and benefits.

Warehime also filed a motion to recover her attorneys’ fees. That motion and Farmers’ posttrial motions for a new trial and judgment notwithstanding the verdict are set for hearing in January 2014.

Jury believed employee

The FEHA affords job protection to individuals who are 40 or older and prohibits the harassment of any employee or applicant based on age. Businesses that regularly employ five or more workers on a full- or part- time basis must comply with the FEHA’s antidiscrimination provisions and evaluate job applicants and employees on the basis of their abilities, not their age.

Employers with one or more employees may be held responsible for any acts of harassment committed by their agents and supervisors and are required to take all reasonable steps necessary to prevent harassment on the basis of age. When a job applicant or employee is denied an employment benefit or is the victim of unlawful harassment based on age, the employer may be liable for age discrimination.

However, the FEHA does not insulate older workers from disciplinary action or performance standards administered equally to employees of all ages. Employers may terminate, discharge, demote, or otherwise discipline an employee who is 40 or older if she either fails to perform the normal functions of her job or conform to its legitimate business requirements.

In her lawsuit, Warehime contended that she was treated differently than other employees because of her age, and when she complained to her supervisor, she experienced retaliation through progressive discipline designed to lead to her termination. In response, Farmers argued that she was terminated because she didn’t embrace technology at work, rejected training to become a better employee, and blamed others for her problems when her workload backed up. Farmers also claimed she “low-balled” customers on their claims, leading to increased lawsuits against the company.

Ultimately, the jury believed Warehime when she asserted that she was a “committed team player and good with customer service” who participated in any required training and received positive performance ratings for the first three years of her employment.

Farmers failed to accommodate disability

The FEHA requires covered employers to accommodate an employee or applicant with a known physical or mental disability as long as the accommodation does not cause an undue hardship. In response to a request for an accommodation, covered employers must engage in a timely good- faith interactive process with the individual to determine if any effective reasonable accommodations are available.

Warehime allegedly suffered from work-related anxiety and depression, making her a qualified individual with a disability under the FEHA. She requested that upon her return from medical leave, Farmers allow her to work a part-time schedule as an accommodation for her mental health condition. Rather than granting her request, Farmers terminated her immediately upon her return from medical leave.

Warehime accused Farmers of failing to provide reasonable accommodation for her disability and failing to engage in a timely interactive process. The jury agreed, which likely contributed to the six-figure award. Sharron Warehime v. Farmers Insurance (Fresno County Superior Court, Case No. 08CECG02976).

Bottom line

Complaints of discrimination based on age and disability require a thoughtful response from employers. Firing an employee on the same day she returns from leave is rarely a good idea. The large jury verdict in this case suggests that Farmers acted in an overly aggressive manner without adequate appreciation for the legal and economic risks at stake.

Source: http://hr.blr.com/

 

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