Sexual Advances, Filipino Favoring Ignored, Fired Man Says
LOS ANGELES (CN) – A woman sexually harassed a Latino man, another falsely accused him, and his boss favored Filipinos, he claims in Los Angeles County Superior Court.
Sergio Rivas sued Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals and Southern California Permanente Medical Group for age discrimination, race and national origin discrimination, harassment based on race and national origin, sexual harassment, retaliation, failure to prevent discrimination and retaliation, health and safety code violations and tortuous wrongful termination.
According to the lawsuit, a woman showed revealing pictures of herself to Rivas beginning in 2015.
“When he told her he was not interested, she began following him around at work, putting threatening letters on his desk and calling his wife and accusing him of infidelity. Plaintiff reported this harassment to Human Resources in 2015 and 2016 but nothing was done to stop the harassment,” the complaint states.
Also in 2016, someone showed Rivas a defective gastroenterological scope, which Rivas reported, according to the complaint. Rivas was disciplined for the report and falsely accused of sexually harassing the nurse who should have reported the defective scope but hadn’t, the complaint says. Rivas was suspended for nine months due to the false harassment allegation, it says.
When Rivas came back to work, his new department administrator harassed and discriminated against him by taking away some of his duties, according to the complaint.
“She then requested that plaintiff perform some of these duties, then disciplined him for doing so, wrongfully accusing him of acting without her authorization,” the complaint states.
Rivas contends the Department Administrator’s behavior was due to Rivas’ Latino origin. She favored Filipino staff, Rivas claims.
In 2017, Rivas reported that an anesthetic drug had been left unsecured on a cart, as well as several other safety concerns, according to the complaint. He also complained about the ethnic discrimination and filed a complaint with the Equal Employment Opportunity Commission (EEOC), according to the lawsuit. Kaiser retaliated with further unwarranted discipline and ultimately fired him in Jan. 2018, according to the complaint.
Rivas seeks general and punitive damages, lost past and future income and benefits, medical costs, attorneys’ fees, costs of suit and a jury trial. He is represented by Timothy B. Sottile, Michael F. Baltaxe, Payam Aframian and Victoria Felder of Sottile Baltaxe in Westlake Village and by Charles T. Matthews of The Matthews Law Firm in Arcadia.