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Show E6 TheSalt Lake Tribune State Farm Resists Workers’ Bias Claims @ Continued from wantedto keep his job, but Jen sen's doctor forbade overtime Like any other Utahn with 2 job-bias grievance, Jensenset the processin motionby filing a com plaint at the | An agency investigator exam: ined evidence on both sides and ruled July 15 1993, that Jensen ffered discrimina had indeed tionin State F ms’ hands Just a y earlier, the Bloo: mington. I1l.-based insurance company had beenorderedto pay the largest-ever damages in acivil lawsuit brought under the Civil Rights Act of 1964 Even though State Farm had deployed 144 lawyers and spent $150 millionto fight the lawsuit, a The courts linked Jensen's case with another State Farm bia omplaint, one by former sales trainee Brenda Mena The South Jordan womanal ready had proven a bigoted boss drove her out of State Farmbe: cause she was female and a La tina. She had shown the UADD how the supervisor eroded her confidence with barbs about her race and remarks that she belonged homewith her children Third District Court rejected State Farm's request to review the Mena andJensen cases. So did theUtah Court of Appeals. Finally, three weeks ago the state's highest court endedState Farm's appeals withits rejection The Supreme Court will not even hear it,” said Jensen. “They {State Farm] will have tosettle with me. Thanks to a 1994 clarification in Utah’s anti-discriminationlaw. Jensen, Menaand other bias vie: tims can expect the state to en force UADD’s restitution orders. Those orders typically instruct federal court in California told the offending employer to pay the company to pay $250 million back wages, pay raises, benefit in- to 814 women who were denied creases and whatever other re. sales positions State Farm the option of accepting In Jensen's case. U DD's ruling Instead State Farm tried to jumpinto the state-government appeals process, which has four levels: a hearing before an admin. istrative law judge, a reviewby the three-person Industrial Com mission, a trial the state Court of Appeals oratrial in the Utah Supreme Court Having missed its deadline for filing an appeal, State Farm asked a Third District Court for permissionfor a secondchancein UADD’s appeal system. The com- panydidso with a lawsuit agai Jensen and the UADD, a legal action Jensen learnedabout one af. ternoon during surgery recuperation,when a man handedhim the lawsuit at his front door. Although Jensen had ré i a hiring a lawyer, the lawsu changedhis mind. Bythe time the appeals endedthis month, he had spent about $2,200 on attorney BUSINESS Sunday, March 31, 1996 cause didate Davis estimated that State Farm owes him more than A younger, less experienced can had gotten the positionde spite Davis’ high job-perfor mance ratings and a reputation for deftly handling the toughest. claims. A UADD investigator did not find bias, so Davis appealed to UADD’s next level and won. r State Farm employe thefirst-level appeal hearingbe. fore an administrativelaw judge He asked two former supervi sors andalongtime co-worker tc testify in his behalf. He submitted five exhibits totaling eleven pages, including evaluations that attestedto his skill, and proofthat the supervisor who had derailed his promotion regarded himas a dinosaur Davis devoted The insurance company dis. patchedto the hearing three law pany charged Davis was not fit for ist and racist remarks. It also accusedhimof having a bad attitude and lacking the standard educa- ‘Those two cases become final as soon as the appeals haverun out,” Colton said. “We can proceed immediately with making suretheyget whatthey shouldbe paid Hanni, State Farm's chief Utah lawyer, had little to about the Jensen and Menacase “Noonehas contacted us about those,” he said. “I'msurethere will be somesettlement discus. sions More Appeals: While settle. ment talks begin soon for those twocases, State Farm continues to fight Clark Davis’ 1991 age- review andpossibly overturn the judge's decision in Davis’ case. No Hatin has yet been made Davis was not surprised about the company’s move. They don't care,” he said ‘Theyhave got so much money, it doesn’t matter to them. If youfile a charge they figure you will probably drop dead before you get throughall the appeals. They just wear you down Hollow Victory: Samantha Bird completed her yearlong odfederal EEOC because she wanted restitution, which UADD could not assist her with back then The EEOC has that power, and After years ofcriticism forfail- pays Jensen and Menatheirdue ses he would have earned if he had gotten the proper promo- tions. State Farm askedthe threeperson Industrial Commission to yssey through the UADDin 1992. not happened. The employer also ing to supportbiasvictims, Indus: