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					Case 1:07-cv-00026-OWW-TAG

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Eugene D. Lee SB# 236812 LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: elee@LOEL.com Attorneys for Plaintiff DAVID F. JADWIN, D.O. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DAVID F. JADWIN, D.O. Plaintiff vs. COUNTY OF KERN; PETER BRYAN (both individually and in his former official capacity as Chief Executive Officer Of Kern Medical Center); IRWIN HARRIS, M.D; and DOES 1 through 10, inclusive. Defendants. Case No. 1:07-cv-26-OWW-TAG SECOND AMENDED COMPLAINT FOR DAMAGES & INJUNCTIVE RELIEF Retaliation [Health & Safety Code § 1278.5]; II. Retaliation [Lab. Code § 1102.5]; III. Retaliation [Gov’t Code §§ 12945.1, et seq; 12949(f); 2 C.C.R. § 7297.7(a)]; IV. Interference with FMLA Rights [29 U.S.C. §§ 2601, et seq.]; V. Violation of CFRA Rights. [Gov’t Code §§ 12945.1, et seq.]; VI. Disability Discrimination [Gov’t. Code § 12940(a)]; VII. Failure to Provide Reasonable Accommodation [Gov’t Code § 12940(m)]; VIII. Failure to Engage in Good Faith In An Interactive Process [Gov’t Code § 12940(n)]; IX. Procedural Due Process Violation [14th Amendment of U.S. Constitution; 42 U.S.C. § 1983]; X. FMLA Retaliation [29 U.S.C. § 2615]; and XI. FEHA Retaliation [Gov’t Code § 12940(h)] JURY TRIAL DEMANDED I.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NATURE OF THE ACTION This is an individual action brought by Plaintiff David F. Jadwin, D.O., a whistleblowing physician with disabilities, against his employer, (i) the County of Kern (“Defendant County” or “the County”); ) (ii) individual Defendants Peter Bryan (“Bryan”), former Chief Executive Officer of Kern Medical Center (“KMC”); Irwin Harris, M.D., former Chief Medical Officer of KMC (“Harris”);; and DOES 1 through 10. Plaintiff’s claims against his employer, Defendant County, allege violations of section 1278.5 of the Health & Safety Code1 which prohibits retaliation against a health care provider who reports suspected unsafe care and conditions of patients in a health care facility; section 1102.5 of the Labor Code which prohibits retaliation against an employee for reporting or refusing to participate in suspected violations of the law; the California Family Rights Act (sections 12945.1, et seq., of the Government Code) (“CFRA”) and the Family and Medical Leave Act (sections 2601, et seq. of the United States Code) (“FMLA”) which prohibit interference with an employee’s right to medical leave and retaliation for an employee’s exercise of the right to medical leave and for opposing any practice made unlawful by the CFRA/FMLA, including filing any charge or instituting a proceeding under the CFRA/FMLA; and the Fair Employment and Housing Act [subdivisions (a), (h), (m) & (n) of section 12940 of the Government Code] (“FEHA”) which prohibits discrimination against an employee with a disability, retaliation for opposing employment practices prohibited by the FEHA, failure to provide reasonable accommodation, and failure to engage in an interactive process; and recovery of wrongfully deducted wages under the Fair Labor Standards Act (29 U.S.C. §§ 201, et seq.) (“FLSA”). Plaintiff sues Defendants County and Harris, and Defendant Bryan – both in his personal capacity and in his official capacity as a member of the KMC Joint Conference Committee (“JCC”) – for violation of Plaintiff’s 14th Amendment of the United States Constitution right to procedural due process pursuant to 42 U.S.C. § 1983 (“Due Process”).
1

All statutory references are to California Codes unless otherwise specified.

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Plaintiff brings this action for general, compensatory, and punitive damages; prejudgment interest, costs and attorneys’ fees; injunctive and declaratory relief; and other appropriate and just relief resulting from Defendants’ unlawful conduct, and as grounds therefor alleges: JURISDICTION AND VENUE 1. This Court has federal question jurisdiction over the FMLA and Due Process

claims pursuant to 28 U.S.C. § 1331. The Court has supplemental jurisdiction over Plaintiff’s transactionally-related state claims pursuant to 28 U.S.C. § 1367. 2. Venue is proper in Fresno in the Eastern District of California, as a substantial

part of the events and omissions giving rise to this claim occurred in the County of Kern, California. INTRADISTRICT ASSIGNMENT 3. Assignment to Bakersfield is proper pursuant to Civil Local Rule 3-120

(Appendix A) because the events giving rise to this civil action occurred in Bakersfield in the County of Kern, California. PARTIES 4. At all material times herein, Plaintiff David F. Jadwin, D.O. (“Plaintiff”) has

continuously been an employee of Defendant County, a citizen of the United States and California; and a resident of Los Angeles County, California. 5. At all material times herein, Plaintiff was an individual with disabilities within the

meaning of Section 12926(i) & (k) of the Government Code. 6. On information and belief, at all material times herein, Defendant County is a

local public entity within the meaning of sections 811.2 & 900.4 of the Government Code and is operating in Kern County, California. 7. At all material times herein, the County has continuously been an employer

within the meaning of FMLA [29 C.F.R. § 825.105(C)], CFRA [Government Code § 12945.2(b)(2)], FEHA [Government Code § 12926(d)], and FLSA [29 U.S.C. § 203], engaged in interstate commerce and regularly employing more than fifty employees within seventy-five miles of Plaintiff’s workplace.

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8.

On information and belief, at all material times herein, Defendant Peter Bryan is a

citizen of Colorado, and a resident of Denver, Colorado, and was Chief Executive Officer of KMC, and a member of the JCC. 9. On information and belief, at all material times herein, Defendant Irwin Harris is

a citizen of California, and a resident of Kern County, California, and Chief Medical Officer at KMC, and a non-voting member of the JCC. 10. The true names and capacities of Defendants DOES 1 through 10, inclusive, are

presently unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff will amend this complaint to set forth the true names and capacities of said Defendants when they are ascertained. Plaintiff is informed and believes, and upon such information and belief alleges, that at all times relevant, each of the fictitiously-named Defendants was an agent, employee, or co-conspirator of one or more of the named Defendants, and was acting within the course and scope of said agency or employment. Plaintiff is further informed and believes, and upon such information and belief alleges, that each of the fictitiously named Defendants aided, assisted, approved, acknowledged and/or ratified the wrongful acts committed by Defendants as alleged herein, and that Plaintiff’s damages, as alleged herein, were legally caused by such Defendants. FACTUAL BACKGROUND STATEMENT OF THE CASE 11. Plaintiff is a highly-qualified and capable pathologist with numerous professional

accomplishments that have included leadership roles in national, state and local pathology and medical societies. Plaintiff received extensive education and training at reputable academic and medical institutions. Plaintiff has managed several clinical laboratories and pathology departments that have achieved accreditation by the College of American Pathologists, frequently “with distinction.” Plaintiff has also been recognized by numerous pathologists and physicians for his professional leadership and commitment to set and uphold rigorous and ethical standards for patient care quality and safety. 12. In late 2000, Plaintiff was recruited to assume the position of Chair of the

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Pathology Department at KMC, a teaching hospital owned and operated by Defendant County. Plaintiff was recruited in part to raise standards of patient care quality and safety at KMC. Plaintiff immediately set about implementing, among other things, a best-practices peer review system in the Pathology Department. 13. In 2001, Plaintiff began to report concerns to key members of KMC’s medical

staff and administration about the unacceptably high levels of unsatisfactory or non-diagnostic fine needle aspirations (“FNA”) – a method of using a needle and syringe to obtain deep internal tissue samples of vital organs – being taken by the Radiology Department at KMC for diagnosis by the Pathology Department. In 2003, Plaintiff began to report concerns to key members of KMC’s medical staff and administration about ineffective and unnecessary blood transfusions and an unacceptably high incidence of lost or incomplete product chart copy certifications (“PCC”) required for accurate tracking of dangerous blood transfusions. In 2004, Plaintiff began to report concerns to key members of KMC’s medical staff and administration about the need for instituting a policy of requiring KMC Pathology Department review prior to undertaking significant surgical procedures based upon the reports of outside pathologists (“Internal Pathology Review”). In 2005, Plaintiff reported a concern to key members of KMC’s medical staff and administration about an inappropriate radical hysterectomy (cancer surgical procedure for removal of all female reproductive organs and regional lymph nodes) performed by Roy on a patient with a benign endometriotic cyst (“Roy Hysterectomy”). Also in 2005, Plaintiff began to report concerns to key members of KMC’s medical staff and administration about the need to review a series of serious diagnostic errors committed by a former KMC pathologist, including the failure to identify invasive adenocarcinoma in several prostate needle biopsies (“Prostate Biopsy Errors”). Also in 2005, Plaintiff reported concerns to KMC administration that KMC physicians had performed surgery on a wrong patient due to an error which Plaintiff believed would have been less likely had KMC implemented Internal Pathology Review per Plaintiff’s recommendation. Plaintiff reported several other concerns about inappropriate patient care and noncompliance with quality control standards. In February of 2006, Plaintiff met with Bernard Barmann, County Counsel for the County of Kern (“Barmann”), to report the foregoing

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concerns. 14. In 2005, Roy began a campaign of making statements impugning Plaintiff’s

professional competence. Events culminated in October of 2005, when Kercher, Harris, Ragland and Abraham harshly reprimanded Plaintiff, based on false allegations, resulting from a 15- to 20-minute presentation given by Plaintiff during a monthly KMC oncology conference that allegedly exceeded conference time limits by approximately ten minutes. Plaintiff’s presentation had attempted to highlight several of Plaintiff’s above-mentioned concerns regarding Internal Pathology Review and their potential impact upon deciding the correct surgical procedure for the patient under discussion. The presentation was stopped before Plaintiff could present the key diagnostic conclusions of his presentation. 15. After the conference, Harris solicited letters of disapprobation from conference

participants, including Roy. Roy submitted a letter (“Roy Letter”) containing several false statements of fact which impugned Plaintiff to other members of KMC’s medical staff and administration. On information and belief, Harris and DOES 1 through 10 republished the Roy Letter to third parties. Several KMC medical and administration officers including Bryan and Kercher were aware of Roy’s, Harris’s and DOES 1 through 10’s acts of unwarranted criticism, but refused to intercede, and possibly approved or encouraged them. 16. In December of 2005, Plaintiff began medical leave initially in the form of

medically necessary reduced work schedule due to severe depression which was later extended to June 16, 2006. It was not until on or about March 2, 2006, that Plaintiff was finally provided with a Request for Leave of Absence form which he then submitted to KMC’s HR Department. Plaintiff also received a document entitled “Designation of Leave (Serious Health Condition of Employee-Intermittent)” from the HR Department at KMC, which included a written guarantee of Plaintiff’s reinstatement to his same or equivalent position with same pay, benefits and terms and conditions of employment upon his return from his leave. 17. During Plaintiff’s sick leave, Bryan issued a series of verbal and written

ultimatums to Plaintiff which threatened him with termination or demotion upon return from his leave, thereby giving notice that Plaintiff was not in fact guaranteed reinstatement to his same or

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equivalent position. In a meeting in April of 2006, Bryan ordered Plaintiff to cease his reduced work schedule and begin full-time leave, despite the fact that just days before, Plaintiff had submitted a written request for extension of his reduced work schedule for an additional six months to one year because of his serious medical condition. On June 14, 2006, two days before Plaintiff’s medical leave was allegedly due to end, Bryan informed Plaintiff that he was demoting Plaintiff to a staff pathologist position, effective June 17, 2006, because Plaintiff had taken excessive sick leaves; Plaintiff’s base salary was also ultimately reduced over $100,000 (over 35%) as a result (such demotion and pay reduction are hereinafter referred to collectively as “demotion” or “demoted”). 18. On July 10, 2006, the Joint Conference Committee (“JCC”) at KMC voted and

approved Bryan’s recommendation that Plaintiff be removed from chairmanship of the Pathology department due to his physical absence from KMC. 19. Plaintiff resumed full-time work as a staff pathologist on October 4, 2006.

