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Griffin v. United Health Care Services10/31/2005
Employment Application on October 26, 1999. On March 20, 2000, she signed the Code of Conduct Acknowledgement. She voluntarily left United Behavioral Health in September 2001 to work at another organization.
In September 2002, Perryman reapplied to work at United Behavioral Health, again executing the Employment Application. The September 26, 2002 letter confirming her employment included a summary of UnitedHealth Group's internal dispute and employment arbitration policies, and identified the policy as a binding contract between her and UnitedHealth Group to resolve all employment-related disputes.
On September 30, 2002, Perryman signed the above described UnitedHealth Group "New Employee Orientation Training Acknowledgement Form;" a document on UnitedHealth Group letterhead entitled "Principles of Integrity & Compliance and Employee Handbook Acknowledgement Form," in which she acknowledged her responsibility for reading the employee handbook, which contained important information regarding general employment policies and her obligations as an employee; and an untitled piece of paper that states she agreed "to submit any and all employment related disputes based on a legal claim to arbitration, and agree to waive my right to a trial before a judge or jury in federal or state court in favor of arbitration under the Policy."
Perryman was terminated on May 11, 2004.
7. Laquita Madison signed the Employment Application on March 3, 2000, and the Code of Conduct Acknowledgement on March 27, 2000. She was terminated on March 12, 2004.
8. Lavette Neal signed the Employment Application on September 4, 1997, and the Code of Conduct Acknowledgement on November 14, 1997. She was terminated on May 11, 2004.
9. Byron LaGrant signed the Employment Application on March 30, 1999, and the Code of Conduct Acknowledgement on May 24, 1999. He was terminated on April 2, 2004.
10. Vincent Underwood signed the Code of Conduct Acknowledgement on March 14, 1996. He was terminated March 18, 2004.
Complaint
On November 1, 2004, plaintiffs filed their action for damages and injunctive and declaratory relief. They alleged generally that the United Behavioral Health appeals department was approximately 80 percent African American in July 2003 when Pomeroy, a Caucasian, began her employment as its director. At the time she was heard to remark to another United Behavioral Health employee that she had "`never been around so many black people before.'" As of May 2004, the appeals department was approximately 80 percent Caucasian. In the 10 months since Pomeroy became department manager, she had terminated or laid off 12 African American employees and rejected other highly qualified African Americans for employment, and the department had become permeated with racism and hostility to African Americans.
Plaintiffs also alleged that they brought the condition in the appeals department to the attention of the senior management of United Behavioral Health and United HealthGroup, but the management did not conduct any effective investigation. Plaintiffs' complaint alleged numerous specific incidents of alleged racially discriminatory conduct by Pomeroy, including wrongful terminations, denials of promotion, and unjustified performance evaluations.
Plaintiffs' complaint sought damages for violation of the California Fair Employment and Housing Act, the California Family Rights Act and the California Constitution's proscription against employment disqualification based on race (Gov. Code, §§ 12940, subd. (a), 12945.2, subd. (l) (1) & (2); Cal. Const., art. I, § 8), injunctive relief for unlawful and u
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