Former human resources compensation consultant Shaune Patterson alleges she was suspended for one month and then wrongfully terminated after complaining that her white counterparts, who were junior to her, were making higher salaries than she was.
"Patterson alleges that the suspension came one day after she complained of racial discrimination," a press statement said. "Patterson alleges that one of Apple's managers wrote a memo describing her as a "rather obese-sized black lesbian."
"Apple discounted my client's achievements, choosing to base the decision to discipline not on her performance, but rather on her size, race, and sexual orientation," Mr. McCoy said in a prepared statement.
The suit was filed last week in the United States District Court for the Northern District of California in San Francisco by Waukeen McCoy, of the firm McCoy & Associates. Mr. McCoy alleges the suit "may be one of the largest discrimination lawsuits filed against Apple Computer by a Lesbian," although court papers show the former employee is suing for unspecified damages, The Mac Observer has learned.
The Web site for Mr. McCoy's law firm describes him as "one of the most feared and revered attorneys in San Francisco."
Mr. McCoy also claimed a similar suit against Apple in 2001 was "one the largest racial discrimination cases in U.S. history," when an unnamed former employee sought $40 million in damages after being fired for bringing a friend to his place of work. Mr. McCoy claimed his clients "white counterparts" hadn't been disciplined or fired for bringing a friend or family member to work and said, "we also believe he was getting less pay than his white counterparts as well."
Mr. McCoy was the lead plaintiffs' attorney in one of the largest U.S. racial discrimination suits, Carroll v. Interstate Brands Corporation, the parent company of Wonder Bread, which rendered a verdict for $132 million in August of 2000.
I think this case is another example of what is wrong with the US. We need to stop this now. No one who is wronged in the way is deserving of 50-130 million dollars. I think we all need to sue civil suit lawyers for making our prices so high.
I know, in a sense the US does a lot to fight racism and some of its tactics work pretty well. And just so you don't have to point it out to ME, some of Europe's tactics work pretty, well, some don't work at all.
But for a European it's pretty much a mystery why someone can't be called an obese black lesbian if that person happens to be obese, black and yes, a lesbian. Which doesn't mean she should be measured according to that description instead of her work, but well, call a spade a spade...
Equally, I hear a lot of complaints from European ex-patriots who can't seem to figure out how they should behave towards blacks, latino's and other "ethnic minorities", even if they happen to share the same genetic make-up.
While the buzz word is: no discrimination, in reality this means having to have a token respect for one's cultural uniqueness, which of course translates in hard to get signals and fashions shared by (mostly only a subset of) that "ethnic minority".
Which in effect means that instead of having to treat everyone as equal, you have to sort of bow into and out of possibly embarrassing situations every time you meet someone.
The worst I heard was a black londoner who was beat up for not showing proper respect to the "brothers".
For myself, I can share the experience of having to explain that no, I don't feel particularly guilty for being white. After all, my country was invaded with South American gold, my forefathers were beaten by the same bastards who beat your forefathers, etc etc. This invariably is regarded as having no respect, as being a racist. Note that I never belittle slavery and conquest, I just point out that historically, his/her forefathers were tricked by the same people who tricked mine...
CloseViewName:Guest Mon May 23, 2005 7:38 amSubject:
Quote
Guest wrote: I think this case is another example of what is wrong with the US. We need to stop this now.
No need to stop anything, employers are not operating in a vacuum. Eventually, employers will invent ways to protect themselves from dangers of offing jobs to people -- such as, outsourcing their jobs to minorities and women in other countries -- or employing machines.
First of all I am and American Soldier and physician and not European. I make the US comment above.
Racism maked me angery. I am think you all have misjudge what I am saying. I am angry these cases make it to court. I think 50 or 132 million is excessive. I am a physician and I make over $100,000 a year, but do not feel that if I were wronged that it would be worth that much.
I have been the victim of racism and I am white. It took me 3 extra years to make it into medical school because of lesser qualified minorities such as African Americans and female were accepted to meet quotas for federal and state funding. I just think we need to make a stand and stop all this PCness. It is one thing to try not to offend others and another to bend over backwards to the point where it is ridiculous.
Seems to me that these huge lawsuits do more to keep racism alive-and-well than to repress it. Even if the claims are true (I have no reason to doubt or believe them.), I agree that this seems excessive.