Plaintiff continued to suffer a hostile work environment and retaliation. 20. Just before Thanksgiving of 2006, Plaintiff confided to Gilbert Martinez, the

Laboratory Manager at KMC, that he intended to blow the whistle on KMC to appropriate outside agencies. Days later, Defendant Harris met with Philip Dutt, M.D., Interim Chair of the Pathology Department at KMC (“Dutt”), to discuss what steps the Pathology Department should take in anticipation of Plantiff’s whistleblowing to these outside agencies. 21. On or about November 28, 2006, after almost six years of trying to reform KMC

from within, Plaintiff finally blew the whistle on KMC, formally reporting his Concerns to the Joint Commission on Accreditation of Hospital Organizations, the College of American Pathologists, and the California Department of Health Services (“Authorities”). 22. On or about December 4, 2006, Plaintiff submitted a written complaint to KMC

leadership about numerous additional concerns regarding the quality of patient care and the deterioration of the pathology department. 23. On December 7, Plaintiff was placed on involuntary administrative leave

allegedly “pending resolution of a personnel matter”.

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24.

On December 13, 2006, Plaintiff sent a letter to David Culberson (“Culberson”),

interim Chief Executive Officer of KMC, and carbon-copied to members of KMC’s medical staff leadership, informing him that he had reported his Concerns to the Authorities. 25. On March 28, 2007, KMC authorized Plaintiff to access his office in order to

retrieve his personal computer files. Upon his arrival, Defendant Dutt informed him that his office was now locked and that Defendant Dutt now had custody of the key, that Plaintiff’s file cabinet and computer had been physically removed and retasked for other purposes at KMC, and that Plaintiff would not be able to access his personal computer files after all. 26. On April 4, 2007, Plaintiff placed Defendant County on notice that (i) he still had

yet to be provided any explanation for his involuntary leave or any indication as to whether or when it would end so that he could return to work, (ii) the involuntary leave requiring him to remain at home by his phone during working hours was threatening to erode his pathology skills, jeopardizing his employability and career as a pathologist, (iii) the involuntary leave was denying him the opportunity to earn income from professional fee billing, and (iv) part-time work was deemed therapeutic for him by his physician and that the confinement to his house during working hours was having the opposite effect of severely exacerbating his depression. 27. On April 30, 2007, Defendant County sent a letter to Plaintiff notifying him of its

decision to lift the home restriction. To date, Plaintiff has received no formal explanation for the involuntary leave or the restriction to his home. 28. On May 1, 2007, Defendant County sent an email to Plaintiff notifying him of its

decision not to renew Plaintiff’s employment contract, which was not due to expire until October 4, 2007, and to “let the contract run out”. To date, Plaintiff has received no formal explanation for the decision not to renew his contract. 29. On October 4, 2007, Defendant County failed to renew Plaintiff’s employment

contract, which therefore expired. 30. On August 15, 2008, Ray Watson, Chair of the Board of Supervisors of

Defendant County, testified in deposition that Defendant County had decided during the course of several KMC Joint Conference Committee meetings not to renew Plaintiff’s employment

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contract because he had filed the instant lawsuit. B. EMPLOYMENT RELATIONSHIP 31. On October 24, 2000, the County entered into an employment contract with

Plaintiff (“Initial Contract”), hiring him to a full-time position as Chair of the Pathology Department at KMC and as Medical Director of the KMC clinical laboratory (“Lab Director”) for an employment term ending on November 30, 2006. As Lab Director, Plaintiff’s job duties included Medical Director of KMC’s blood bank and transfusion service. 32. On or about November 12, 2002, the County modified Plaintiff’s employment

contract to reflect an increase in his compensation and leave accrual rate, among other things. This second employment contract dated as of October 5, 2002 (“Second Contract”) extended Plaintiff’s employment term to October 4, 2007. A true and correct copy of the Second Contract is attached hereto as Exhibit 1, and incorporated by reference herein. 33. The Pathology Department and consequently the Chair of Pathology is

customarily referred to as “the conscience of a hospital”, and Plaintiff’s job duties extended “beyond (his) own department and (he was) expected to be an effective contributor to the overall improvement efforts of the hospital as a whole.” Such duties included participation in many hospital committees including KMC’s Quality Management Committee. 34. According to Exhibit A of the Initial Contract, the County expected Plaintiff to

spend 80 to 90% of his time on clinical duties of a pathologist, and 10 to 20% of his time on administrative duties as Chair of the Department of Pathology (“Chair of Pathology”) and Lab Director. 35. Article V.10 of the Second Contract provides that Plaintiff will not be deemed a

classified employee, or have any rights or protections under the County’s Civil Service Ordinance, rules or regulation. 36. Article II.3(B)(1) of the Second Contract guarantees that Plaintiff’s base salary

will be based on a benchmark salary in proportion to his full-effort commitment. In turn, the benchmark salary will be based on a national standard with four steps (A-D) with three criteria for step placement: clinical experience, teaching and administrative duties as set forth in the

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KMC Administrative Policies and Procedures Manual (“KAPP Manual”). 37. On information and belief, at the time of his hire, the County placed Plaintiff’s

salary level at Step C . 38. Article III.4 of the Second Contract entitles Plaintiff to the same right to unpaid

leave of absence as those provided to a regular County employee under the County’s policy, including six months cumulative unpaid leave of absence for illness or disability pursuant to Rule 1201.20 of the Rules of the Civil Service Commission for the County of Kern (“CSC Rules”). 39. Article IV.1(B) of the Second Contract requires “cause” for termination of

Plaintiff’s employment, which cause is defined as “serious administrative violation and/or unsatisfactory clinical performance.” 40. Article IV.3 of the Second Contract entitles Plaintiff to administrative review of

any corrective action for unsatisfactory clinical performance pursuant to the Bylaws of the Medical Staff of KMC (“Bylaws”); and for administrative review of any corrective action for violation of administrative policies of the County or KMC pursuant to the KAPP Manual. C. WHISTLEBLOWING 41. Throughout the course of his employment by KMC, Plaintiff has advocated for

appropriate patient care and compliance with the quality accreditation standards of the Joint Commission for the Accreditation of Hospital Organizations, the College of American Pathologists, the American Association of Blood Banks and the American College of Surgeons Commission on Cancer as well as applicable state and federal regulations designed to ensure safe care and conditions of patients. 42. Plaintiff reported his various concerns (“Concerns”) about inappropriate and/or

suspected unsafe patient care and conditions and non-compliance with applicable laws and regulations and accreditation standards to Bryan and key members of KMC’s medical staff, including but not limited to the following: (i) beginning in 2001, Plaintiff reported the unacceptably high levels of unsatisfactory or non-diagnostic FNAs being taken by the Radiology Department at KMC; (ii) beginning in 2003, Plaintiff reported the unacceptably high incidence

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of lost or incomplete PCC; (iii) beginning in 2004, Plaintiff reported the need for Internal Pathology Review; (iv) beginning in 2005, Plaintiff reported the Roy Hysterectomy; (v) beginning in 2005, Plaintiff reported the need to review the Prostate Biopsy Errors; and (vi) beginning in 2005, Plaintiff reported that KMC physicians had performed surgery on a wrong patient due to an error which Plaintiff believed would have been less likely had KMC implemented Internal Pathology Review. Unfortunately, Plaintiff’s reports not only appeared to fall on deaf ears, but also generated resentment and hostility among his peers at KMC. 43. On or about December 12, 2005, Plaintiff’s former attorney, Michael Young

(“Young”), sent a letter to Barmann, requesting Barmann meet with Plaintiff to discuss his Concerns. 44. On or about February 9, 2006, Barmann and Barnes met with Plaintiff. Plaintiff

reported his various Concerns, as well as the retaliation, unwarranted criticism, and hostile work environment Plaintiff was experiencing at KMC. 45. Finally, on or about November 28, 2006, after almost six years of trying to reform

KMC from within in vain, Plaintiff formally reported his Concerns to the Authorities. 46. On December 13, 2006, Plaintiff sent a letter addressed to Culberson, and carbon-

copied to members of KMC’s medical staff leadership, informing him that “KMC leadership has left me no choice but to report the above issues to the appropriate state and accrediting agencies”. D. UNWARRANTED CRITICISMS 47. In 2005, Plaintiff had reported the need for Internal Pathology Review to key

members of KMC medical staff and administration. Roy refused to submit outside pathology reports for Internal Pathology Review prior to surgery, preferring instead to refer all of his pathology cases to an acquaintance at the University of Southern California without intereference from KMC’s Pathology Department. 48. On or about April 15, 2005, Roy sent a letter which was addressed to Plaintiff and

carbon-copied to Dr. Leonard Perez (“Perez”), Chair of the OB-GYN Department at KMC. The letter contained the following statements of fact:

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Additionally, I cannot institute adjuvant therapy in a timely manner when it takes weeks and sometimes months to get an accurate diagnosis from your department…. Most importantly, delays in instituting appropriate adjuvant therapy due to delays in obtaining an accurate diagnosis, or instituting inappropriate therapy based on an inaccurate diagnosis can negatively affect patient survival. 49. Roy’s statements regarding delays of weeks and months were false. Perez

5 reasonably understood that the statements were about Plaintiff. Perez reasonably understood the 6 statements to mean that Plaintiff was not managing the Pathology Department in a competent 7 manner. As a consequence, Plaintiff experienced a significant loss of confidence of his peers at 8 KMC. 9 50. 10 copied to Perez, Dr. Maureen Martin, Chair of Surgery (“Martin”), Kercher and Bryan. The letter 11 stated: “Please refrain from making statements such as it takes weeks and sometimes months to 12 get an accurate diagnosis from your department without citing specific instances. In my 13 experience, such statements are typically untrue and consequently are unethical if not supported 14 by facts.” As officers of KMC, Kercher and Bryan approved, accepted, and/or failed to intercede 15 to protect Plaintiff from Roy’s unwarranted criticisms, and in so doing, ratified them. 16 51. 17 Pathology Department and had submitted certain pathology reports for second-level peer review 18 and investigation. Plaintiff requested that Harris identify the pathology reports in question but 19 Harris refused. Later, Plaintiff determined that no second-level peer review ever occurred. 20 52. 21 negative comments about the Pathology Department. 22 53. 23 copied to Perez, Martin, Harris, Kercher and Bryan. The letter stated: 24 25 26 27 28 It has come to my attention that you are making negative statements to numerous key members of the medical staff regarding pathology reports issued by this department. You are reported by others to claim that several of KMC pathology diagnoses do not agree with outside diagnoses rendered by other outside pathologists and that these discrepancies have or would have changed patient management. It would appear from these actions that you are claiming that our diagnoses are not correct. I do not recollect any true, substantial discrepancies between diagnoses rendered by this department and outside pathology departments based upon retrospective review of our cases since my arrival in On or about June 30, 2005, Plaintiff sent a letter addressed to Roy and carbonOn or about June 30, 2005, Martin and Harris told Plaintiff that Roy was making In May of 2005, Harris informed Plaintiff that Roy had voiced concerns about the On or about April 20, 2005, Plaintiff sent a letter addressed to Roy and carbon-

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December 2000. It is reported that you claim to have in your possession several such reports detailing incorrect diagnoses rendered by our department. It is also my understanding that you have been asked on several occasions to produce examples of these discrepancies, and as of yet have not produced any such reports to individuals that have made these requests. To demonstrate and support the accuracy of your claims, I request that you produce copies of these reports for my review by July 15, 2005. 54. Roy’s statements of fact regarding incorrect diagnoses by the Pathology

Department were false. The key members of the KMC medical staff who heard the statements reasonably understood that the statements were about Plaintiff and reasonably understood the statements to mean that Plaintiff was not managing the Pathology Department in a competent manner. As a consequence, Plaintiff experienced a significant loss of confidence of his peers at KMC. As officers of KMC, Harris, Kercher and Bryan approved, accepted, and/or failed to intercede against Roy’s unwarranted criticisms and in so doing, ratified them. 55. On or about July 15, 2005, Roy sent a letter addressed to Plaintiff and carbon-

copied to Harris, Bryan and Perez. The letter stated: I was quite surprised to receive your letter of June 5th. The “discrepancies” should be well known to you as I have brought them to your attention many times, both in the presence of Dr. Perez, and in a letter to you a couple of months ago, as well as multiple phone conversations. The inaccuracies, delays and refusals to refer specimens for outside review continue. The matter has been appropriately reported to the administration for a quality assurance review, as I have had no success in my pleadings to you directly. 56. Roy’s statements of fact regarding the existence of “discrepancies” and the

bringing of them to Plaintiff’s attention “many times” and “in the presence of Dr. Perez” were false. Harris, Bryan and Perez reasonably understood that the statements were about Plaintiff and reasonably understood the statements to mean that Plaintiff was neither managing the Pathology Department in a competent manner nor being truthful about Roy’s disclosures of the facts and circumstances underlying his unwarranted criticisms. As a consequence, Plaintiff experienced a significant loss of confidence of his peers at KMC. As officers of KMC, Harris and Bryan approved, accepted, and/or failed to intercede against Roy’s unwarranted criticisms and in so doing, ratified them. 57. Moreover, Roy’s statement of fact that he had reported the matter to KMC

administration for quality assurance review was false. Harris, Bryan and Perez reasonably

