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Friday, May 23, 2008

A controversial development training course called “Landmark Forum” is cited in religious discrimination lawsuits in United States federal courts in New York and Washington, D.C. The seminars are run by a San Francisco, California-based for-profit training company called Landmark Education. The company evolved from Erhard Seminars Training “est”, and has faced criticism regarding its techniques and its use of unpaid labor. The sperm bank and surrogacy company Los Angeles-based Growing Generations is named as a defendant in the New York lawsuit, and the Democratic political action committee Twenty-First Century Democrats is a defendant in the Washington, D.C. case.

In separate lawsuits filed in the United States District Court for the Southern District of New York in Manhattan, New York, and in the United States District Court for the District of Columbia in Washington, D.C., former employees are suing their employers for monetary damages and claiming religious discrimination after their employers allegedly mandated that they attend courses at Landmark Education.

In the US$3 million federal lawsuit filed in New York, Scott Glasgow is suing his former employer Growing Generations and its CEO Stuart Miller. Growing Generations maintains sperm banks and also arranges surrogacy for gay couples who wish to have children. The company has offices in New York and Los Angeles, and has done business with celebrities including actor B. D. Wong of Law & Order: SVU.

Glasgow was marketing director of Growing Generations, and claims he was fired in June 2007 after refusing to continue attending Landmark Education seminars. Glasgow is also suing for sexual harassment, and claims Miller came on to him in September 2006. He made approximately $100,000 per year as the company’s marketing director, and was the company’s only employee based out of New York City. The company’s main offices are in Los Angeles.

“I was shocked when I was fired. It took me months to right myself. I want them to stop imposing Landmark on the employees, and I want an apology,” said Glasgow in a statement in The Village Voice. Brent Pelton, one of Glasgow’s attorneys, stated that: “The Landmark philosophy is deeply ingrained in the culture of the company”. Glasgow said that the Landmark Education training courses were “opposite” to his Christian beliefs. According to Glasgow he was questioned by Miller in May 2007 after he walked out of a Landmark Education course, and was fired shortly thereafter. “We stand by the allegations contained in the complaint and we look forward to proving them at trial,” said Pelton in a statement to ABC News.

Ian Wallace, an attorney who represents Growing Generations, claimed that Glasgow wasn’t fired but walked away from his position. “Growing Generations and Mr. Miller are very confident that these claims will be dismissed ultimately, and there’s no factual basis for them whatsoever,” said Wallace in a statement to The Village Voice. Lawyers representing Growing Generations and Stuart Miller declined comment to The New York Post, and did not immediately return a message from ABC News.

In Glasgow’s complaint, entered into federal court record on April 18, he asserts that Landmark Education constitutes a “religion”, and “perceived their philosophy as a form of religion that contradicted his own personal beliefs”. He states that when he was promoted to Director of Marketing, he asked Miller if he could stop attending the Landmark sessions but was told that they were mandatory for all of the company’s executives and that Landmark is “very much the language of the company.” Glasgow said his performance at the company was assessed based on how he was “touching, moving and inspiring” others, a phrase from the Landmark philosophy, as opposed to his business accomplishments at the company. The complaint claims that the actions of Miller and Growing Generations violated Federal, New York State and New York City civil rights laws.

The lawsuit filed in federal court in Washington, D.C. deals with a separate plaintiff and company, but the plaintiff in the suit also claims that religious discrimination took place for allegedly being mandated to attend Landmark Education courses. Kenneth Goldman is suing the United States Democratic political action committee Twenty-First Century Democrats (also 21st Century Democrats) and its former executive director Kelly Young. Goldman was formerly the communications director of 21st Century Democrats.

According to Goldman’s complaint, three employees of 21st Century Democrats were fired after refusing to attend the Landmark Forum course. The complaint asserts that Landmark Education has “religious characteristics and theological implications” which influenced the mission of 21st Century Democrats and the way the organization conducted business. Goldman’s complaint states that in addition to himself, a training director and field director were also fired after they made it clear they would not attend the Landmark Forum.

Goldman says executive director Young infused Landmark Education jargon terms into staff meetings such as “create possibilities”, “create a new context”, and “enroll in possibilities”. He also claims that Young “urged” staff members to participate in Landmark Education events outside of the workplace, drove employees to and from Landmark functions, and used funds from 21st Century Democrats to pay for employees to attend those functions. Goldman’s complaint asserts that he was discriminated against in violation of the District of Columbia Human Rights Act.

In a statement in The Washington Times, the executive director of 21st Century Democrats, Mark Lotwis, called the lawsuit “frivolous” and said: “we’re going to defend our organization’s integrity”. Landmark Education spokeswoman Deborah Beroset said that the Landmark Forum “is in no way religious in nature and any claim to the contrary is simply absurd,” and stated: “While we are not a party to this lawsuit and have no firsthand knowledge of it, we can only assume that we are being used as a legal and political football to further the plaintiff”s own financial interests.”