Tell us something Brad - are'ne you guilty of deliberately slanting this news in a way that immediately 'sic' prejudices the non-black reader against the claims of this lawsuit. The rather obvious inclusion of info. on the lawyer seems like to be an obvious attempt to twist opinion on the merits of the case don't you think. I do not have to know who you are brad to see what you already have determined about the truth of the accusations against Apple. You really need to be a bit less transparent in your biases man - your slant reeks of the 'r' word. Sheesh!
Anonymous wrote: The rather obvious inclusion of info. on the lawyer seems like to be an obvious attempt to twist opinion on the merits of the case don't you think.
Uh...could you explain this more?
How is giving info on the lawyer who's bringing the case against Apple racist?
You're gonna have to explain that a little more clearly.
Ah my favorite type of lawsuit. Old faithful. Hi I'm Apple. I have this totally amazing, talented, employee who's outperforming all expectations for his job. But he's black so I'm gonna fire him. I mean honestly. Get real.
Hey what does he care if he's a hypocrite and is perpetuating the concept of racism? As long as he gets some money from Apple!
Biff wrote: I have this totally amazing, talented, employee who's outperforming all expectations for his job. But he's black so I'm gonna fire him. I mean honestly. Get real.
Did you read it?
She claims that they fired HER because she complained that people under her were making more money than she was because they were white.
I don't know if any of that is true, but your explanation here is not what's in the article.
CloseViewName:Guest Mon May 23, 2005 12:25 pmSubject:
Quote
Which in effect means that instead of having to treat everyone as equal, you have to sort of bow into and out of possibly embarrassing situations every time you meet someone.
I am a *NATIVE* American, yet my "ancestors" came from Ireland, Scottland, Germany, England and ...???
Native = the 3rd or consecutive generation born in the same country
American = A person of citizenship of the United State of America.
I'm a mildly-obese (ok 25lbs "overweight") "white" pro-opposite gender male.
blah blah blah....
If a couple moves to a dramatically different country (e.g., from Korea to America or Englan), then they have kids, then grandkids come, then great-grandkids come, it is 100% proven that by the time the 3rd generation comes along most, if not all, of the "culture" that the great-grandparets brought to that new contry is no longer followed by the 3rd generation born in that new country.
Ditch "African-American", because you are "American" (unless, of course, you are an immigrant);
Ditch "Hispanic", because you are "American" (unless, of course, you are an immigrant);
Ditch any other “politically correct” label, because you are an American (unless, of course, you are an immigrant).
Ditch “caucasion”, because you are “American” (unless, of course, you are an immigrant).
And, while it is statistically proven that if someone is fat / obese / overweight, or a smoker, or an alcoholic, or drug addicted, every taxpayer (whether they are this, as well) will be paying for your “health” in terms of recovery, be it welfare or drug rehab or some lawsuit you have against a company (and we pay higher prices for their products to cover you), or prison time you have (for being drunk / dosed up and commit a crime; hey, don’t get me wrong, even those not drunk or drugged up commit crimes…).
Yeah, if someone noted that you were an obese black lesbian, if it was stated for harm, they didn’t show “respect”. However, if a friend of ours arranged for you and I to meet for lunch and they described you as an obese/larger black woman, and you wear funky clothes as a result of your lesbianism … ooo, sue me and them.
However, if I were on the jury hearing your case and I did find Apple guilty, I’d award you no more than your present salary, minus taxes, plus (the yearly cost of living index times 3) as a yearly-calculated increase/ percentage, times the number of years until your retirement. And, that every 5 years an additional increase of 35% of that yearly salary, which would then be added/increased w/cost of living index; and also add $2 million for defamation of character.
For those outside of the US who wonder why we aren't allowed to say the plain truth here: we do it for the children. Seriously, what happens is that because America is a melting pot, and because some groups don't melt as well as others, certain people use that as a crutch. There used to be a lot of prejudice towards the Irish and the Germans, but for the most part they got over themselves. Now, I'm a white guy with no religious affiliation, so I've never been burdened with that; if I fail, I have to look in the mirror. That's too uncomfortable for a lot of people, and they seek vindication (and, let us not forget, $$) from the courts.