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understood that the statement was about Plaintiff and reasonably understood the statements to mean that Plaintiff was not managing the Pathology Department in a competent manner. As a consequence, Plaintiff experienced a significant loss of confidence of his peers at KMC. As officers of KMC, Harris and Bryan approved, accepted, and/or failed to intercede against Roy’s unwarranted criticisms and in so doing, ratified them. 58. On October 12, 2005, Plaintiff gave a presentation at the monthly KMC oncology

conference (“Oncology Conference”) highlighting concerns regarding a patient that might need a hysterectomy, and the need for Internal Pathology Review. 59. Plaintiff’s presentation lasted approximately 15 to 20 minutes, which exceeded

alleged conference time limits by approximately ten minutes. Plaintiff was stopped before he could present his final slides stating his patient care quality conclusions. 60. On information and belief, presenters at prior and subsequent Oncology

Conferences frequently exceeded time limits without interruption, incident, or reprimand. 61. Roy, Bill Taylor, Vice-Chair of Surgery, and Albert McBride, the Cancer

Committee Liaison, attended Plaintiff’s presentation at the October 12 Oncology Conference and were requested by Harris to give him letters criticizing Plaintiff’s time infraction. 62. In response, Roy sent a letter (“Roy Letter”), dated October 13, 2005, addressed

to Harris. The Roy Letter stated in relevant part: With respect, Dr. Jadwin is a small rural community hospital pathologist, with very limited experience and no specialty training in regard to Gynecologic Oncologic Pathology…. Dr. Jadwin is not a clinician, and has neither the fund of knowledge nor the experience to make any recommendations regarding the treatment of patients, much less criticize the care provided by those, such as myself, whose training and experience were attained at some of the highest seats of learning in the U.S and abroad. Additionally, as you are aware, it is not infrequent that Dr. Jadwin’s diagnoses are in err when reviewed by outside specialists, as in this particular case. The management of the patient would have been inappropriate if we accepted Dr. Jadwin’s report, which as you know, was different from two other pathologists in his own department (three different opinions). I have no confidence in Dr. Jadwin and I am actively pursuing the possibility of having all specimens from the Gynecologic Oncology service evaluated outside, as is currently done for the Neurosurgery service…. I have discussed these issues with Dr. Perez, Chairman of the Department of Obstectrics and Gynecology, and he assures me of his full support. 63. The Roy Letter contained the following false statements of fact: (i) Plaintiff is a

28 small rural community hospital pathologist, (ii) Plaintiff has very limited experience in

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Gynecologic Oncologic Pathology, (iii) Plaintiff is not a clinician, (iv) Plaintiff has neither the fund of knowledge nor the experience to make any recommendations regarding the treatment of patients, much less criticize the care given by doctors such as Roy, (v) it is not infrequent that Plaintiff’s diagnoses are in err when reviewed by outside specialists, as in this particular case, (vi) the management of the patient would have been inappropriate if Plaintiff’s report had been accepted, and (vii) Plaintiff’s report was different from two other pathologists in his own department, suggesting the deficiency of his report. Harris reasonably understood that the statements were about Plaintiff and reasonably understood the statements to mean that Plaintiff’s credentials and abilities as a pathologist and physician were deficient. Roy impugned Plaintiff despite Plaintiff’s numerous prior requests to stop doing so. As a consequence, Plaintiff experienced a significant loss of confidence of his peers at KMC. As an officer of KMC, Harris approved, accepted, and/or failed to intercede against Roy’s unwarranted criticisms and in so doing, ratified them. 64. Plaintiff is informed and believes, and thereupon alleges, that Harris subsequently

republished the Roy Letter to members of KMC staff, and that such staff further republished the Roy Letter to other members of KMC staff. Such other members of KMC staff reasonably understood that the statements contained in the Roy Letter were about Plaintiff and reasonably understood such statements to mean that Plaintiff’s credentials and abilities as a pathologist and physician were deficient. As a consequence, Plaintiff experienced a significant loss of confidence of his peers at KMC. As officers of KMC, Harris, and DOES 1 through 10 accepted, and/or failed to intercede against Roy’s unwarranted criticisms or their subsequent republication, and in so doing, ratified them. 65. On or about October 17, 2005, Plaintiff was ordered to attend a meeting with

Kercher, Harris and Ragland who subjected Plaintiff to humiliating ridicule, yelling and inappropriate questioning regarding Plaintiff’s alleged violation of Oncology Conference time limits. Kercher, Harris and Ragland informed Plaintiff that they had received letters of disapprobation (“Disapprobation Letters”) from three conference participants – one of which was the Roy Letter – and would be issuing a letter of reprimand later that day which would be entered

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into Plaintiff’s medical staff file. When Plaintiff asked to see the Disapprobation Letters, Kercher, Harris and Ragland refused to provide them. As officers of KMC, Harris, Kercher, Ragland and Abraham approved, accepted, and/or failed to intercede against Roy’s unwarranted criticisms or their subsequent republication by Harris and other members of KMC staff, and in so doing, ratified such unwarranted criticisms. 66. Later that day, Harris, Kercher, Ragland and Abraham issued a formal letter of

reprimand addressed to Plaintiff (“Reprimand Letter”). The Reprimand Letter stated: “Your repeated misconduct at the Tumor Conference on October 12, 2005 was noted by numerous attendants, three of which have written letters of their dissatisfaction, which will be entered into your medical staff file.” The three letters to be entered into Plaintiff’s medical staff file included the Roy Letter. As officers of KMC, Harris, Kercher, Ragland and Abraham approved, accepted, and/or failed to intercede against Roy’s unwarranted criticisms or their subsequent republication by Harris and members of KMC staff, and in so doing, ratified such unwarranted criticisms. 67. During the period from on or about October 17, 2005 to on or about January

2007, Plaintiff submitted numerous requests to Harris, Ms. Karen Barnes, Deputy County Counsel for the County of Kern (“Barnes”), and Bryan to see the Disapprobation Letters. He was continuously refused. As officers of KMC, Harris and Bryan approved, accepted, and/or failed to intercede against Roy’s uwarranted criticisms or their subsequent republication by Harris and members of KMC staff, and in so doing, ratified such unwarranted criticisms. 68. On or about December 12, 2005, Young sent a letter to Barmann stating:

Recently, Dr. Jadwin was advised that several of the staff physicians had written letters of dissatisfaction regarding Dr. Jadwin’s professionalism and was advised that these letters were placed into his personnel/medical staff file. When the doctor asked to see these letters, he was refused access to them and was subsequently told that the letters had not been placed into his file. Dr. Jadwin then sent an e-mail to Deputy County Counsel, Karen Barnes, copy attached, regarding an opinion with respect to his right to inspect the file. At this juncture, there has been no reply to his request. Needless to say, Dr. Jadwin is extremely upset and emotionally distraught over the present state of affairs. 69. On or about January 6, 2006, Barnes sent a letter on behalf of Barmann and

addressed to Young. The letter included as an attachment a copy of the Roy Letter, redacted to conceal Roy’s identity. This letter afforded Plaintiff his first opportunity to see the Roy Letter

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and the unwarranted criticisms contained therein. 70. On or about January 9, 2006, Plaintiff sent a letter addressed to Bryan, stating:

I have been victim of professional mistreatment by a few members of medical staff. You are aware of these instances. I believe this harassment is in response to the many quality management issues that I have raised. This harassment has led me develop depression, anxiety and insomnia. Most recent issue involving the October Oncology Conference is still unresolved. I request administrative leave with pay until this issue is resolved. 71. On or about February 10, 2006, Plaintiff sent a letter addressed to Roy,

7 challenging the truthfulness of the claims contained in Roy’s letter of July 15, 2005, that Roy had 8 reported certain patient cases handled by the Pathology Department to the KMC administration 9 for quality assurance review. Plaintiff stated “to my knowledge no credible report has been 10 submitted. As of today, I have not received notice of any deficient reports from you.” Plaintiff 11 further challenged the truthfulness of other unwarranted criticisms contained in the Roy Letter 12 and demanded “immediate proof of these allegations within 14 days”. Plaintiff went on to state 13 that if Roy failed to produce such proof, then Roy should issue an apology meeting Plaintiff’s 14 specifications. 15 72. 16 in relevant part: 17 18 19 20 21 22 23 24 25 26 27 28 I received a copy of your letter to Dr. Roy dated February 10, 2006 and I must say that I am disappointed in your decision to send it… I know that you felt justified in sending the letter. You feel that Dr. Roy besmirched your reputation and challenged your professional competency. Furthermore, you feel that there is no evidence to support his characterizations of you and you are demanding that he recant his comments and apologize. All of these things may or may not be as you say. However, your decision to confront the issues this way is not a good one…. It is not your message that people react to but rather how you deliver it…. Dr. Roy’s letter was correspondence submitted through the medical staff structure, and the staff officers and Chief Medical Officer have the obligation to decide what to do with that input. They can either ignore that correspondence because of a lack of supporting evidence, call for a review of the quality of your work, or cause a meeting to happen between you and Dr. Roy and Dr. Perez to further clarify the basis of Dr. Roy’s concerns. 73. As an officer of KMC, Bryan approved, accepted, and/or failed to intercede On or about February 21, 2006, Bryan sent a letter addressed to Plaintiff, stating

against Roy’s unwarranted criticisms or their subsequent republication by Harris and members of KMC staff, and in so doing, ratified them. 74. On or about March 16, 2006, Plaintiff sent an email addressed to Kercher and

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carbon-copied to Bryan, stating: I am further requesting an investigation of Dr. Roy’s professional behavior by the medical staff… [H]e has made outrageous false statements about the pathology department and myself, which cause great concern about his ethical integrity…. I think it is outrageous that the medical staff sits by and lets this individual act in such a pompous, destructive manner. I feel a personal duty to the pathology department (and the hospital) to push the issue of his bad conduct in whatever venue may be needed to control the actions of this individual. 75. On or about March 30, 2006, Young sent a letter addressed to Roy, stating:

Dr. Jadwin is very upset with the alleged statements attributable to you regarding his reputation in the medical community. Unless you come forward with facts in support of your position to show the truth thereof or issue a written apology to Dr. Jadwin, he will have no alternative but to seek recourse against you for damaging his reputation. While professionals may justifiably have a difference of opinion regarding complex issues in the field of medicine, there is really no place for publishing statements about a colleague that are not true and intended to tarnish one’s reputation.” 76. To date, Plaintiff is informed and believes and thereupon alleges: (i) Roy has

never responded to Plaintiff’s repeated requests for factual substantiation of Roy’s numerous unwarranted criticisms; (ii) KMC never conducted an investigation into Roy’s professional misconduct; and (iii) Harris, Kercher, Bryan and Abraham have approved, accepted, and refused to intercede against Roy’s unwarranted criticisms or their subsequent republication by Harris and DOES 1 through 10. E. MEDICAL LEAVE 77. As of December 16, 2005, Plaintiff was eligible for twelve weeks of medical

leave under FMLA and CFRA pursuant to 29 C.F.R. § 825.110 and 2 C.C.R. § 72970(e), respectively, in that he had been regularly employed by Defendant County for 1,250 hours in the twelve months immediately prior to the start of his leave and had not taken any medical or family leave during that time. 78. An eligible employee’s rights under CFRA and FMLA include a “reduced work

schedule” pursuant to 29 C.F.R. § 825.203 that is “medically necessary” pursuant to 29 C.F.R. 825.117. 79. circumstances. Plaintiff’s notice to KMC of his need for medical leave was reasonable under the

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80.

