WISE: EEOC Sues Dynamic Medical Services for Religious Discrimination

[ethercat]

Dynamic Medical Services is a chiropractic center in  Hialeah, Florida which hired people to do cold-call telemarketing and go out to locations in the area to solicit customers (I am hesitant to call them patients).  These people were then made to go to the "Church" of Scientology to take scientology courses as a condition for their continued employment.  The people represented in the lawsuit clearly said "Do not want" and were fired or resigned as a result.

There's a copy of the complaint in the lawsuit here: http://alley.ethercat.com/storage/2013-05-08-WISE-EEOC-v-Dynamic-Med-Svces-Complaint.pdf

Here's the press release:
http://www1.eeoc.gov/eeoc/newsroom/release/5-9-13.cfm

PRESS RELEASE
5-9-13

EEOC Sues Dynamic Medical Services for Religious Discrimination

Federal Agency Charges Company Required Employees to  Participate in Scientology Religious Practices, Fired Two for Refusing to  Participate

MIAMI  - Dynamic Medical Services, Inc., a Miami company owned by Dr. Dennis Nobbe and  which provides medical and chiropractic services, violated federal law by requiring  employees to attend courses that involved Scientology religious practices, the  U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed  today.

According  to the EEOC's suit, the company required Norma Rodriguez, Maykel Ruz, Rommy Sanchez,  Yanileydis Capote and other employees to spend at least half their work days in  courses that involved Scientology religious practices, such as screaming at  ashtrays or staring at someone for eight hours without moving.  The company also instructed employees to  attend courses at the Church of Scientology.   Additionally, the company required Sanchez to undergo an "audit" by  connecting herself to an "E-meter," which Scientologists believe is a  religious artifact, and required her to undergo "purification" treatment at the  Church of Scientology.  According to the  EEOC's suit, employees repeatedly asked not to attend the courses but were told  it was a requirement of the job.  In the  cases of Rodriguez and Sanchez, when they refused to participate in Scientology  religious practices and/or did not conform to Scientology religious beliefs, they  were terminated.

Requiring  employees to conform to religious practices and beliefs espoused by the  employer, creating a hostile work environment, and failing to reasonably  accommodate the religious beliefs of an employee all violate Title VII of the Civil Rights Act of 1964.  The EEOC filed suit in U.S. District Court  for the Southern District of Florida after first attempting to reach a  pre-litigation settlement through its conciliation process.  The lawsuit, EEOC v. Dynamic Medical Services, Inc., (Case No. 1:13-cv-21666), seeks  back pay for Rodriguez and Sanchez, compensatory and punitive damages for all  named claimants and a class of individuals subjected to a hostile work  environment and disparate treatment, and injunctive relief ordering the company  to stop requiring employee participation in courses involving religious  practices, among other types of injunctive relief.

"Employees'  freedom from religious coercion at the workplace must be protected," said  Robert Weisberg, regional attorney for the EEOC's Miami District Office.  "These actions are a shameful violation of  federal law."

The  EEOC's Miami District director, Malcolm Medley, said, "When an employer makes  an employment decision based on employees' failure to adopt the employer's  religious beliefs, it violates federal law.   The EEOC will act vigorously to protect the rights of workers who are  subjected to religious harassment and coercion in the workplace."

The  EEOC enforces federal laws prohibiting employment discrimination.  The Miami District Office's jurisdiction  includes Florida, Puerto Rico and U.S. Virgin Islands.  Further information about the EEOC is  available on the agency's website at www.eeoc.gov.

There is also a thread on ESMB about this here: http://www.forum.exscn.net/showthread.php?31685-EEOC-Sues-Dynamic-Medical-Services-A-WISE-Company-for-Religious-Discrimination

[Mary_McConnell]

Very insightful article!

Meet Dennis Nobbe, Miami chiropractor and Scientologist!
Wednesday, May 22, 2013 7:27 AM
From:
"Tony Ortega" <tonyo94@gmail.com>

You may have heard that a chiropractor's office in Miami is being sued by the EEOC for forcing its employees to take Scientology courses, but who is Dennis Nobbe, the man behind the office, and why did this case get this far? We have some clues now, thanks in part to our old friend Frank Oliver.

http://tonyortega.org/2013/05/22/meet-dennis-nobbe-miami-chiropractor-and-scientologist/

[Mary_McConnell]

EEOC Settles Claims Of Scientology Forced On Health Workers
By Abigail Rubenstein 0 Comments
Law360, New York (December 18, 2013, 7:03 PM ET) --

A Florida chiropractic medical practice on Tuesday agreed to pay $170,000 to resolve the U.S. Equal Employment Opportunity Commission's claims that it forced its employees to practice Scientology and wrongfully fired employees who complained about it.

