Gender Class Action

Bayer sucks

 

http://www.prnewswire.com/news-releases/bayers-discrimination-lawsuit-now-requires-extra-strength-cure-122600613.html


NEWARK, N.J., May 25, 2011 /PRNewswire/ -- Just days after the one year anniversary of winning a $250 million verdict for female sales representatives at Novartis Pharmaceuticals Corporation, the law firm of Sanford Wittels & Heisler LLP filed a nearly identical class action on behalf of female sales representatives at Bayer HealthCare Pharmaceuticals.
According to the amended complaint, there is an entirely new class of plaintiffs and an additional Bayer HealthCare Division now added to the case. In addition, the complaint details even more outrageous behaviors from senior Bayer individuals, including a Senior Counsel for the Company harassing women at Bayer HealthCare Corporate Care by making comments such as "I really like how you look on all fours," and telling another woman he wished he could watch an entire donut "slide down her throat."

The female pharmaceutical sales representatives at Bayer newly added to the class have been paid and promoted less than their male counterparts. For example, Class Representative Natalie Celske is a high-performing sales representative who has been with Bayer for thirteen years and has repeatedly won national awards for her performance. However, Ms. Celske has watched less-qualified male counterparts pass her by as they were promoted up the ladder.

When Ms. Celske raised questions about the lack of advancement opportunities, her male manager commented that opportunities were set aside to support a lower-performing male colleague's career development. When she asked what about her own career development, the male manager derisively scoffed "what about it?"

Katherine Kimpel, lead counsel for the plaintiffs and the class and partner at Sanford Wittels & Heisler, LLP, commented "Bayer's failure to recognize, promote, and otherwise treat Ms. Celske fairly is illegal. It is also unwise; even by Bayer's own metrics, Ms. Celske is an exemplary performer. What happened to Ms. Celske is representative of a deeper company-wide problem of gender discrimination in the sales force."

Further echoing some of the most compelling testimony in the Novartis gender discrimination case, the case has also grown to include evidence of sexual harassment ignored and tacitly condoned by Bayer. In the Novartis trial, the jury heard compelling testimony from women who had been harassed by doctors to whom they marketed drugs. Here, the harassers are actually on Bayer payroll. For example, Class Representative Vera Santangelo suffered discrimination at the hands of an attorney working as Senior Counsel for Bayer HealthCare's Consumer Care division.

"Ms. Santangelo sought help within the company in every way possible – she called the hotline, spoke with the Ombudsman, and otherwise reached out to Human Resources, the Vice President and Assistant General Counsel, and to both the former and the current Presidents of Bayer HealthCare Consumer Care," explained Steven Wittels, also an attorney for the plaintiffs and class and a founding partner at the firm. "Rather than addressing the problem, Bayer turned a blind eye to Ms. Santangelo's plight. Even worse, Bayer has recently been subjected Ms. Santangelo to retaliation for trying to protect her rights in the workplace."

The Amended Complaint adds two new Class Representatives -- a sales representative and an employee at Consumer Care -- to join the six Class Representatives who filed the original complaint in March of this year on behalf of themselves and a class of female managers in the United States under Title VII of the 1964 Civil Rights Act and New Jersey law on March 21, 2011. The Amended Complaint expands the class to include all women sales representatives at Bayer HealthCare Pharmaceuticals and now all women at Bayer HealthCare Consumer Care, a division of Bayer HealthCare which was not named in the original complaint.

Ms. Kimpel commented that "if history is to be any guide, the stories of our plaintiffs are only the tip of the iceberg and can only mean more trouble for Bayer. Bayer is supposed to be a major proponent of women's health, but there is nothing healthy about working at Bayer if you're a woman. Sooner or later, Bayer is going to be held accountable for the ways it has mistreated, underpaid, and under-promoted its female employees."

Bayer HealthCare Pharmaceuticals and Bayer HealthCare Consumer Care are subsidiaries of Bayer Corporation, the American arm of Bayer AG, a multinational entity based in Germany. In North America, Bayer Corporation had 2010 net sales of $10.86 billion and employed 16,400 individuals at year-end. Bayer Corporation is incorporated under the laws of Indiana and headquartered in Pittsburgh, Pennsylvania. Bayer HealthCare Pharmaceuticals is a subsidiary of Bayer Corporation that develops and markets prescription medications, biological products, and biotechnology. It is incorporated under the laws of Delaware and headquartered in Wayne, New Jersey. Bayer HealthCare Consumer Care is a subsidiary of Bayer Corporation that develops and markets over-the-counter medications and nutritional supplements. It is incorporated under the laws of Indiana and headquartered in Morristown, New Jersey.

 

is anybody surprised?

 

Time for the ladies in DI/Hospital to come forward! That means you MM, SR, AJ plus all the legions they've screwed before you, AW, CM, +, +, +

 

YAY! I hope you win!!!!!!

 

I had similar problems at Marsh & McLennan - I wish I had the nerve to do what you ladies are doing!