On or about December 16, 2005 Plaintiff began his medically necessary reduced

work schedule that permitted him to perform all of his duties as Chair of Pathology, and reduced his schedule only as to his duties as a regular pathologist. 81. On or about January 13, 2006, Plaintiff submitted to KMC a copy of his

psychiatrist’s certification stating that Plaintiff needed a reduced work schedule leave from December 16, 2005 until at least March 16, 2006 because of his serious medical condition. 82. On or about March 2, 2006, Plaintiff was finally provided with a Request for

Leave of Absence form which he then submitted to KMC’s HR Department. KMC’s HR Department formally approved the leave on March 13, 2006. 83. Also on or about March 2, 2006, Plaintiff received a document entitled

“Designation of Leave (Serious Health Condition of Employee-Intermittent)” (“Leave Designation Notice”) from the HR Department at KMC that informed Plaintiff: You also have the right to be reinstated to the same or an equivalent job with the same pay, benefits and terms and conditions of employment on your return from leave. Please note that the leave provisions for County employees are more generous than those mandated by FMLA and CFRA and, accordingly, you may be eligible for more than the twelve (12) weeks of unpaid leave described above.” 84. On or about March 16, 2006, Plaintiff sent an email to Bryan stating in pertinent

part: “Peter: I will be taking you (sic) suggestion and take 2 to 3 more months of leave. I am scheduled to have surgery on March 22, 2006 with a several week recovery time...”. Plaintiff also sent an email that same day to Dr. Kercher, stating in pertinent part: “Gene: I will be out of the hospital for 2 or 3 more months. I am having surgery next week and will need several weeks to recover…”. 85. On or about April 10, 2006, Plaintiff sent an email to Bryan stating: “I believe

that we have a meeting this Thursday at 1500. I can discuss a schedule with you. I have been working only to help out Phil and Savita during periods of shortage, and to keep on top of some administrative work. I am always available for necessary discussions. Just have Arlene or Tracy call me.” 86. On or about April 17, 2006, Bryan wrote a letter addressed to Plaintiff,

purportedly memorializing Bryan’s April 13, 2006 meeting with Plaintiff in which he

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acknowledged, “Yes, the Department of Pathology continues to function well as it has for many years, and yes, you have made many positive changes in the department.” Bryan also acknowledged that Plaintiff’s whistleblowing activity had created “the dysfunctional relationship you have with some key members of the staff” and asked for Plaintiff to either cease upsetting staff with his whistleblowing activity or to step down as Chairman on his return from medical leave. 87. On or about April 20, 2006, Plaintiff received notice from KMC’s HR

Department that his “Intermittent Leave of Absence” had expired on March 15 and that in order to extend his leave, he would need to submit a “Request for Leave of Absence” form to the HR Department by “no later than Tuesday, April 25, 2006”. 88. On or about April 26, 2006, Plaintiff submitted a Request for Leave of Absence

form to KMC’s HR Department, along with a copy of his psychiatrist’s certification that Plaintiff needed an extension of his reduced work schedule leave for six months to one year because of his serious medical condition. 89. However, on or about April 28, 2006, Bryan met with Plaintiff, Barnes and Steve

O’Conner of the HR Department (“O’Conner”) and ordered Plaintiff to convert his reduced work schedule to involuntary full-time medical leave despite the fact that Plaintiff was ready, willing, and able to continue working his reduced work schedule (“Forced FT Leave”). Bryan further told Plaintiff that he needed to know by June 16, 2006 whether Plaintiff would resign as Chair; and that if he resigned he would be in the same position as Adam Lang, a former staff pathologist at KMC, who retained only hospital privileges but whose employment contract had been terminated. Hence, Bryan threatened Plaintiff not only with removal from chairmanship, but termination of the Second Contract, thereby giving notice that he would not honor any guarantee of reinstatement to Plaintiff’s same or equivalent position. 90. On or about April 28, 2006, Bryan wrote a letter to Plaintiff purportedly

memorializing the April 26, 2006 meeting and stating that he required Plaintiff to go on full-time leave from May 1, 2006 to June 16, 2006 when Plaintiff’s right to medical leave would purportedly expire; and required Plaintiff to either return to work full-time on June 17, 2006 or

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resign, purportedly because “the hospital needs you here full-time.” 91. On or about May 5, 2006, Plaintiff underwent nasal surgery followed by a

difficult recovery which limited his ability to breathe and exert himself for approximately one month. 92. On or about May 29, 2006, Plaintiff fractured his foot and avulsed a ligament

from his ankle in an accident which limited his ability to walk, stand or sit without elevating his ankle for approximately three months. 93. On or about June 2, 2006, Plaintiff sent a letter addressed to Bryan, stating:

Unfortunately, I underwent sinus surgery in early May which took some time to recover from. Then last Monday, I suffered a serious fall down a staircase that will require a cast on my left ankle and impose serious restrictions on my mobility for at least four weeks. I would greatly appreciate an extension of the June 16 deadline as my physical ailments of late simply have not permitted me to consider and render such an important decision nor do they physically permit me to come to the office by June 16. 94. On or about June 14, 2006, Bryan sent an email addressed to Plaintiff informing

Plaintiff that Bryan was unilaterally removing Plaintiff from his position as Chair of Pathology, thereby denying Plaintiff reinstatement to his same or equivalent position despite written guarantees to the contrary. The email stated: My response to your request for an extension of medical leave has a two part answer. First, I will extend leave to a Personal Necessity Leave for your employment status only. This means that you have 90 days of extended leave which will protect your overall employment status. At the end of this 90 day period, you must either return to duty or resign from employment. Second, I will not extend your leave as it relates to your appointment as Chairman, Department of Pathology. I am implementing the provisions of paragraph 9.6-4, REMOVAL, Medical Staff Bylaws, and withdrawing your appointment as Chairman, Department of Pathology. This institution needs to have full-time leadership in the department and because of your leave you have not been able to provide it. Should you return to work after the completion of your Personal Necessity Leave then your employment contract will be modified as mutually agreed to reflect that you are still an employed pathologist (should you choose this option), but you will not retain the duties and appointment of a chairman. My decision to do this, Dr. Jadwin, is based solely on your inability to provide consistent and stable leadership in the department for most of the past eight to nine months. You have used all of your sick and vacation time in addition to using all available time under the medical leave provisions of County policy. It is unfortunate that you had your accident which delayed your return but the hospital needs to move on. 95. Later, on or about June 14, 2006, Bryan sent a letter addressed to Plaintiff

reiterating that Bryan was rescinding Plaintiff’s Chairmanship of the Pathology Department

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because Plaintiff had “essentially been out on either full or part-time leave for the past eight or nine months” – an inaccurate statement – and because “the Department of Pathology needs a full-time chairman.” 96. On information and belief, on or about July 10, 2006, the JCC approved

Plaintiff’s removal from Chairmanship by a majority vote. 97. Plaintiff’s demotion breached the guarantee of reinstatement contained in the

Leave Designation Notice. 98. On or about September 18, 2006, Barnes sent Plaintiff’s attorney a proposed

amendment (“Amendment”) to the Second Contract which included a base salary reduction of over 35% (“Paycut”), allegedly as a consequence of Plaintiff’s removal from Chairmanship. 99. On or about September 18, 2006, Plaintiff sent an email addressed to Barnes

protesting the Paycut. The email stated: Mr. Bryan stated in his letter to me that his decision to strip me of my chairmanship was based on the sick leaves I was taking. KMC’s proposed reduction of my base salary seems to have the purpose of punishing me further. I wish to return to work at KMC, but I believe the proposed drastic reduction in my base salary as benchmarked against Dr. Dutt’s is utterly unfair on numerous levels. I am left feeling that this is simply another retaliatory effort on the part of KMC. 100. On or about September 20, 2006, Culberson sent a letter addressed to Plaintiff

explaining the Paycut. 101. On or about September 22, 2006, Plaintiff executed the Amendment

memorializing the Paycut and submitted it to Barnes. 102. On or about October 3, 2006, the Board of Supervisors for Defendant County

voted to approve the Amendment. 103. On October 4, 2006, Plaintiff’s 90-day personal necessity leave ended and

Plaintiff returned to work at KMC as a staff pathologist. Plaintiff’s former subordinate, Defendant Dutt, was chosen to replace Plaintiff as Acting Chair of Pathology. 104. Between on or about October 4, 2006 until on or about December 7, 2006,

Defendant Dutt yelled at, harassed, insulted, ridiculed Plaintiff, both verbally and in a series of emails.

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105.

On or about December 4, 2006, Plaintiff sent a letter addressed to Culberson and

carbon-copied to key members of KMC’s medical staff and administration, protesting Defendant Dutt’s behavior and raising additional concerns about patient care quality, safety and legal noncompliance. 106. On or about December 7, 2006, Culberson sent a letter addressed to Plaintiff

informing him that he was being placed on involuntary paid administrative leave “pending resolution of a personnel matter”. 107. On March 28, 2007, KMC authorized Plaintiff to access his office in order to

retrieve his personal computer files. Upon his arrival, Defendant Dutt informed him that his office was now locked and that Defendant Dutt now had custody of the key, that Plaintiff’s file cabinet and computer had been physically removed and retasked for other purposes at KMC, and that Plaintiff would not be able to access his personal computer files after all. 108. On April 4, 2007, Plaintiff placed Defendant County on notice that (i) he still had

yet to be provided any explanation for his involuntary leave or any indication as to whether or when it would end so that he could return to work, (ii) the involuntary leave requiring him to remain at home by his phone during working hours was threatening to erode his pathology skills, jeopardizing his employability and career as a pathologist, (iii) the involuntary leave was denying him the opportunity to earn income from professional fee billing, and (iv) part-time work was deemed therapeutic for him by his physician and that the confinement to his house during working hours was having the opposite effect of severely exacerbating his depression. F. DISABILITY DISCRIMINATION 109. In 2003, Plaintiff had notified KMC that he suffered from depression due to work-

related hostility and KMC’s failure to resolve Plaintiff’s compliance and patient care concerns. KMC subsequently permitted Plaintiff to undertake a medically necessary reduced work schedule leave as a reasonable accommodation. 110. By December 16, 2005, Plaintiff was suffering extreme stress from the hostile

work environment created by the harassment, unwarranted criticisms, discrimination, and retaliatory adverse actions of Defendants and each of them. Plaintiff’s depression subsequently

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became disabling in that it limited his ability to enjoy life, without anxiety or insomnia.. 111. On or about December 16, 2005, Plaintiff submitted to KMC a copy of his

psychiatrist’s certification that Plaintiff needed a reduced work schedule leave because of his serious medical condition. 112. On or about January 9, 2006, Plaintiff sent a letter addressed to Bryan, stating:

“This harassment has led me develop depression, anxiety and insomnia. Most recent issue involving the October Oncology Conference is still unresolved. I request administrative leave with pay until this issue is resolved.” 113. On or about January 9, 2006, Plaintiff met with Bryan regarding his request for a

medically necessary reduced work schedule, and clarified that it was necessary because of the reoccurrence of his disabling depression. Bryan orally approved Plaintiff’s reduced work schedule. 114. Defendants, and each of them, knew or should have known that Plaintiff was an

individual with a disability that limited his major life activities of taking pleasure in life, without experiencing anxiety, insomnia or difficulty breathing and moving, and/or was perceived by Defendants as having such limitations. 115. On or about March 2, 2006, Plaintiff sent an email to Bryan, repeating his

previous verbal request weeks earlier that KMC hire a locum tenens pathologist to assist with the Pathology Department’s workload during Plaintiff’s reduced work leave. 116. On or about March 24, 2006, Plaintiff sent an email to Bryan, expressing his

disappointment that KMC had not yet hired a locum tenens pathologist to assist with the Pathology Department’s workload during Plaintiff’s reduced work leave, as Plaintiff had previously requested. 117. On or about April 10, 2006, Plaintiff sent an email to Bryan, stating that he had

not been informed that KMC had finally hired a locum tenens pathologist. The email stated: I don’t know of Dr. Bhargava and didn’t know that a contract with Dr. Bhargava was signed. Had I known, I would have placed him on the call schedule for the coming months. I felt obligated to take some of the call, even though I am off, because there would not be enough resources for the call schedule. 118. On or about April 17, 2006, Bryan wrote a letter addressed to Plaintiff in which

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he acknowledged that “Yes, the Department of Pathology continues to function well as it has for many years, and yes, you have made many positive changes in the department [emphasis added]”. 119. On or about April 26, 2006, Plaintiff submitted a Request for Leave of Absence

form to KMC’s HR Department, along with a copy of his psychiatrist’s certification that Plaintiff needed an extension of his reduced work schedule leave for six months to one year because of his serious medical condition. 120. Nevertheless, on or about April 28, 2006, Bryan met with Plaintiff, Barnes and

O’Conner, and ordered Plaintiff to convert his reduced work schedule to involuntary full-time medical leave despite the fact that Plaintiff was ready, willing, and able to continue working his reduced work schedule, thereby removing an accommodation of Plaintiff’s disability and refusing to engage in good faith in an interactive process with Plaintiff. 121. On or about May 5, 2006, Plaintiff underwent nasal surgery followed by a

difficult recovery, which limited his ability to breathe and exert himself for approximately one month. 122. On or about May 29, 2006, Plaintiff fractured his foot and avulsed a ligament

from his ankle in an accident which limited his ability to stand, sit without elevating his ankle, or walk for approximately three months. 123. On or about June 2, 2006, Plaintiff sent a letter addressed to Bryan, requesting an

extension of Plaintiff’s leave, which was due to expire on June 16, 2006, because of Plaintiff’s nasal surgery and foot injury. 124. On or about June 14, 2006, Bryan sent an email addressed to Plaintiff informing

Plaintiff that Bryan was unilaterally removing Plaintiff from his position as Chair of Pathology purportedly because “[t]his institution needs to have full-time leadership in the department and because of your leave you have not been able to provide it.” 125. Later, on or about June 14, 2006, Bryan sent a letter address to Plaintiff

containing statements similar to those contained in Bryan’s email of earlier that day, and reiterating that “the Department of Pathology needs a full-time chairman.”