These lawsuits happen all the time, and usually the idea is to create such a nuisance and threat of bad publicity that you can get a settlement out of a company to keep quiet. I'm not saying racism and discrimination don't exist; I've seen it happen. I once worked on a 50-person team where five of the six women and/or minorites had five of the seven management jobs. What are the odds of that happening? Doesn't that scream of favoritism for those who are "one of us"? Where were the howls of injustice about that? Oddly enough, I could get neither Jesse Jackson nor Johnny Cochran interested in the case. Go figure.
BTW, has anyone ever wondered why the government doesn't force hiring quotas on pro sports? Right, because it's silly; the teams want to win and they will hire the best person for the job. However, companies are there to make money, and the idea that they hire people for their competence and value seems to be beyond the comprehension of our political masters who base their politics along the lines of ant colonies.
She claims that they fired HER because she complained that people under her were making more money than she was because they were white.
I don't know if any of that is true, but your explanation here is not what's in the article.
I was generalizing. I didn't read it, but thank you for the summary. And that makes my point. No need to read it. It's the same old story. She's not going to make less money because she's black. She's going to make less money because she's spending all of her time complaining instead of doing her job. Or maybe because she's a bitch. Every company has major variations in pay that don't equate to job titles or function. That's how it goes. If you don't like it, leave and find a better job. Or if its possible, do what it takes to get recognized at your company and move up. But of course we aren't talking about someone who wants to work hard. She obviously thinks she DESERVES something. Wah wah. Maybe she can settle out of court for some cheese to go with that whine.
Biff wrote: No need to read it. It's the same old story.
Well, if your manager refers to you in a memo as a "rather obese-sized black lesbian" then I think something's wrong there.
Does she deserve millions of dollars? Of course not. But I would like to think even you would complain if someone at your job wrote something like that about you.
Small White Car wrote: Well, if your manager refers to you in a memo as a "rather obese-sized black lesbian" then I think something's wrong there.
Does she deserve millions of dollars? Of course not. But I would like to think even you would complain if someone at your job wrote something like that about you.
Used to work in a restaurant owned by a gay couple, and one day I overheard a conversation, and one of them was referring to me as "the frog" (I'm French. obviously) … shortly before we decided—common accord—to part ways …
I did not see one good arguement in anything anyone wrote. 1.)Yes they wanted to put a spin on this by including the lawyers info. 2.)No the woman should not get millions of dollars for being fired. 3.)Yes if it's true they fired her for complaining about salary then she should be compensated for time/money lost. 3.)If it's found that the company or division of the company practices in unfair hiring, advancement or flat out prejudice then yes they should be made to pay the piper, not just to one person but to all those wronged. Yes of course i know this would take a long and complicated investigation but so be it.
People who make arguements about the Irish or Italians who came here as immigrants and "pulled themselves up by their bootstraps" need to look in the mirror. White is white no matter where you are originally from. Blacks, Indians and any people of dark complexion dont have the luxury of blending in by changing their name (which is what a lot of immigrants did to blend in or mix). The ability to pull ones self up is dependent on many things, the most important of which is ones ability to make money. When that ability is hampered or threatened by a bigoted department manager, well some choose to leave and start over while some choose to fight for their rights. This can also go deeper than black and white... like finding yourself (as a woman, black or white) hitting a ceiling in salary that others (black or white males) seem to be able to pass. What exactly can you call this but.... discrimination.
I guess it isn't until your wife comes home complaining about this very fact as the reason why you can't afford to buy that new HDTV.... that anything i just said really starts to make sense.
Companies need to be held accountable regardless of who is being discriminated against. And just the fact that so many of you would come out against this particular case shows how far the racist discrimination goes and how far we as PEOPLE have to go.
CloseViewName:Guest Tue May 24, 2005 1:32 pmSubject: Maybe
>I have been the victim of racism and I am white. It took me 3 extra years to make it into medical school because of lesser qualified minorities such...<
Maybe you were discriminated against because English is a second language for you.
By the way, how do you know they were less qualified?
> ...you are fired and afterwards demand 100 million dollars from the company....<
If it's proven that she was fired for being "uppity" then it is not a frivolous lawsuit.
I disagree with you. I think this case is an excellent example of what is right with the US. We don't need to stop lawsuits against discriminatory acts. We need to stop firing people because they are different and fire them for poor work performance. We also need to hire those that are different.