The New York lawsuit was filed April 14, and is still in early filing stages. A conference with the federal court judge in the case has been scheduled for June 17. The Washington, D.C. suit began in November 2007, and entered mediation this past March. As of April 15 the parties in the case were due back to court on July 11 to update the court on the mediation process.

Landmark Education is descended from Erhard Seminars Training, also called “est”, which was founded by Werner Erhard. est began in 1971, and Erhard’s company Werner Erhard and Associates repackaged the course as “The Forum” in 1985. Associates of Erhard bought the license to his “technology” and incorporated Landmark Education in California in 1991.

This is not the first time employees have sued claiming mandatory attendance at “Forum” workshops violated their civil rights. In a lawsuit filed in December 1988 in the United States District Court for the Northern District of Georgia, eight employees of DeKalb Farmers Market in Decatur, Georgia sued their employer claiming their religious freedom and civil rights were violated when they were allegedly coerced into attending “Forum” training sessions. “Many of these training programs, particularly at large corporations, claim to be purely psychological, aimed at improving productivity and morale and loyalty. But in fact they are religious,” said University of Denver religious studies professor Carl Raschke in a statement to The Wall Street Journal.

The DeKalb Farmers Market employees were represented by lawyers for the American Civil Liberties Union. Consulting Technologies Inc., an affiliate of Transformational Technologies Inc., was named as a party in the lawsuit. Transformational Technologies was founded by Werner Erhard, and was not named as a party in the suit. The “Forum” course that the employees claimed they were mandated to attend was developed by Werner Erhard and Associates. Employees said that they were fired or pressured to quit after they objected to the Forum courses.

The workers claimed that the Forum course contradicted with their religious beliefs. The plaintiffs in the suit included adherents of varying religious backgrounds, including Christianity and Hinduism. “The sessions put people into a hibernating state. They ask for total loyalty. It’s like brainwashing,” said Dong Shik Kim, one of the plaintiffs in the case. The plaintiffs said they lost their jobs after objecting to a “new age quasi-religious cult” which they said was developed by Werner Erhard.

The DeKalb Farmers Market denied the allegations, and an attorney for the company Edward D. Buckley III told The Wall Street Journal that employees were encouraged, not coerced, to attend the training sessions. According to The Wall Street Journal, The Forum said it would not sanction workers being coerced to attend its training sessions.

The parties in the DeKalb Farmers Market religious discrimination case came to a settlement in May 1989, and the case was dismissed with prejudice in June. The terms of the out-of-court settlement were not made public, but the employees’ attorney Amy Totenberg told The Wall Street Journal that the case “has made employers come to grips with the legitimate boundaries of employee training”.

According to Title VII of the Civil Rights Act of 1964, employers must “reasonably accommodate” their employees’ religious beliefs unless this creates “undue hardship”. In September 1988, the Equal Employment Opportunity Commission issued a policy-guidance notice which stated that New Age courses should be handled under Title VII of the Act. According to the Commission, employers must provide “reasonable accommodation” if an employee challenges a training course, unless this causes “undue hardship” for the company.

In October 2006, Landmark Education took legal action against Google, YouTube, the Internet Archive and a website owner in Queensland, Australia in attempts to remove criticism of its products from the Internet. The company sought a subpoena under the Digital Millennium Copyright Act in an attempt to discover the identity of an anonymous critic who uploaded a 2004 French documentary of the Landmark Forum to the Internet. “Voyage au pays des nouveaux gourous” (Voyage to the Land of the New Gurus) was produced by Pièces à Conviction, a French investigative journalism news program. The Electronic Frontier Foundation represented the anonymous critic and the Internet Archive, and Landmark withdrew its subpoena in November 2006 in exchange for a promise from the anonymous critic not to repost the video.

Landmark Education itself has come under scrutiny for its controversial labor practices. The company has been investigated by the United States Department of Labor in separate investigations originating out of California, Colorado, and Texas. Investigations focused on the heavy reliance of unpaid labor in the company’s workforce, which Landmark Education calls “assistants” and deems volunteers.

An investigation by the U.S. Dept. Labor based out of Colorado found that activities performed by Landmark Education’s “assistants” include: “office, clerical, telephone solicitation and enrollment, as well as greeting customers, setting up chairs, handling microphones during the seminars and making coffee. Additionally, a number of volunteers actually teach the courses and provide testimonials during and after the courses.” The Colorado investigation’s 1996 report found that “No records are kept of any hours worked by any employees.” According to a 1998 article in Metro Silicon Valley: “In the end the Department of Labor dropped the issue, leaving Landmark trumpeting about its volunteers’ choice in the matter.” Metro Silicon Valley reported that Landmark Education at the time employed 451 paid staff, and also utilized the services of 7,500 volunteers.