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126.

On April 4, 2007, after KMC had placed Plaintiff on involuntary paid leave,

Plaintiff placed Defendant County on notice that (i) he still had yet to be provided any explanation for his involuntary leave or any indication as to whether or when it would end so that he could return to work, (ii) the involuntary leave requiring him to remain at home by his phone during working hours was threatening to erode his pathology skills, jeopardizing his employability and career as a pathologist, (iii) the involuntary leave was denying him the opportunity to earn income from professional fee billing, and (iv) part-time work was deemed therapeutic for him by his physician and that the confinement to his house during working hours was having the opposite effect of severely exacerbating his depression. 127. At all times material here, excluding a portion of the time when he was out on

voluntary full-time medical leave, Plaintiff has been able to perform the essential functions of the employment positions he held with Defendants and each of them, with reasonable accommodation. 128. Plaintiff requested reasonable accommodation of his disabilities from Defendants,

and each of them, in the form of a reduced work schedule and/or recuperative leave. 129. Allowing Plaintiff to take the medical and/or recuperative leave that he requested

would have been a reasonable accommodation of Plaintiff’s disabilities. 130. Holding open Plaintiff’s position as Chair of Pathology while he was on leave

would have been a reasonable accommodation of Plaintiff’s disabilities. 131. Holding open Plaintiff’s position as Chair of Pathology while he was on leave

would not have been unduly burdensome for the County or KMC. G. DUE PROCESS 132. Pursuant to 9.6-4 of the Bylaws, Bryan was not authorized to remove Plaintiff

from his position as Chair of Pathology, but could only recommend such removal to the JCC. 133. On July 10, 2006, Defendants County and Bryan demoted and reduced the base

annual compensation of Plaintiff by over $100,000 as provided for in Plaintiff’s employment contract with Defendant County without providing Plaintiff impartial adjudicators, meaningful notice of the JCC vote to remove Plaintiff from chairmanship or a meaningful opportunity to

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respond to the charges against him or tell his side of the storya. 134. On December 7, 2006, Defendants County and Harris placed Plaintiff on

administrative leave, denying him the opportunity to earn professional fees of roughly $100,000 per year as provided for in Plaintiff’s employment contract, without providing Plaintiff impartial adjudicators, meaningful notice of the meetings at which it was decided to place Plaintiff on administrative leave, or a meaningful opportunity to respond to the charges against him or tell his side of the story. 135. On October 4, 2007, Defendant County failed to renew Plaintiff’s employment

contract with Defendant County, denying him continued employment pursuant to a mutually explicit understanding between Plaintiff and Defendant County, without providing Plaintiff impartial adjudicators, meaningful notice of the JCC meetings at which it was decided not to renew Plaintiff’s contract, or a meaningful opportunity to respond to the charges against him or tell his side of the story. H. ADVERSE ACTIONS 136. Defendants, and each of them, have taken adverse employment actions against

Plaintiff, willfully and intentionally creating a hostile work environment, subjecting him to acts of unwarranted criticism and ratification thereof, demotion and excessive reduction in pay, disparate treatment, unwarranted criticism and reprimands, threats, requests for his resignation, interference with and denial of his right to medical leave, refusing to engage in good faith in an interactive process and denying him reasonable accommodation and procedural due process because of his protected characteristics and/or activities alleged herein. 137. On May 1, 2007, Defendant County notified Plaintiff that he would remain on

paid administrative leave until his employment contract expired on October 4, 2007; and that, contrary to its prior and customary practice, Defendant County did not intend to renew his employment contract. Although Plaintiff was no longer restricted to the confines of his home during working hours, he still could not enter KMC’s premises or access his office without prior written permission. 138. On October 4, 2007, Defendant County failed to renew Plaintiff’s employment

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contract, which therefore expired. I. DAMAGES AND CAUSATION 139. As a result of Defendants’ acts and omissions alleged herein, Plaintiff has

suffered pecuniary losses, such as loss of wages and benefits, and has been required to incur medical and legal expenses and to hire attorneys in order (i) to enforce Plaintiff’s rights, (ii) to enforce provisions of the law protecting whistleblowers, employees who exercise their right to medical leave under CFRA and oppose practice made unlawful under CFRA/FMLA, and employees with disabilities that need reasonable accommodation and/or oppose practices made unlawful under FEHA, and (iii) to take such action both in his own interest and in order to enforce important rights affecting the public interest. 140. After Plaintiff returned from leave on October 4, 2006, Defendants and each of

them placed Plaintiff in the position of staff pathologist and excessively reduced his salary by $100,842 or over 35%. 141. On information and belief, Plaintiff’s salary for his work as a staff pathologist for

KMC was less than the benchmark National Medical Group Association (“NMGA”) median salary for a clinical and anatomic pathologist with Plaintiff’s qualifications and experience, in breach of the Second Contract. 142. During the time that Defendants placed Plaintiff on involuntary full-time leave,

including the period from December 7, 2006 to October 4, 2007, Defendants effectively denied Plaintiff the opportunity to earn Professional Fees as set forth in Article II of the Second Contract. 143. As a further result of Defendants’ acts and omissions alleged herein, Plaintiff has

suffered and continues to suffer non-economic damages, such as emotional distress, anxiety, and humiliation. 144. The acts and omissions of Defendants, and each of them, alleged herein were and

are a substantial factor in causing Plaintiff’s harm. 145. The acts and omissions of Defendants Bryan and Harris, alleged herein are

despicable, oppressive and were done in conscious disregard of the rights of individuals and

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whistleblowers, such as Plaintiff, and of the safety of public patients, and have evidenced actual or implied malicious intent toward Plaintiff, thereby entitling him to an award of punitive damages against Defendants Bryan and Harris pursuant to §3294 Civil Code in an amount sufficient to make an example of Defendants Bryan and Harris, and discourage others from conscious disregard for the rights of individuals and whistleblowers and for the safe care and condition of public patients. Plaintiff does not know the financial worth of Defendants Bryan and Harris or the amount of punitive damages sufficient to accomplish the public purposes of §3294 Civil Code and will seek leave to amend this complaint when such facts are known or proceed according to proof at trial. 146. Plaintiff has mitigated his damages by seeking and maintaining medical and

psychiatric treatment, seeking employment, and by taking progressive steps to try to restore confidence in the Pathology Department at KMC. EXHAUSTION OF REMEDIES 147. On July 3, 2006, Plaintiff filed a Tort Claims Act complaint with the County of

Kern. The complaint disclosed Plaintiff’s claims of retaliation against Defendant County for engaging in whistleblowing activity concerning unsafe patient care and conditions at KMC and his refusal to participate in activities that he reasonably believed to be unlawful against Defendant County (a true and correct copy of which is attached hereto as Exhibit 2 and incorporated by reference herein). The Office of the County Counsel for the County of Kern sent a letter to Plaintiff’s counsel, dated September 15, 2006 (a true and correct copy of which is attached hereto as Exhibit 3 and incorporated by reference herein), giving notice that Plaintiff’s complaint was deemed rejected by operation of law and informing Plaintiff that he had six months from the date of such notice to file a court action on his claims. Plaintiff continued to be employed by KMC as a staff pathologist and continues to be subject to a hostile work environment and retaliation on an ongoing basis. 148. On April 23, 2007, Plaintiff filed a supplemented Tort Claims Act complaint with

the County of Kern, supplemented to reflect events occurring after filing of the initial Tort Claims Act complaint on July 3, 2006.

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149.

On October 10, 2007, Plaintiff again filed a supplemented Tort Claims Act

complaint with the County of Kern, supplemented to reflect events occurring after filing of the supplemented Tort Claims Act complaint on April 23, 2007. 150. Plaintiff intends to file supplemented Tort Claims Act complaints with the County

of Kern on a periodic and continuing basis. 151. On August 3, 2006, Plaintiff filed a complaint with the California Department of

Fair Employment and Housing (“DFEH”), followed by an amended complaint filed on November 14, 2006. The complaint stated claims against Defendant County for discrimination on the basis of disability, as well as failure to engage in good faith in an interactive process, failure to provide reasonable accommodation, violations of Plaintiff’s medical leave rights. Plaintiff received a right-to-sue notice from the DFEH, true and correct copies of which are attached hereto as Exhibit 4 and incorporated by reference herein. 152. On April 23, 2007, Plaintiff filed a supplemented complaint with the DFEH,

supplemented to reflect events occurring after filing of the initial complaint with the DFEH on August 3, 2006. 153. On October 16, 2007, Plaintiff again filed a supplemented complaint with the

DFEH, supplemented to reflect events occurring after filing of the supplemented complaint with the DFEH on April 23, 2006. 154. On September 2, 2008, Plaintiff again filed a supplemented complaint with the

DFEH, supplemented to reflect additional claims for retaliation for opposing practices made unlawful under CFRA and FEHA which arose after evidence was newly discovered subsequent to the filing of the supplemented complaint with the DFEH on October 16, 2007. 155. Plaintiff intends to file supplemented complaints with the DFEH on a periodic and

continuing basis. 156. Plaintiff filed a notice of intent to sue under Section 1102.5 of the Labor Code,

without seeking any penalties, with the Labor and Workforce Development Agency (“LWDA”) on January 5, 2007, a true and correct copy of which is attached hereto as Exhibit 5 and incorporated by reference herein. On February 15, 2007, the LWDA mailed notice to Plaintiff

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that it was in receipt of Plaintiff’s notice of intent to sue. To date, Plaintiff has not received any citation or notice that LWDA will investigate or pursue this claim. 157. On January 24, 2007, Plaintiff gave notice to the U.S. Department of Labor that

he had filed a complaint and initiated this action in US district court, alleging interference with Plaintiff’s right to family and medical leave under FMLA. No right-to-sue notice has issued as Plaintiff has a free-standing private right of action under FMLA. STATEMENT OF CLAIMS FIRST CLAIM (Retaliation in Violation of Health & Safety Code § 1278.5) (Against Defendants County and DOES 1 through 10) 158. Plaintiff alleges this first and separate claim for Retaliation in violation of Health

11 & Safety Code § 1278.5 against Defendant County. 12 159. 13 through 157, inclusive, above. 14 160. 15 from discrimination and retaliation for health care workers who reported suspected unsafe care 16 and conditions of patients in health care facilities. 17 161. 18 regarding suspected unsafe care and conditions of patients at KMC. 19 162. 20 Code by engaging in a continuous and ongoing pattern and practice of discrimination and 21 retaliation against Plaintiff because he engaged in whistleblowing activity protected by Section 22 1278.5 of the Health & Safety Code. 23 163. 24 described herein was Plaintiff’s reports to his employer, Barmann, and Authorities regarding 25 what he reasonably believed to be unsafe patient care and conditions. 26 WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. 27 SECOND CLAIM: 28 (Retaliation In Violation Of Lab. Code § 1102.5) A motivating factor for the acts and omissions of Defendants and each of them Defendants and each of them have violated Section 1278.5 of the Health & Safety Defendants and each of them knew of Plaintiff’s whistleblowing activity At all material times herein, Health & Safety Code § 1278.5 provided protection Plaintiff incorporates by reference herein the allegations set forth in Paragraphs 1

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(Against Defendants County and DOES 1 through 10) Plaintiff alleges this second and separate claim for Retaliation in violation of

