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| | Intercare Arbitration Decision At Odds With Witness Accounts By Jorge Alexandria - January 18, 2013
The one person battle against Intercare over Spanish speaking at Intercare is over. On December 19, 2012 Honorable Judge Judith C. Chirlin issued a binding arbitration award that has just come to light, in favor of Defendant Intercare Insurance and against the Plaintiff, Sylvia Lopez.
The Arbitrator ruled and reasoned, through a variety of gymnastic exercises, that the discrimination Ms. Lopez had complained about does not fall under the Fair Employment and Housing Act (FEHA). This was in spite of what I believed was very strong testimony to the contrary from several past and present Intercare employees--most notably Johanna Collins, Grace Dominguez and Isabel Venegas Ruiz.
Confession time. I worked at Intercare in management from age 38 to age 42 with no breaks in between. I was the lone wolf who vociferously spoke out against an English-only imperative. I mention this because whether or not you agree with my forthcoming observations about the Intercare debacle and its attitude towards Spanish speakers, you must concede that I spent some time, and invested some blood, sweat, toil, and tears into the very issue at the heart of this matter. To borrow from Charles Barkley, the basketball great, my motto also is: “I May Be Wrong. But I Doubt It.” At least in this case.
"...my motto also is: 'I May Be Wrong. But I Doubt It.' At least in this case."
Jorge Alexandria, former Intercare claims supervisor
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Here is my long-held belief: Intercare’s actions towards Spanish speakers were in violation of FEHA regulations. Why then did the arbitrator rule otherwise? I don’t know. I just know some rulings, while properly and intelligently reasoned, are just plain wrong.
Take the Dredd Scott case for instance where in 1857, the United States Supreme Court, led by Chief Justice Roger B. Taney, declared that all Blacks -- slaves as well as free -- were not and could never become citizens of the United States. Also not quite a half century ago, on January 14, 1963, George Wallace, as governor of Alabama, gave a mandate to his administration and said, “I draw the line in the dust... and I say, segregation now, segregation tomorrow, segregation forever!” Today those words still posses the power to shock as does the segregation of Spanish speakers from their English speaking counterparts today in the work place.
I also think that when people proceed to binding arbitration they ought to be very careful because no matter how badly reasoned the arbitration award is – for either party- the arbitrator’s ruling is final. No appeals, no second go around, zilch, nada.
Also, there are procedural drawbacks. For one, binding arbitration doesn’t create a proper record. Why should it as there is no possibility of an appeal? In fact, many plaintiffs’ attorneys say the lack of a record hurts their clients more than it does the defense in individual proceedings. What is more, employers are more comfortable with a selected arbitrator than they are with a judge that was selected for the case. That is because you pretty much know who your arbitrator is going to be, and you can anticipate what a decision will look like. Last, most employers prefer arbitration because it reduces publicity around the case, preventing other employees from filing copycat cases.
So does Sylvia Lopez have buyer’s remorse?
"I walk away knowing I presented the truth, and not some form of it." Sylvia Lopez, plaintiff and former Intercare claims adjuster |
Probably, but she is not showing it. In fact, after the three year marathon ordeal I sense that she feels a little older, a bit wiser, and a lot lighter (with the proverbial elephant off her chest). She states, “I remain of the opinion that there was clear discrimination but unfortunately the arbitrator was of a different opinion. I walk away knowing that I presented the truth and not some form of it. Some friendships were lost but I will be forever grateful to those who lead and told the truth.”
Indeed, lawsuits are terrible, life-sucking, emotionally draining events. The idea of voluntarily immersing yourself into one just for the purpose of getting something or someone to change their habits is mind blowing. A well-run company recognizes change, it recognizes that the work place is now more diverse and adapts to this change. Changes shouldn’t be the enemy; they should be something you embrace. Having Spanish speakers should be something companies embrace rather than ban.
Change is good.
Jorge Alexandría is a U.S. Army veteran who received his B.A. in Political Science from Cal State Los Angeles, and graduated from Cal Poly Pomona with a Master’s in Public Administration. He holds both a California Workers Compensation Claims Professional (WCCP) designation and the State of California’s Self-Insured Administrator’s License. With more than 20 years industry experience, including various leadership positions, he is a leading expert in the field of risk management. He currently practices federal workers’ compensation of maritime interest. He can be reached at Riskletter@mail.com. The views and knowledge expressed in this article are Jorge Alexandría’s alone.
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