Top Class Actions  |  December 13, 2021

Category: Closed Class Actions

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This settlement is closed!

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Kaiser Healthcare
(Photo Credit: Alexander Oganezov/Shutterstock)

UPDATES:

  • The Court granted final approval to this class action settlement March 10, 2022.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

  • The final approval hearing originally set for Feb. 9, 2022, has been taken off calendar pending the filing of supplemental materials, which must be completed by March 9, 2022. 

Kaiser Healthcare agreed to pay over $11.5 million as part of a settlement resolving claims it discriminated against its employees of color.

The settlement benefits current and former Black or African-American California employees who worked for Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, The Permanente Medical Group Inc., or Southern California Permanente Medical Group in a covered position between Jan. 1, 2015, and March 31, 2021. 

Covered positions include full time, occupied, exempt or non-exempt, non-union, non-clinical, director-level or below administrative support or consulting services jobs. Intern or student temporary positions in these job families do not qualify under the settlement, even if all other criteria are met.

Various Kaiser entities allegedly discriminated against their Black employees by denying them equal pay, bonuses, other compensation, and promotions. Employees of color were allegedly discriminated against with demotions and other disciplinary actions at a higher rate than their white counterparts.

Kaiser denies any wrongdoing but agreed to a settlement of $11,504,759 after two years of negotiations.

The Kaiser discrimination includes both monetary and non-monetary relief. Non-monetary relief includes:

  • A validated job analysis completed by an independent expert
  • An annual equity review of base pay, incentive pay, and compensation increases by an independent expert
  • A review of leadership development and diversity programs by an independent HR expert
  • Changes based on expert reviews
  • And more

Although only current employees will benefit from the non-monetary relief, both current and former employees can receive payments from the Kaiser Healthcare settlement. Cash payments from the settlement are calculated based on Class Member salaries, exemption status, and number of weeks worked during the Class Period. This information is based on Kaiser’s payroll records.

Higher payments are available to Class Members who allege they were denied a promotion based on their race. In order to receive a 10 percent payment enhancement based on denied promotions, claimants need to file an enhanced claim form.

Class Members can call the settlement administrator for an estimated payment amount. Any settlement benefits received will not modify employee benefit plans of current employees.

The deadline for exclusion and objection is Jan. 22, 2022. The final approval hearing for the settlement is scheduled for Feb. 9, 2022. 

Base payments will be credited automatically to Class Members without them needing to file a claim form. 

In order to recover increased payments from the Kaiser Healthcare discrimination class action settlement, Class Members must file an enhanced claim form by Jan. 22, 2022.

Who’s Eligible

Current and former Black or African-American California employees who worked for Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, The Permanente Medical Group Inc., or Southern California Permanente Medical Group in a covered position between Jan. 1, 2015, and March 31, 2021. 

Covered positions include full time, occupied, exempt or non-exempt, non-union, non-clinical, director-level or below administrative support or consulting services jobs. Intern or student temporary positions in these job families do not qualify under the settlement, even if all other criteria are met.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/22/2022

Case Name

Stewart, et al. v. Kaiser Foundation Health Plan Inc., et al., Case No. CGC-21-590966 in the Superior Court of the State of California, San Francisco County

Final Hearing

TBD

Settlement Website
Claims Administrator

Stewart v. Kaiser Permanente Settlement Administrator
c/o JND Legal Administration
PO Box 91344
Seattle, WA 98111
844-975-1785

Class Counsel

Felicia Medina
Jennifer Orthwein
Kevin Love Hubbard
Shauna Madison
MEDINA ORTHWEIN LLP

Kelly M. Dermody
Jallé Dafa
LIEFF CABRASER HEIMANN & BERNSTEIN LLP

Defense Counsel

Heather Morgan
GBG LLP

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10 thoughts onKaiser Healthcare Race Discrimination $11.5M Class Action Settlement

  1. Cookie says:

    I too have consistently been discriminated against because I am a brown skinned person. The DM refused to promote me to a position that I clearly earned. But now I have some real pitbulls on my side and I will hopefully after 2 years be promoted to a benefited position next week. It’s been a long hard road. And it has been for over 400 plus years. WE SHALL OVER COME!!

    1. Carolee says:

      Who are your pittsbulls

  2. TJ says:

    Yes, Kaiser is full of it. They literally have a training on how to effectively terminate an employee. It starts with a PIP (which is bs) that never goes away. The plan is simply a way to document that your performance never ‘improved’ because its not about improving performance. There are no real metrics. If you file an EEO complaint against a nonblack manager, you are screwed. Their internal EEO office, works in tandem with the HR Business Partners / Department and KPs Legal dept. If there’s an EEO investigation why is HR meddling with the investigation? I have witness this happen several times.

  3. JENNIFER JACKSON says:

    Please add me. This place is so unfair. SMH

  4. Yashica W Budde says:

    I worked as a Psych Social Worker in the Woodland Hills/Ventura/Thousand Oaks region from July 2014 until September 2019. The discrimination and racism I experience was abhorrent. I tried to fight until my mental and physical health was severally impacted. I went to the labor board, I plead with HR and I filed grievance after grievance. Although they kept ruling in my favor it did not stop my DA from retaliating and bullying me on a daily basis.

    I was told by a Manager “Yashica you really need to know your place.” The DA announced to the front office staff “Have you seen Yashica because I need to give her this suspension” “Yashica should be happy to have a job”, “I want to punish her.” I was falsely accused of “timecard fraud”, gravely endangering patients’ safety, on two difference occasions I was placed on paid suspension while she investigated. By that I mean she would call me into her office and tell me that she was placing me on paid suspension while she investigated what I did wrong and once she found what I did she would bring me back and tell me what she found then open an investigation. I was frequently denied union representation, or she would tell me she did not have time to wait on union representation. I experienced daily bullying and retaliations from January 2017 until I resigned September 2019. When opportunities for advancement or trainings would come up, I would be denied an opportunity or discouraged from applying.

  5. Sakeeia Minniefield says:

    I was treated unfairly and I felt it was because of my color of my skin ,That’s the only reason why I was treated like that it was really embarrassing and it will stick with me for the rest of my life .

  6. Michelle says:

    I applaud the brave employees who brought this lawsuit forward, and stayed with it, not ignoring the systemic racism.

  7. Eve says:

    This is great news! However, this does not nearly compensate for the continued discrimination Kaiser Permanente has towards its employees, and its members. They need to be exposed for the constant age and race discrimination they continue to show towards their health plan members.

  8. Gail B says:

    This is great for those that suffered during the time period of the class action case but for those of us that were with them before, this is really unfortunate. I’m glad that they are FINALLY compensating folks that suffered. I suffered so much there and was never given any rewards for all of the hard work that I did, the care that I provided our patients and just left after the abuse and disregard. Happy to see this being handled.
    Congratulations!!!

  9. A.k says:

    What about the African Americans who are members, who have been discriminated against by Kaiser Permanente what about Us.

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