After an investigation into Landmark Education’s labor practices by the U.S. Dept. Labor’s offices out of California, the company was deemed to have overtime violations. According to the Department of Labor’s 2004 report on the investigation, back wages of $187,569.01 were found due to 45 employees. An investigation by the U.S. Dept. Labor in Texas which concluded in 2005 stated: “Minimum wage violation found. Volunteers (Assistants) are not paid any wages for hours worked while performing the major duties of the firm. The assistants set up rooms, call registrants, collect fees, keep stats of classroom data/participants, file, they also are answering phones, training and leading seminars.”

The Texas investigation also discovered an overtime violation. Landmark Education agreed to pay back wages for the overtime violation, but did not comply with the overtime violation found by the U.S. Dept. Labor for the “assistants”. Landmark Education denied that the “assistants” are employees, though the Department of Labor report concluded: “Interviews reveal that the employees are taking payments, registering clients, billing, training, recruiting, setting up locations, cleaning, and other duties that would have to be performed by staff if the assistants did not perform them.”

According to the 2004 investigative report by Pièces à Conviction in the “Voyage au pays des nouveaux gourous” program, Landmark Education was investigated by the French government in 1995. In the “Voyage au pays des nouveaux gourous” program volunteers were filmed through a hidden camera and shown performing duties for Landmark Education in France including manning phones, recruitment and financial work for the company, and one volunteer was shown cleaning a toilet.

Le Nouvel Observateur reported that after “Voyage au pays des nouveaux gourous” aired in France, labor inspectors investigated Landmark Education’s use of unpaid volunteers. According to Le Nouvel Observateur, one month after the labor investigation took place the French branch of the company had disbanded. A former “Introduction Leader” to the Landmark Forum, Lars Bergwik, has recently posted a series of videos to YouTube critical of the company and its practices. Bergwik appeared on a 2004 investigative journalism program on Sweden’s Channel 4, Kalla Fakta (Cold Facts). According to Bergwik, after the Kalla Fakta program on Landmark Education aired, “Landmark left Sweden”.

Thursday, September 18, 2008

In the lead-up to the 2008 Canadian federal elections much speculation was made about environmental issues and initiative, with various parties maneuvering to claim some portion of the green mantle. But it was the Liberal party which first brought a full-blown policy to the public.

In the months since the Green Shift initiative was brought forth, the political pundits and activists have both talked about this year as the first election where the environment would be a major issue on the minds of voters, and possibly a decisive one for the electorate.

It’s indeed true the environment ranks very high in minds of voters across the country, particularly among young voters. One national survey of Canadians between 18 and 25 finds the environment is the top issue. A poll of all voters found it to be the third most important single issue over all, behind the economy and health care, but the poll suggested that no one issue has really caught the attention of the electorate with many issues gaining similar attention.

The parties themselves seem indecisive, trying to claim a focus on environmental issues but rarely making specific proposals or promises, with the notable exception of the Liberals whose platform has been targeted by opponents and commentators as “wildly experimental” and “doesn’t go deep enough” by turns.

Examining the platforms of the New Democratic Party regarding air pollution and global warming as available on their website, one is struck by a lack of substance. Reference is made to C-377, the Climate Change Accountability Act, which the NDP calls “Layton’s Kyoto-Plus Bill”, which was passed in 2006. The party believes Canada can achieve its Kyoto requirements by 2012, though no mention is made of how a Layton government would do so.

In June of 2008 the Liberals tabled a plan, the Green Shift, which they claim would reduce Canada’s greenhouse gas emissions 20% under 1990 emissions – well below the 6% required by Canadian law when Canada ratified the Kyoto Accord – by 2020, which is rather after the 2008-2012 phase-in period required by that same law. The method of performing this reduction would be to shift the Canadian tax system, reducing income and revenue taxes by replacing them with taxes on greenhouse gas emissions. The plan generated considerable discussion and opposition, and the party has back-pedaled in some portions and added on in others, as well as announcing a couple of separate initiatives to soften the effects for farmers, homeowners, and fishermen among others.

A more diverse approach than solely a “Carbon Tax” is proposed in the Green Party’s platform, which presents an almost holistic approach of adherence to the Kyoto obligations, “Cap and trade” of carbon emissions, industry development with both green technology R&D and regulation as well as consumer subsidies, and their own version of a carbon tax. Alone of the parties they specifically mention the role of international diplomacy/trade as a part of their approach.