trial Commissioner Colleen Coltonsaid her agency intends to use its clout to makesure State Farm $20,000, most ofit for the pay in. “two reams of yers, a court reporter, seven wit- must agreeto end thebias ] of his age on making his case. In contrast to this modest defense, State Farm poured plentiful resources into its defense. se paper and three vacation dressis neededto return employeesto the samelevel they would attainedif the discrimination had tle worth. State Farmdid dis criminate explicitly and demonstrably against Davis [be bias charge The Holladay claims adjuster fi his UADD complaint after ing passed over for promotion nesses and a 4-inch-thick binder, containing 36 sections. The com- promotion because he madesex- tion andtraining requiredfor the promotion Administrative Law Judge Donald L. Georgeissued a abit She dispatched her case to the officials in its Phoenix regional office seemedeager to help Bird get her due, estimated conservatively at about $300,000. JOC investigators visited Utah several times to test Bird's claims that her boss insulted Bird. heaped work on her and demeaned women in general The agency agreed State Farm had discriminated against her in a letter Bird received a month ago But, between the lines, it con- case,” he wrote. tate Farm’s multiplewitness es areconsistent in parroting the companyline,” George added “However, it is evident from the contradictions and embellish- ment, that their testimonyis of lit- MAA AAAAAAAAADAAAAAL IVVYVVVVV¥YVV9VY Tena With CALL a * & *& NOTICE x & & SPORTING GOODS/SOUVENIR RETAIL SALES FIRMS 1 osoe is ud ASAE RMR at tacitiy Cnsucton na wh or fiiostig eral set cd SpaceavidiBoy age tod ‘Ula Wie Nelown umn Coun Thatpacewi be @ period ning mona ng iteen dayPape6 the shop may be seenbYrepgainiment ‘only. leave call susan of201)a fozoopm on enar cree inthe form of a Cashier's eau 5% ofthe jeccompany ‘sach proposal. Make checks payable to the State ities Construction ‘available ‘of Facilities Construction or Fot further information contac! Susan,Utah Sport| ‘Aunty. (001) 649.8447 ofJoyce Milne, Drv sionof Facilities Construction Monagement, THE DIVISION OF MANAGEMENT TESEIVESTHERGURECTANY TO ‘OR ALL PROFOSALS OR TO WAIVE ANY FORMALTY ‘OR TECHNICALITY IN ANY PROPOSAL IN THE BEST INTEREST OF THE STATE. Please submit sealed proposals to: 1, Milne Division of Facilities Construction & 4140 Once Buncing Salt Lake Cy,Utah bat Telephone:(801) $38-3282 110 \| Quick & Reilly Fidelity Olde and making sure rkplace, is chairmanof imination Adhanges are ecoi. They still know the cards are in their favor if you go to cov she said glumly. “They have employees don't got more money; they can wear you out Ultimately Bird said she con siders herself fortunate She has spent just far, She wasableto withstand the STATE OF UTAH ADVERTISEMENT FOR SPACE of Facilities ordeal without losing her self-es teem or going broke. She had the financial wherewithal to quit her andfc ms for submitting pon request at instructionand: $50,000-a-year job, rather than endurethe trouble at work ‘T could not havefought this if I had to paythe rent,” ed. she conced. “Thesad thingis, that is what most people have todo. State Farm's lawyer Hanni said he had not been officially contact ed about the EEOC decision, so he did not want to comment Walker Kennedy predicted there will be fewer instances in Farm, Bird must choose between Hair Replacement tion or filing her own civil lawsuit in federal court if State Farm re- 20 Years in Utah fuses In 1996, she found herself in the very samespot she was when PROPOSAL IDENTIFICATION: DFCM9603-4 TYPE OF SPACE pacefor the Utah State Office of Rehabilitation AMOUNT OF SPACE LOCATION: Davis Please submit proposals to: Doug Fullmer S@UIRE ATURAL 455 E. So, Temple 363-8811 Telephone: 538-3322 UADD handed down its decision four years ago She hadexplored at that time thepossibility of a federal lawsuit under the Civil Rights Act. She OurPlain Paper Fax had several lawyerstell her they will not take workplace diserimination cases on contingency. She Options Aren't Optional.They're FREE 84 90 128I 109 60 118 165 100° 125 Canon LC 5000 With this Prudential Securities IRA, all you have to do is make a contribution of $250 — and we'll waivethat year's annual custodial fee. Plus, with a Prudential curities IRA, you can rely on a Waterhouse Free. Canon LC 551 ee i Free. Call us todayto receivea free brochure describing our no annual custodial fee *Large traders may qualify for our new venlower Supersaver ra Call for » Pree Copy 0 YOUR GUIDE TOCOMMISSION SAVINGS 139 East South Temple #50 Free. IRA program Free. Free. Prudential Secuntties@ 322-1122 Call today for our free 201 South Main Street, Suite 160 P.O. 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