Worker Underpaid and Denied Promotions, She Claims
10-9-2018 01:09:00

     SAN BERNARDINO, Calif. (CN) – Kaiser underpaid a woman and denied her promotions due to her age, race and national origin, she claims in San Bernardino County Superior Court.

     Archana Shah sued Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals for hostile work environment harassment, discrimination, failure to prevent discrimination, harassment and retaliation, retaliation and breach of contract.
     According to the complaint, Shah was hired as a Point of Care Testing Coordinator. (POTC) in 2012. Before that, she had 15 years of experience.
     “Archana is a 58-year-old, Indian woman who, despite her unrivaled performance and experience, has been repeatedly passed over for promotion and, on at least one occasion was demoted,” the complaint states.
     Shah claims she was paid less than other Point of Care Coordinators.
     “For years, Archana has notified her superiors and defendants’ human resources department of this unequal treatment. Finally, in or around Dec. 2017, defendants acknowledged that Archana had been underpaid for years and promised to pay her back wages to compensate her for her work as a POTC, as other similarly situated POTCs are paid. Despite multiple promises to pay Archana, at least one of which was written, defendants have failed to repay Archana for the yeas of underpayment she has endured,” the complaint states.
     Two management positions she applied for were given to younger, less experienced Pilipino candidates and a third position was eliminated, according to Shah’s complaint. Shah contends her race, national origin and age were the reason.
     When she complained, she was written up on a pretext, stripped of her Point of Care duties and reassigned to the weekend shift in another department, she says. Someone ransacked her office while she was on vacation, she says.
     Archana Shah seeks compensatory and punitive damages, attorney fees, costs of suit, expert witness fees, injunctive relief and a jury trial. She is represented by David M. Peer of Peer & Hart in Carlsbad.