Labor Code § 1102.5 against Defendant County and DOES 1 through 10, inclusive 165. Plaintiff incorporates by reference herein the allegations contained in Paragraphs

1 through 157 above, inclusive. 166. pertinent part: 1102.5. (a) An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. (b) An employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. (c) An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. 167. Plaintiff reported his reasonable suspicions about illegal, non-compliant, and At all material times herein, Labor Code § 1102.5 was in effect, and provides in

unsafe care and conditions of patients at KMC to his employer, Barmann, and Authorities. 168. Defendants, and each of them, knew of Plaintiff’s whistleblowing reports

protected by Section 1102.5 of the Labor Code. 169. Defendants, and each of them, engaged in a continuous and ongoing pattern and

practice of discrimination and retaliation against Plaintiff because he engaged in activity protected by Section 1102.5 of the Labor Code. 170. Plaintiff’s activity protected by Section 1102.5 of the Labor Code was a

contributing factor in the continuous pattern and practice of discrimination and retaliation of Defendants, and each of them, against Plaintiff described in this complaint. WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. THIRD CLAIM [Retaliation (CFRA - Gov’t Code §§ 12949(f); 12945.1, et seq.)] (Against Defendants County and DOES 1 through 10, inclusive.) Plaintiff alleges this third and separate claim for violations of Government Code

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§§ 12945.1, et seq., against Defendants County and DOES 1 through 10, inclusive. 172. Plaintiff incorporates by reference herein the allegations contained in Paragraphs

1 through 157 above, inclusive. 173. At all material times herein, Sections 12949(f), 12945.2(a)(1) of the Government

Code and 2 C.C.R. § 7297.7(a) prohibit any person from discriminating, discharging, or retaliating against an employee for exercising his right to medical leave and/or for opposing employment practices made unlawful under CFRA. 174. Defendants, and each of them, retaliated against Plaintiff for requesting and

taking medical leave, including denying him a medically necessary reduced work schedule; ,demoting him; excessively reducing his salary and chance to earn professional fees, bonuses and promotion; and non-renewal of his employment contract. 175. Plaintiff’s exercise of his right to medical leave and/or opposition to employment

practices made unlawful under CFRA was a motivating reason for Defendants’ adverse treatment Plaintiff. WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. FOURTH CLAIM [Interference With FMLA Rights in violation of 29 U.S.C. §§ 2601, et seq.] (Against Defendants County, Bryan, and DOES 1 through 10, inclusive.) 176. Plaintiff alleges this fourth and separate claim for violations of 29 U.S.C. §§

19 2601, et seq. against Defendants County, Bryan, and DOES 1 through 10, inclusive, and each of 20 them. 21 177. 22 1 through 157 above, inclusive. 23 178. 24 2611(4)(A)(ii)(I) imposed liability on covered employers and “any person who acts directly or 25 indirectly in the interest of the employer to any of the employees of such employer” for 26 interfering, restraining, or denying the exercise of, or attempt to exercise, any right provided 27 under FMLA pursuant to 29 U.S.C. § 2615(a), which prohibits any interference with (1) an 28 employee’s exercise of rights, and/or (2) discrimination against any individual for opposing any At all material times herein, FMLA was in effect and pursuant to 29 U.S.C. § Plaintiff incorporates by reference herein the allegations contained in Paragraphs

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practice made unlawful under FMLA . 179. Defendants, and each of them, interfered, restrained, or denied the exercise of, or

attempt to exercise, Plaintiff’s rights under FMLA, and discriminated against him for opposing practices made unlawful under FMLA. 180. Defendants’ interference, restraint, or denial of the exercise of, or attempt to

exercise Plaintiff’s rights under FMLA, and discrimination against Plantiff for opposing practices made unlawful under FMLA, included interference with and denial of Plaintiff’s right to a medically necessary reduced work schedule; requiring Plaintiff to take full-time medical leave when he was ready, willing, and able to work part-time, exhausting his medical leave more rapidly than permitted; Defendants’ excessive reduction in Plaintiff’s salary; Defendants’ placement of Plaintiff on administrative leave, denying him the opportunity to earn professional fees, bonuses and promotion; and Defendants’ decision not to renew Plaintiff’s employment contract. 181. Plaintiff’s request for and taking of medical leave under FMLA and/or opposition

to practices made unlawful under FMLA was a negative factor in Defendants’ adverse treatment of Plaintiff. WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. FIFTH CLAIM [Violation of CFRA Rights in violation of Gov’t Code §§ 12945.1, et seq.] (Against Defendants County and DOES 1 through 10, inclusive.) 182. Plaintiff alleges this fifth and separate claim for violations of Government Code

21 §§ 12945.1, et seq., against Defendants County and DOES 1 through 10, inclusive, and each of 22 them. 23 183. 24 1 through 157 above, inclusive. 25 184. 26 employment practice for an employer to violate an employee’s rights under the CFRA pursuant 27 to section 12945.2(a) of the Government Code. 28 185. At all material times herein, the CFRA imposed strict liability on covered At all material times herein, the CFRA was in effect and made it an unlawful Plaintiff incorporates by reference herein the allegations contained in Paragraphs

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employers who discriminated against an employee for exercising his right to leave or otherwise interfered with an eligible employee’s CFRA rights pursuant to 2 C.C.R. § 7297.1 and Section 1615(a)(2) of the United States Code. 186. Defendants, and each of them, discriminated against Plaintiff and otherwise

interfered with his CFRA rights because he exercised, or tried to exercise, his CFRA rights, including interference with and denial of Plaintiff’s right to a medically necessary reduced work schedule; requiring Plaintiff to take full-time medical leave when he was ready, willing, and able to work part-time which exhausted his medical leave more rapidly than permitted; and Defendants’ demotion of Plaintiff and excessive reduction in Plaintiff’s salary. 187. Plaintiff’s exercise of, or attempt to exercise, his CFRA rights was a motivating

reason for Defendants’ adverse treatment of him. WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. SIXTH CLAIM [Disability Discrimination in Violation of Gov’t Code § 12940(a)] (Against Defendants County and DOES 1 through 10, inclusive) 188. Plaintiff alleges this sixth and separate claim for Disability Discrimination in

16 violation of Government Code § 12940(a) against Defendant County and DOES 1 through 10, 17 inclusive. 18 189. 19 1 through 157 above, inclusive. 20 190. 21 191. 22 benefit of employment, in whole or in part, because he is an individual with known disabilities in 23 violation of Government Code 12940(a) and 2 C.C.R. §7293.7. 24 192. 25 discriminated against Plaintiff, denied him reasonable accommodation, and refused to engage in 26 good faith in an interactive process because of his known disabilities. 27 WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. 28 In addition to the adverse actions alleged above, Defendants, and each of them, Defendants, and each of them, through their course of conduct denied Plaintiff a The FEHA prohibits discrimination on the basis of disability in employment. Plaintiff incorporates by reference herein the allegations contained in Paragraphs

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SEVENTH CLAIM (Failure to Provide Reasonable Accommodation in Violation of Gov’t Code § 12940(m)) (Against Defendants County and DOES 1 through 10, inclusive) Plaintiff alleges this seventh and separate claim for Failure to Provide Reasonable

Accommodation in violation of Government Code § 12940(m) against Defendant County and DOES 1 through 10, inclusive. 194. Plaintiff incorporates by reference herein the allegations contained in Paragraphs

1 through 157 above, inclusive. 195. Defendants, and each of them, failed to provide reasonable accommodation of

Plaintiff’s known disabilities in violation of Section 12904(m) of the Government Code and 2 C.C.R. § 7293.9. WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. EIGHTH CLAIM (Failure to Engage In Interactive Consultation In Violation of Gov’t Code § 12940(n)) (Against Defendants County and DOES 1 through 10, inclusive) 196. Plaintiff alleges this Eighth and separate claim for Failure to Engage in Good

Faith in an Interactive Consultation in violation of Government Code § 12940(n) against Defendant County and DOES 1 through 10, inclusive. 197. Plaintiff incorporates by reference herein the allegations contained in Paragraphs

1 through 157 above, inclusive. 198. Defendants, and each of them, failed to engage in good faith in a prompt,

ongoing, interactive consultation regarding reasonable accommodation of Plaintiff’s disabilities in violation of Section 12940(n) of the Government Code. WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. NINTH CLAIM (Violation of Due Process Right under 42 U.S.C. § 1983) (Against Defendants County of Kern; Harris; and Bryan both in his personal capacity and in his official capacity as a member of the JCC of KMC) 199. Plaintiff alleges this Ninth and separate claim for violation of Plaintiff’s

Fourteenth Amendment of the United States Constitution Right of Procedural Due Process under

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42 U.S.C. § 1983 against Defendants County of Kern; Harris; Bryan both in his personal capacity and in his official capacity as a member of the JCC of KMC. 200. Plaintiff incorporates by reference herein the allegations contained in Paragraphs

1 through 157 above, inclusive. 201. The Fourteenth Amendment of the United States Constitution protects a public

employee’s right of procedural due process regarding governmental actions that deprive him of life, liberty, or property interest of constitutional magnitude. 202. At all material times herein, Plaintiff had a constitutionally protectable contractual

property right not to be deprived without cause of his position as Chair of Pathology and/or of any portion of his base salary of constitutional magnitude as provided for in the Second Contract. 203. At all material times herein, Plaintiff had a constitutionally protectable contractual

property right not to be deprived without cause of the opportunity to earn professional fees of constitutional magnitude as provided for in the Second Contract. 204. At all material times herein, Plaintiff had a constitutionally protectable contractual

right not to be deprived without cause of continued renewal of his employment contract with Defendant County of constitutional magnitude pursuant to a mutually explicit understanding that Plaintiff would be continuously employed by Defendant County absent for cause. 205. Defendants, and each of them, intentionally, or with deliberate indifference to, or

with a conscious disregard of, Plaintiff’s Constitutional rights, denied Plaintiff adequate procedural due process guaranteed by the Fourteenth Amendment of the United States Constitution when they decided to demote Plaintiff and substantially and excessively reduced his salary by a sum of constitutional magnitude in breach of the Second Contract; to place Plaintiff on administrative leave denying him the right to earn professional fees of constitutional magnitude; and not to renew his employment contract inflicting economic losses of constitutional magnitude. 206. The persons who voted to remove Plaintiff from chairmanship, who decided to

place Plaintiff on administrative leave, and/or who decided not to renew Plaintiff’s employment contract were not impartial adjudicators. Defendants willfully and maliciously refused to give

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Plaintiff notice of the JCC removal vote, of the meetings to decide whether to place Plaintiff on administrative leave, and of the JCC meetings to decide whether to renew Plaintiff’s employment contract. Defendants further willfully and maliciously denied Plaintiff a meaningful opportunity to know or respond to the charges and allegations against him or to tell his side of the story. 207. Defendants and each of them, were acting or purporting to act under color of law

in the performance of their official duties, including as members of the JCC, when engaging in the acts and omissions alleged herein. 208. Plaintiff’s right to due process in connection with his removal from chairmanship

and reduction of his contractually-provided for base annual compensation, and/or his placement on administrative leave denying him the right to earn professional fees, and non-renewal of his employment contract, was clearly established. 209. Defendants and each of them relied on the Bylaws of Kern Medical Center –

which had been ratified and approved by the Board of Supervisors for the County of Kern – in determining that Plaintiff was not entitled to due process, and therefore denying him such due process, in connection with his removal from chairmanship and reduction of his contractuallyprovided for base annual compensation, his placement on administrative leave denying him the right to earn professional fees, and non-renewal of his employment contract. 210. The conduct of Defendants, and each of them, deprived Plaintiff of his

constitutionally protectable interests without adequate due process in violation of Plaintiff’s 14th Amendment right of procedural due process. 211. harmed. 212. Defendants’ denial of Plaintiff’s procedural due process right was a substantial As a legal result of the conduct of Defendants, and each of them, Plaintiff was

factor in causing Plaintiff’s harm. WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. TENTH CLAIM (FMLA Retaliation in Violation of 29 U.S.C. § 2615(b)) (Against Defendants County and DOES 1 through 10, and Each of Them) 213. Plaintiff alleges this Tenth and separate claim for FMLA Retaliation in violation

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of 29 U.S.C. § 2615(b)) against Defendants County, and DOES 1 through 10, inclusive, and each of them. 214. Plaintiff incorporates by reference herein the allegations contained in Paragraphs

1 through 157 above, inclusive. 215. At all material times herein, FMLA was in effect and pursuant to 29 U.S.C. §