Such an approach appears to be anathema to the Conservatives, whose mantra since their election has been that Kyoto cannot be complied with without forcing an economic recession on the country, and used the Throne Speech of 2007 to reiterate that position. They have opposed cap-and-trade schemes in the past, but their platform for this election states their plan to reduce greenhouse gas emissions includes emissions caps for “four air pollutants commonly associated with smog and acid rain,” as well as “tough emission reduction targets”.

In contrast to the laundry-list of unconnected initiatives on the Conservative’s website, the clean platform pamphlet created by the Bloc Québécois makes a simple and apparently heartfelt statement on the environment:

La lutte aux changements climatiques est devenue un enjeu fondamental pour l’humanité et le Québec est déterminé à apporter sa contribution, à sa façon. À Ottawa, c’est le Bloc Québécois qui mène la lutte en faveur de l’application du protocole de Kyoto dans le respect des choix du Québec.

Tackling climate change has become a fundamental issue for all of humanity and Québec is determined to make its contribution, in its own way. In Ottawa, the Bloc Québécois, respecting Québec’s choices, is leading the fight to enforce the Kyoto Protocol.

Just how they plan to enforce the Kyoto obligations is not stated, though they do discuss a carbon market, and tax incentives for home heating upgrade and transportation.

There seems to be a wide if somewhat shallow interest in the electorate as to just what each party is offering on the environmental file. But with sketchy platforms regarding environmental issues, it’s no wonder some of the parties have turned to the subject of economics in recent days.

Monday, June 5, 2006

British doctors have successfully transplanted a beating heart into the chest of a 58-year old man, the first operation of its kind in the United Kingdom.

The “trial” surgery was performed at Papworth Hospital just outside of London, England in Cambridge. The operation could be “equivalent if not superior” to the current transplanting methods, doctors said. The method has only been performed two other times, in Germany.

Usually hearts would be injected with potassium, which stopped the heart from beating, after which it would be covered with ice. This put the heart in “suspended animation” but gave doctors only a six-hour window to examine and transplant, doctors said.

“Normally the heart is in suspended animation but they still start to deteriorate,” said Professor Bruce Rosengard, head of the team of doctors who operated on the man.

The new method involves connecting the heart to a machine that pumps warm, oxygen enriched blood through the heart. The heart is able to keep beating with this method. The new process allows surgeons to look more closely and longer at the heart for any signs of damage. It also allows them to find a match for whoever may need it.

“Once hearts are hooked up to the device, which takes about 20 minutes, any deterioration is fully reversed. If we look at resuscitating hearts that are currently unusable, the number of transplants could be tripled or quadrupled,” added Rosengard. “The goal of this trial is to demonstrate that this is at least equivalent if not superior,” he added.

The director of transplants in the United Kingdom Chris Rudge also says that doctors are working on using the same new method with different human organs.

“In the longer term it is not just hearts that can be handled by such systems but other organs too, particularly the liver,” said Rudge.

The 58-year old man is doing “extremely well. At his exam one week after the operation, all his functions were absolutely normal,” Rosengard said.

At least 19 more operations are planned in the U.K. and in Germany.

This is the Audio Wikinews Brief for October 25, 2007.

[edit]

Aviation articles by Wikinewsie Iain Macdonald.

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Tuesday, July 20, 2010

Singapore police arrested British author and journalist Alan Shadrake one day after the launch of his book about the country’s use of the death penalty.

Shadrake, 75, was arrested on Sunday morning at a hotel in Singapore and taken into custody by police on charges of criminal defamation, in response to a complaint lodged by the city-state’s Media Development Authority (MDA) over the contents of his new book, Once a Jolly Hangman: Singapore Justice in the Dock. Separately, the Attorney-General served Shadrake with an application for an order of committal for contempt of court, accusing him of “cast[ing] doubt on the impartiality, integrity, and independence” of Singapore’s courts through his book.

Shadrake’s latest book discusses alleged “double standards” in the country’s application of the death penalty, and contains interviews with local human rights activists, lawyers, and former police officers, including retired Changi Prison executioner Darshan Singh; Singh later claimed that he had been “tricked” into the interview. In earlier media comments, Shadrake stated that he expected “trouble” but no concrete action from authorities over his book, lest they draw even more attention to its claims. Retailers took his book off shelves after inquiries by the MDA; a spokesman for the MDA stated that the book was not banned, but suggested that booksellers “seek legal advice to ensure that the books they sell do not contravene Singapore laws”.

Shadrake has written for a variety of newspapers, including The Daily Telegraph of London as well as the New Straits Times of neighbouring Malaysia. His previous book, The Yellow Pimpernels, told the tale of various attempts to escape from East Germany over the Berlin Wall. If convicted, he faces a two-year imprisonment and a fine.