The point of this lawsuit isn't to make the fat black lesbian rich, but to remind Apple that they cannot fire personnel because they are fat black lesbians. The firing should be based upon work performance, violation of employee handbook requirements, disclosing of trade secrets, etc.with proper documentation such as performance reports to back it up. Besides, The 50-150 million isn't all for her. Most of that will go to lawyers.
>why someone can't be called an obese<
There's nothing stopping anyone from doing this. For all we know, she may be very proud that she is black, that she is a woman and that she is gay. And she may have to come to terms with being obese. But why refer to her as that fat black lesbo? Why can't we refer to her as Ms. Shaune Patterson?
>...who can't seem to figure out how they should behave towards...<
With the same respect and dignity that you would behave towards anyone else.
>...having to have a token respect...<
That's part of the problem, token respect isn't the same as full respect.
CloseViewName:Guest Tue May 24, 2005 2:32 pmSubject: Reply
>...Eventually, employers will invent ways to protect themselves from dangers of offing jobs to people -- such as, outsourcing their job...<
No, employers will eventually start protecting themselves by properly documentating employees job performance. One would think that Apple would have learned this already from the previous lawsuit.
>...Hi I'm Apple. I have this totally amazing, talented, employee who's outperforming all expectations for his job. But he's black so I'm gonna fire him?<
No, you'll pay your totally amazing, talented, employee less money than he deserves because it turns out he is a fat black lesbian female. After all, what's he/she going to do about it?
You are one person but it seems in your post you are trying to speak for everyone in the US on this issue. You are also trying to perputrate the melting pot theory taught to us in school. Well, I'm not sure if it falls under theory, fallacy, myth, propoganda or what, but, Israel Zangwill's metaphor used in his play The Melting Pot, does not accurately describe the US assimilation of cultures.
The bigger problem is just as you suggest in your statement, "...because some groups don't melt as well as others,<
such as the black that just isn't white enough or the Catholic that just isn't Christian enough to blend in?
"...certain people use that as a crutch.< And lots of other certain people use this as a means to pay someone less money for the same job because they are not a white male.
>These lawsuits happen all the time...settlement out of a company to keep quiet.<
No, These lawsuits are to get as much attention as possible so that it finally sinks into employers heads not to fire employees based upon race, sex, or religious beliefs.
You referenced about working for minorities in a 50-person crew. Did you dislke working subordinate to them? You sounded displeased that they were in charge.
The article is about Shaune Patterson getting fired. What does your anti-hiring quota stance has to do with this unless you're implying that Ms Patterson should not have been hired in the first place?
You generalize, you didn't read the article, but from the limited information that you accepted you simply decide that Ms. Patterson doesn't have a case. Do you have some inside information about this case that you would like to share?
How do you know she didn't work hard? How do you know how much time she spent working/not working? Did you base your decision on facts or because she is
a. female
b. black
c. lesbian
d. all of the above
There is no need to read if you've already made your mind up. Seems like there's a hint of bigotry in the air.
Other World Computing: OWC Mercury Elite FW800/FW400/USB2/eSATA TOP-RATED Solutions offer High Performance, Reliable storage for all your data storage needs. Industry leading 2yr limited + up to 5yr HD Mechanism Warranty too! Up to 2.0TB(2000GB), 500GB specials from $199.99
MacPro Memory 667Mhz With Apple Spec Heat Sink 2GB Kit $ 90 / 4GB Kit $140 / 8GB Kit $278 Click to Maximize your Macs...
Mac observers can now play Party Poker for Mac as well as Mac casino games by going to MacPokerOnline.com.
Laptop Hardware Provided by TechRestore - Overnight Mac & iPod Repairs.
Cuisinart ICE-20 Automatic Frozen Yogurt/Ice Cream/Sorbet Maker: 49.95 
32 LEDs Bright Flashlight, Aluminum Case with Button Switch and Lanyard: $9.34 Delivered 
Combo Universal USB car & travel charger: $5.95 Delivered 
Plenio 2G 7" Touchscreen GPS Navigation System: $189.99 Delivered 
Western Digital 500GB My Book Home Edition Triple Interface External Hard Drive: $127.99 Delivered 