2611(4)(A)(ii)(I) imposed liability on covered employers and “any person who acts directly or indirectly in the interest of the employer to any of the employees of such employer” for interfering, restraining, or denying the exercise of, or attempt to exercise, any right provided under FMLA pursuant to 29 U.S.C. § 2615(b)(1), which prohibits any discrimination against an individual because such individual has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to FMLA.. 216. Plaintiff opposed employment practices made unlawful by FMLA by filing this

lawsuit, which included claims brought under the FEHA. 217. Defendants, and each of them, discriminated against Plaintiff because he filed this

lawsuit herein, which included claims brought under the FMLA. 218. Defendants, and each of them, engaged in discriminatory conduct that, taken

separately and/or as a whole, materially and adversely affected the terms and conditions of Plaintiff’s employment, including deciding not to renew Plaintiff’s employment contract. 219. Plaintiff’s filing of this lawsuit herein, which included claims brought under

FMLA, was a negative factor in Defendants’ adverse treatment of Plaintiff. WHEREFORE Plaintiff prays for relief as stated in pertinent part hereinafter. ELEVENTH CLAIM (FEHA Retaliation in Violation of Gov’t Code § 12940(h)) (Against Defendants County and DOES 1 through 10 inclusive) 220. Plaintiff alleges this Eleventh and separate claim for FEHA retaliation in violation

25 of Gov’t Code § 12940(h) against Defendant County and DOES 1 through 10, inclusive. 26 221. 27 1 through 157 above, inclusive. 28 222. Plaintiff opposed employment practices made unlawful by the FEHA by filing a Plaintiff incorporates by reference herein the allegations contained in Paragraphs

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charge with the DFEH and filing this lawsuit, which included claims brought under the FEHA. 223. Defendants, and each of them, engaged in discriminatory conduct that, taken

separately and/or as a whole, materially and adversely affected the terms and conditions of Plaintiff’s employment, including excessively reducing Plaintiff’s salary and chance to earn professional fees, bonuses and promotion, close scrutiny, and not renewing Plaintiff’s employment contract. 224. Plaintiff’s opposition to employment practices made unlawful by the FHEA was a

motivating reason for Defendants’ adverse treatment of Plaintiff. WHEREFORE Plaintiff prays for relief as stated herein and in pertinent part hereinafter.

PRAYER FOR RELIEF Plaintiff prays for judgment against Defendants, and each of them, jointly and severally, as follows: 1. Front pay in lieu of reinstatement and reimbursement for lost wages and work benefits caused by the acts of his employer pursuant to Section 1278.5(g) of the Health & Safety Code and Section 12965 of the Government Code. 2. Recovery of all reasonable attorneys’ fees, litigation expenses and costs incurred, pursuant to Section 2699 of the Labor Code for violation of Section 1102.5 of the Labor Code, 1278.5(g) of the Health & Safety Code, Section 1021.5 of the Code of Civil Procedure, Section 12965 of the Government Code, 29 U.S.C. § 2617(a)(3) [FMLA], and 42 U.S.C. § 1988. 3. That Defendant County be enjoined from retaliating against whistleblowers in violation of Section 1278.5 of the Health & Safety Code and Section 1102.5 of the Labor Code. 4. That Defendant County be required to expunge from Plaintiff’s personnel records any and all references to Plaintiff’s having “poor relationships” with staff, displaying poor

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teamwork or other words of similar effect. 5. That Defendant County be required to comply with all of the provisions of the FEHA relating to providing reasonable accommodation and engaging in good faith in an interactive consultation regarding reasonable accommodation [Government Code §§ 12940 (m) & (n)]. 6. That Defendant County be required to provide training to the managerial staff at KMC regarding compliance with Section 1278.5 of the Health & Safety Code, Section 1102.5 of the Labor Code, Sections 12940(m) and (n) of the Government Code, and CFRA (Government Code §§ 12945.1, et seq.). 7. General and compensatory damages according to proof. 8. Liquidated damages under FMLA/CFRA according to proof. 9. Punitive damages against Defendants Harris and Bryan pursuant to §3294 Civil Code and 42 U.S.C. § 1983; 10. Pre-judgment interest pursuant to §3291 of the Civil Code. 11. For such other and further relief as the court may deem proper.

Dated: October 7, 2008

LAW OFFICE OF EUGENE LEE

/S/ By: ___________________________________ Eugene D. Lee Attorney for Plaintiff DAVID F. JADWIN, D.O.

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DEMAND FOR JURY TRIAL Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff hereby demands

3 trial by jury for all issues and claims triable as of right by a jury. 4 Dated: October 7, 2008 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /S/ By: ___________________________________ Eugene D. Lee Attorney for Plaintiff DAVID F. JADWIN, D.O. LAW OFFICE OF EUGENE LEE

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Eugene Lee, SBN 178988 LAW OFFICE OF EUGENE LEE 555 West Fifth St, Suite 3100 Los Angeles, CA 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: elee@LOEL.com Attorney for Plaintiff David F. Jadwin, D.O. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DAVID F. JADWIN, D.O. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 vs. COUNTY OF KERN, et al Defendants. Plaintiff

Civil Action No. 1:07-cv-00026 OWWTAG Exhibits to Second Amended Complaint Complaint Filed: January 5, 2007 Trial Date: March 24, 2009.

LIST OF EXHIBITS 1. Second employment contract dated 10/5/02. 2. Tort Claims Act complaint dated 7/3/06. 3. Letter from the Office of the County Counsel for the County of Kern to Plaintiff’s counsel dated 9/15/06 4. California Department of Fair Employment and Housing Complaint dated 8/3/06 & Amended Complaint dated 11/14/06. 5. Notice of Intent to Sue from Plaintiff to the California Labor and Workforce Development Agency dated 1/5/07. Dated: October 7, 2008. By: ___________________________________ Eugene Lee Attorney for Plaintiff

JADWIN V. KERN COUNTY: EXHIBITS TO SECOND AMENDED COMPLAINT

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EXHIBIT 1 Second employment contract dated 10/5/02

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AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES CONTRACT EMPLOYEE CONTRACT EMPLOYEE (County of Kern David F. Jadwin, D.O.) (County of Kern - David F. Jadwin, D.O.)

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This Agreement is made and entered into this I Z - " day of d a v g ~ a , 2002, ~ This Agreement is made and entered into this f:"-{ C ~ day of N~-JGA16llt. ,c2002, between the County of Kern, a political subdivision of the State of California (hereinafter between the County of Kern, a political subdivision of the State of California (hereinafter "County"), which owns and operates Kern Medical Center (hereinafter "KMC"), and "County"), which owns and operates Kern Medical Center (hereinafter "KMC"), and David F. Jadwin. D.O. (hereinafter "Core Physician"),a contract employee. David F. Jadwin, D.O. (hereinafter "Core Physician"), a contract employee.

RECITALS RECITALS

WHEREAS: WHEREAS:
County is authorized, pursuant to Government Code section 31000, to A, County is authorized, pursuant to Government Code section 31000, to A. contract with specially trained persons, and further authorizes the payment of contract with specially trained persons, and further authorizes the payment of compensation for the services rendered; and compensation for the services rendered; and County requires assistance in the performance of professional medical B. County requires assistance in the pertormance of professional medical B. services at KMC as such services are unavailable from County resources; and at KMC as such services are unavailable from County resources; and services

Core Physician has special training, knowledge and experience and is C. Core Physician has special training, knowledge and experience and is C. licensed by the State of California to practice medicine and is qualified to render by the State of California to practice medicine and is qualified to render licensed
medical services. medical services.
NOW, THEREFORE, it is agreed between County and Core Physician as NOW, THEREFORE, it is agreed between County and Core Physician as follows: follows:

TERM AND CONDITIONS TERM AND CONDITIONS
1. 1.

Article I. Article I.

TERM TERM

The existing Agreement for Professional Services between County and Core The existing Agreement for Professional Services between County and Core Physician (Kern County Agt. #1012-2000, dated October 24, 2000) is terminated Physician (Kern County Agt. #1012-2000, dated October 24,2000) is terminated effective October 5,2002. effective October 5,2002.
This Agreement shall be effective on October 5, 2002, and shall remain in effect This Agreement shall be effective on October 5, 2002, and shall remain in effect through October 4, 2007. through October 4,2007.

2. 2.

SERVICES SERVICES
Core Physician shall render services as set forth in Exhibit "A," which is attached Core Physician shall render services as set forth in Exhibit "A," which is attached andmade a part of this Agreement. and made a part of this Agreement.
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Article II. Article II. COMPENSATION COMPENSATION 1. 1.

SALARY (BASE) SALARY (BASE)

Core Physician shall be entitled to the following base compensation (as defined Core Physician shall be entitled to the following base compensation (as defined in Article II, Section 3): in Article II, Section 3):
A. Core Physician will work full-time (i.e., according to AMA survey data for A. Core Physician will work full-time (i.e., according to AMA survey data for specialty but no less than forty [40] hours per week) and will be compensated specialty but no less than forty 1401 hours per week) and will be compensated with cash and other value as follows: Core Physician will be paid Eleven with cash and other value as follows: Core Physician will be paid Eleven Thousand Twenty-One Dollars and Eight Cents ($11.021-08)biweekly not to Thousand Twenty-One Dollars and Eight Cents ($11,021.08) biweekly not to exceed Two Hundred Eighty-Seven Thousand Five Hundred Twenty-Nine exceed Two Hundred Eighty-Seven Thousand Five Hundred Twenty-Nine Dollars ($287,529) annually. The maximum payable under this Agreement shall Dollars ($287,529) annually. The maximum payable under this Agreement shall not exceed One Million Four Hundred Thirty-Seven Thousand Six Hundred Fortynot exceed One Million Four Hundred Thirty-Seven Thousand Six Hundred FortyFive Dollars ($1,437,645) per the five-year term of the Agreement. County will Five Dollars ($1,437,645) per the five-year term of the Agreement. County will withhold, from said daily compensation of Core Physician, all applicable federal, withhold, from said daily compensation of Core Physician, all applicable federal, state and local payroll taxes. County will pay the Employel's portion of the state and local payroll taxes. County will pay the Employer's portion of the hospital insurance portion of Social Security ("FICA 2"). hospital insurance portion of Social Security ("FICA 2").

B. Core Physician will be paid biweekly on the same schedule as regular fullCore Physician will be paid biweekly on the same schedule as regular fullB. timeCounty employees. The exact date of said biweekly payments will be at the County employees. The exact date of said biweekly payments will be at the time sole discretion of County, as is reasonable and convenient for County. sale discretion of County. as is reasonable and convenient for County.
C. No adjustment in compensation will be effective without a written C. No adjustment in compensation will be effective without a written amendmentto this Agreement. amendment to this Agreement.

2. 2.

OVERALL COMPENSATION STRUCTURE OVERALL COMPENSAnON STRUCTURE
A. The purpose of this compensation plan is to provide market-based, A. The purpose of this compensation plan is to provide market-based. performance-drivencompensation that recognizes a Core Physician's efforts and performance-driven compensation that recognizes a Core Physician's efforts and contributions toward promoting the mission and values of KMC. Core Physicians contributions toward promoting the mission and values of KMC. Core Physicians willbe identified as such in their contracts with KMC. will be identified as such in their contracts with KMC.

B. Total compensation for Core Physicians will be composed of a base salary Total compensation for Core Physicians will be composed of a base salary B. paid by the County, professional fee payments from third-party payors, and by the County, professional fee payments from third-party payors, and paid potential other income generated due to the individual's status as a physician. potential other income generated due to the individual's status as a physician. These three sources of income shall be referred to in this Agreement as total These three sources of income shall be referred to in this Agreement as total Core Physician compensation. The structure for determining total Core The structure for determining total Core Core Physician compensation. Physician compensation shall be referred to in this Agreement as the compensation shall be referred to in this Agreement as the Physician compensation plan. compensation plan.

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C. A Kern County clearing account and a KMC compensation budget unit will C. A Kern County clearing account and a KMC compensation budget unit will be established to account for all funds generated and received to pay total Core be established to account for all funds generated and received to pay total Core Physician compensation and to pay all expenses associated with this Physician compensation and to pay all expenses associated with this compensation plan. These will act as trust accounts and will be solely used for compensation plan. These will act as trust accounts and will be solely used for this purpose. this purpose. D. A Plan Administrator will be retained by KMC to administer this D. A Plan Administrator will be retained by KMC to administer this compensation plan and will report to the Faculty Practice Board. compensation plan and will report to the Faculty Practice Board.