 

Those in legal who turned a blind eye to this should be disbarred.

 

Yes! And I Bayers top management is a joke .... Rule w an iron fist is their only strategy. Bayer is the worst COmpany I have worked for in my experience 20+ years.

Legal, human resources, compliance (joke), values (joke) should be replaced with toddlers for a vast improvement.

Hey Germany AG Good luck in Trenton ! Hope u appeal and these ladies take u to the US Supreme Ct. Get ready to loose the Bayer Cross trademark again to pay for your arrogant negligent ignorant management!

We don't forgive recklessness without payment and publicity.

Get some Americans to run US ops or u will loose what u have gained inspite of your matrix organization of no accountability!
I admire these women for stepping up to Bayer for the horrible discrimination. It's not Germany 1940's. ... Wake up.

 

To call woman the weaker sex is a libel; it is man's injustice to woman. If by strength is meant brute strength, then, indeed, is woman less brute than man. If by strength is meant moral power, then woman is immeasurably man's superior. Has she not greater intuition, is she not more self-sacrificing, has she not greater powers of endurance, has she not greater courage? Without her, man could not be. If nonviolence is the law of our being, the future is with woman. Who can make a more effective appeal to the heart than woman?
Young India (4 October 1930)

 

The lawyers caused discrimination let alone turning a blind eye. Hope the judges drive change in the systemic boys club of arrogance n sexist PIGS.

 

NO.
Ladies, if u experienced discrimination or harassment let te lawfirm know. Bayer has proven it's majority is managing the women in a manner that has to be stopped. Be part of the chane you want to see for America's future. Corporations like Bayer shoul be ashamed if their negligence. I am an ex Bayer employee an I left because I was tormented.

Power in numbers. Power to you. Don't report it to Bayer, they will cover it up. The class suit is a blessing for our future generations. This German based Company has to change it's operations, it's culture. They claim to be a great co for woman. It needs to be for ALL women.

Boys club is right. Woul you want your loved ones to be abused because they need a paycheck? Our bill of rights includes freedom from harassment (Cleve Scott is a creep and unethical known from reliable SOURCES) and hello EQUALITY!!!!!!

 

Ditto. Long overdue. Many creeps are tolerated at Bayer.

 

After reading your intelligent (cough) post I think you are just trying to hide your substantial incompetence by blaming it on being "tormented". This dilutes the impact and effort of those who are competent and still get tormented by ridiculous decisions, rules, egotistical leadership etc. Unfortunately Bayer is a company that treats employees like toilet paper...they crap on you and then flush you away. I think too many of us have gotten too complacent to fight this. I applaud the courage of the women initiating the lawsuit and I think other groups that are also not treated fairly will also find the courage to take action.

 

amended compliant for your reading pleasure (or disgust)...

http://www.swhlegal.com/data/public/Final_Amended_Complaint-64413-1.pdf

this stuff is unreal...

 

how dare you? how can we earn the money we deserve if we arebeing disciminated against. I hope those women win and win big! The managers at Bayer are egoticial, Narcissistic jerks!

 

ditto

 

The problem lies with both parties. The company shouldn't be liable for a moron or a few morons. This company GAVE you a job. You do NOT have a right to work. Plus, as a rep you should never be making salaries that you are making. You only think that you do, but that does not mean you earn it or deserve it. Now, you sue because of a race/gender/bullshit card. Did you ever think that more qualified people were promoted based on education, experience, etc.? Sales numbers are not indicative of how good you are at your job. They fluctuate and you just happened to be lucky to be in a good territory. People wonder why this country is going to hell... Affirmative action and so on makes the US a bullshit country set up shop in.

 

Does anyone know the status of this lawsuit? I read that a district judge approved it to go forward to be a "class action" in 2012. Has anything been done internally company wide as a result of the complaints & the suit? How about in HR and the departments that are affected--has anything been done there? It seems that some of these defendants in the suit are still there.
It must be difficult for some of these women who filed the suit to continue working at Bayer (if they are indeed still there) or are they protected now that there is a suit?

 

Really, they are German???? They lost WWI and WWII and their hubris has never changed even after we (the US) rebuilt them with the Marshall plan to fight the Soviet incursion in Europe. I am happy for the women at Bayer, but can't imagine a culture change, when the culture is distinctly German...stubborn, conservative, arrogant, dogmatic, autocratic and lest we say Aryan. This is a deep rooted philosophical issue of German culture and their unconscious and conscious beliefs. History will tell you all you need to know. People and cultures rarely change. Common sense 101.

 

This is hilarous! Women leaders at Bayer are one of the main reasons for failure in several businesses and support functions. Most are controlling, backstabbing and master manipulators using their gender to avoid being held for account or fired. Let's list the functions diabetes care, crop science, marketing, HR functions, communications (that women in BHC is nuts!!), government affairs (see communications), consumer care, general counsels, and phrma marketing.

However what is true for ALL genders is Bayer does not promote or recognize high performers they instead recognize the Obama economy as an opportunity to use people for their own gain.