Despite denying any wrongdoing, Dynamic Medical Services Inc. agreed to enter a consent decree with the agency, according to a joint motion filed by the EEOC and the company, which has two clinics in South Florida. If approved by the court, the consent decree will require Dynamic to cough up $170,000...

http://www.law360.com/articles/496747/eeoc-settles-claims-of-scientology-forced-on-health-workers

Tony Ortega has the doc, 12/17/2013
EEOC vs Dynamic Medical Services, Consent Decree - Scribd
http://www.scribd.com/doc/192449288/EEOC-vs-Dynamic-Medical-Services-Consent-Decree

[Mary_McConnell]

MONETARY CONSIDERATION

12.
Dynamic shall pay total monetary relief totaling $170,000.00 to settle claims asserted by EEOC. Dynamic and Plaintiff-Intervenors have entered into a separate agreement to resolve related claims not asserted by the EEOC and to which EEOC is not a party. The division of the total monetary relief among the Plaintiff-Intervenors and Class Members is as follows:

Plaintiff-Intervenor or Class Member Back Pay [for which an IRS W-2 shall issue]

Compensatory Damages [for which an IRS Form 1099 shall issue]
Plaintiff-Intervenor or Class Member Back Pay   Compensatory Damages
Rommy Sanchez   $4,400                                      $50,000
Norma Rodriguez   $1,000                                      $50,000
Maykel Ruz           None                                        $18,700
Yanileydis Capote   None                                       $37,400
Class Fund (Class Members) None                             $8,500. 13.
 
Dynamic shall pay a total of $161,500.00 to Plaintiff-Intervenors. Payment shall  be made within twenty-one (21) calendar days following the Court’s approval of this Decree. Payment shall be made in three (3) separate checks as follows


One check shall be made payable to “Rommy Sanchez” in the amount of $4,400.00. This check shall be for back-pay amount owed and shall include payroll deductions and other applicable deductions.  b.
 
One check shall be made payable to “Norma Rodriguez” in the amount of $1,000.00. This check shall be for back-pay amount owed and shall include payroll deductions and other applicable deductions. c.
 
One check shall be made payable to “Zandro E. Palma, P.A., Trust Account” in the amount of $156,100.00. d.
 
All three checks shall be delivered, via overnight delivery service with signature requested to: Zandro E. Palma, 3100 South Dixie Highway, Suite 202, Miami, FL 33133. 14.
 
Dynamic shall pay $8,500.00 to settle claims brought by EEOC on behalf of Class Members. Payment shall be made within twenty-one (21) calendar days following the Court’s approval of this Decree. The checks shall be delivered, via overnight delivery service with signature requested to:
EEOC Regional Attorney, Robert E. Weisberg, Re: Dynamic Medical Services Consent Decree, at United States Equal Employment Opportunity Commission, Miami Tower, 100 SE 2nd  Street, Suite 1500, Miami, Florida 33131.

Checks made payable to the following individuals for the following amounts:
Class Member Compensatory Damages

Melissa Ferrer $3,200.00
Ariel Alom $3,200.00
Gustavo Panesso $1,600.00
Yanela Blanco $500.00

15.
 
Copies of the checks and related documents (including copies of I.R.S. Form W-2's) that are sent to Plaintiff-Intervenors shall be sent contemporaneously to the attention of “EEOC Regional Attorney, Robert E. Weisberg, Re: Dynamic Consent Decree,” at United States Equal  Employment Opportunity Commission, Miami Tower, 100 SE 2nd  Street, Suite 1500, Miami, Florida 33131

[AnonLover]

I have a dox collection for this case on Scribd with a few extra things not posted elsewhere:
http://www.scribd.com/collections/4379461/Scientology-lawsuits-EEOC-v-Dynamic-Medical-Services

[mefree]

Thanks, AL.

[Mary_McConnell]

Ditto, AL!! Thanks