E. E. A Board of Directors will be established to oversee the compensation plan A Board of Directors will be established to oversee the compensation plan and the Plan Administrator of the compensation plan. This Board of Directors and the Plan Administrator of the compensation plan. This Board of Directors shall be referred to in this Agreement as the Faculty Practice Board. The Faculty shall be referred to in this Agreement as the Faculty Practice Board. The Faculty Practice Board will establish bylaws including powers, duties and responsibilities Practice Board will establish bylaws including powers,duties and responsibilities to be approved both by a simple majority of the Faculty Practice Board and the to be approved both by a simple majority of the Faculty Practice Board and the CEO ofKMC. CEO of KMC.
F. An assessment for administrative expenses shall be made on total Core F. An assessment for administrative expenses shall be made on total Core Physician compensation to support the administrative expenses of the Physician compensation to support the administrative expenses of the compensation plan. compensation plan.
(1) The amount or percentage of the assessment shall be determined (I) The amount or percentage of the assessment shall be determined annually by the Faculty Practice Board. annually by the Faculty Practice Board.

Administrative expenses shall include the salary and benefits for (2) (2) Administrative expenses shall include the salary and benefits for the Plan Administrator and any staff hired by KMC to support the Plan the Plan Administrator and any staff hired by KMC to support the Plan Administrator, expenses of the Kern County Pension Plan for Physician Administrator, expenses of the Kern County Pension Plan for Physician Employees, and other business expenses as determined by the Plan Employees, and other business expenses as determined by the Plan Administrator and the Faculty Practice Board. Administrator and the Faculty Practice Board.

The amount or percentage of the assessment shall not exceed one (3) (3) The amount or percentage of the assessment shall not exceed one percent of Core Physician's total compensation (as defined in Article II, percent of Core Physician's total compensation (as defined in Article II, Section 2, paragraph 6) during the first two years of this Agreement. Section 2, paragraph B) during the first two years of this Agreement.
County will cover all professional services rendered by Core Physicians at G. County will cover all professional services rendered by Core Physicians at G. KMC and at sites designated by the CEO and Plan Administrator under County's KMC and at sites designated by the CEO and Plan Administrator under County's liability and malpractice coverage program. Such liability and malpractice liability and malpractice coverage program. Such liability and malpractice coverage program shall not extend to any conduct, actions or activities, which do coverage program snail not extend to any conduct, actions or activities, which do not arise directly from the performance of this Agreement. As a matter of law, not arise directly from the performance of this Agreement. As a matter of law, County shall defend and indemnify Core(Physicianto the same extent as would County shall defend and indemnify Core'Physician to the same extent as would be afforded to a regular full-time County employee. be afforded to a regular full-time County employee.

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3. 3.

BASE SALARY (ITEMS INCLUDED AND METHOD OF PAYMENT) BASE SALARY (ITEMS INCLUDED AND METHOD OF PAYMENT)

A. Base salary is compensation paid to. Core Physician by the County for: (1) A. Base salary is compensation paid to. Core Physician by the County for: (1) patient care for Medically Indigent Adults (MIA), as defined by California Welfare patient care for Medically Indigent Adults (MIA), as defined by California Welfare and Institutions Code section 17000 et seq., and adults and juveniles and Institutions Code section 17000 et seq., and adults and juveniles incarcerated and detained in County facilities; (2) as a safety-net provider. partial incarcerated and detained in County facilities; (2) as a safety-net provider. partial compensation for under-compensated and uninsured patients; (3) teaching; (4) compensation for under-compensated and uninsured patients; (3) teaching; (4) administrative duties; and (5) other activities approved by the CEO of KMC and administrative duties; and (5) other activities approved by the CEO of KMC and the Faculty Practice Board. County shall fund the clearing account unit biweekly the Faculty Practice Board. County shall fund the clearing account unit biweekly with an amount equal to Core Physician's biweekly base salary. The base with an amount equal to Core Physician's biweekly base salary. The base salary, less the assessment for administrative expenses, will be reported as salary, less the assessment for administrative expenses, will be reported as wages and subject to all appropriate federal and state taxes. The base salary wages and subject to all appropriate federal and state taxes. The base salary will be considered the minimum compensation that a Core Physician shall will be considered the minimum compensation that a Core Physician shall receive under this compensation plan. receive under this compensation plan.
The base salary will be based on a benchmark salary in proportion to the B. The base salary will be based on a benchmark salary in proportion to the B. Core Physician's full-effort commitment. Core Physician's full-effort commitment.

The structure of benchmark salaries is based upon a national (1) (1) The structure of benchmark salaries is based upon a national standard with four salary steps: "An, "B", "C"and "D."There .are three standard with four salary steps: "A", "B", 41e" and "0." There are three criteria for step placement: level of clinical senrice, teaching, and criteria for step placement: level of clinical service, teaching, and administrative duties. This benchmark salary structure and criteria for administrative duties. This benchmark salary structure and criteria for step placement are set forth in the KMC Faculty Practice Administrative step placement are set forth in the KMC Faculty Practice Administrative Policies and Procedures Manual. Policies and Procedures Manual. The Faculty Practice Board shall establish the criteria for measuring (2) (2) The Faculty Practice Board shall establish the criteria for measuring the full-effort commitment. The Department Chairs. with approval of the full-effort commitment. The Department Chairs, with approval of the the Faculty Practice Board, will establish the expected levels of the criteria to Faculty Practice Board, will establish the expected levels of the criteria to meet a full-effort commitment. The criteria for measurement of full-effort meet a full-effort commitment. The criteria for measurement of full-effort commitment is set forth in the KMC Faculty Practice Administrative commitment is set forth in the KMC Faculty Practice Administrative Policies and Procedures Manual. Policies and Procedures Manual. Research shall not be considered as part of a Core Physician's full(3) (3) Research shall not be considered as part of a Core Physician's fulleffort commitment. Research activity will be compensated as set forth in effort commitment. Research activity will be compensated as set forth in theKMC Faculty Practice Administrative Policies and Procedures Manual. the KMC Faculty Practice Administrative Policies and Procedures Manual.

4. 4.

PROFESSIONAL FEES PROFESSIONAL FEES

Professional fees include all professional fee collections or payments associated Professional fees include all professional fee collections or payments associated with direct patient care by Core Physician. This shall be referred to in this with direct patient care by Core Physician. This shall be referred to in this Agreement as professional fees. Core Physician, or in cases where Core Agreement as professional fees. Core Physician, or in cases where Core Physician is part of a practice group entering into an agreement for services with Physician is part of a practice group entering into an agreement for services with the County, Core Physician's practice group, is responsible for billing and the County, Core Physician's practice group, is responsible for billing and
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collecting all professional fees for Core Physician's services. Each Core collecting all professional fees for Core Physician's services. Each Core Physician or practice group will have a separate tax identification number, Physician or practice group will have a separate tax identification number. Professional fees shall be collected and dispersed as follows: Professional fees shall be collected and dispersed as follows:
A. Professional fee billing by Core Physician or his or her practice group shall A. Professional fee billing by Core Physician or his or her practice group shall be made by a billing service company, approved in advance by the Faculty be made by a billing service company, approved in advance by the Faculty Practice Board, and based upon minimum performance standards set by the Practice Board, and based upon minimum performance standards set by the Faculty Practice Board. All professional fees collected by the billing service for Faculty Practice Board. All professional fees collected by the billing service for Core Physician (i-e., gross professional fees collected) shall be paid to the Core Physician (Le., gross professional fees collected) shall be paid to the clearing account. The billing service will maintain individual and practice group clearing account. The billing service will maintain individual and practice group records on professional fee billing and collections and will account for such to the records on professional fee billing and collections and will account for such to the Plan Administrator. Plan Administrator. 0. The assessment for administrative expenses will be deducted from gross B. The assessment for administrative expenses will be deducted from gross professional fees collected. professional fees collected.

C. Overhead and expenses for a practice group or a Core Physician who is a Overhead and expenses for a practice group or a Core Physician who is a C. sole practitioner, as determined by an overhead distribution formula established sole practitioner, as determined by an overhead distribution formula established by the Plan Administrator and the Faculty Practice Board, will be deducted from by the Plan Administrator and the Faculty Practice Board, will be deducted from the gross professional fees collected and returned to the practice group or Core the gross professional fees collected and returned to the practice group or Core Physician who is a sole practitioner. Physician who is a sale practitioner.
D. Each Department within KMC, at its option, may establish a Departmental D. Each Department within KMC, at its option, may establish a Departmental Pool in which a percentage of the remaining gross professional fees collected will Pool in which a percentage of the remaining gross professional fees collected will be distributed to all Core Physicians within that Department based upon specific be distributed to all Core Physicians within that Department based upon specific criteria approved by the Faculty Practice Board. criteria approved by the Faculty Practice Board.
E. Gmss professional fees collected, less the assessment for administrative E. Gross professional fees collected, less the assessment for administrative expenses, overhead, and an optional Departmental pool (i.e., net professional expenses, overhead, and an optional Departmental pool (i.e., net professional fees collected) will be paid monthly as wages and will be subject to all fees collected) will be paid monthly as wages and will be subject to all appropriate federal and state taxes; however, practice groups (consistent with appropriate federal and state taxes; however, practice groups (consistent with their practice group agreements with the County), Core PhYSicians who are sale their practice group agreements with the County), Core Physicians who are sole practitioners, or Core Physicians not associated with a practice group may direct practitioners, or Core Physicians not associated with a practice group may direct the Plan Administrator as to the distribution of net professional fees collected, the Plan Administrator as to the distribution of net professional fees collected, subject to review by the Faculty Practice Board. subject to review by the Faculty Practice Board.
5. 5.

OTHER INCOME OTHER INCOME
Other income is income generated due to the individual's status as a A. A. Other income is income generated due to the individual's status as a physician, which includes, but is not limited to, royalties, grants, speaker fees, physician, which includes, but is not limited to. royalties, grants, speaker fees. professional witness fees, and other nonprofessional fees. professional witness fees, and other nonprofessional fees.

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All other income will be paid to the Core Physician in accordance with B. 13. All other income will be paid to the Core Physician in accordance with instructionsprovided the clearing account by Core Physician or Core Physician's instructions provided the clearing account by Core Physician or Core Physician's practice group. Expenses properly incurred by the Core Physician in generating practice group. Expenses properly incurred by the Core Physician in generating other income will be reimbursed to the Core Physician prior to the balance being other income will be reimbursed to the Core Physician prior to the balance being channeled through the clearing account. This remainder, less assessment for channeled through the clearing account. This remainder, less assessment for administrative expenses, will be paid monthly to Core Physician as wages. Other administrative expenses, will be paid monthly to Core Physician as wages. Other income shall be reported as wages and subject to all appropriate federal and income shall be reported as wages and subject to all appropriate federal and state taxes. state taxes.
C. C. Income generated by aaCore Physician that is deposited to the Community Income generated by Core Physician that is deposited to the Community Medical Education and Research Foundation ("CMERF") for department Medical Education and Research Foundation ("CMERF") for department educational use shall not be included as other income and shall not be subject to educational use shall not be included as other income and shall not be subject to the assessment for administrative expenses. the assessment for administrative expenses.

6. 6.

PRACTICE GROUPS PRACTICE GROUPS

A. A. All practice groups will contract with KMC for the provision of community All practice groups will contract with KMC for the provision of community clinic services, which shall be integrated into the KMC teaching program. The clinic services, which shall be integrated into the KMC teaching program. The contract between each practice group and KMC will define the responsibilities contract between each practice group and KMC will define the responsibilities and funds flow, including professional fee distribution, between each and funds flow, including professional fee distribution, between each organization. organization.
B. Practice group overhead and business-related expenses will be paid by B. Practice group overhead and business-related expenses will be paid by the practice group in accordance with predetermined instructions. Practice the practice group in accordance with predetermined instructions. Practice groups will determine the policy for expense limits and reimbursable items. groups will determine the policy for expense limits and reimbursable items. County is not responsible for the amount of group overhead and business-related County is not responsible for the amount of group overhead and business-related expenses claimed. expenses claimed.

7. 7.

SOLE PRACTITIONERS SOLE PRACTITIONERS
A. Sole practitioners are Core Physicians who are sole proprietors or have A. Sole practitioners are Core Physicians who are sole proprietors or have their own professional corporation. Core Physicians who are sole practitioners their own professional corporation. Core Physicians who are sole practitioners will be responsible for the cost of professional fee billing as negotiated by the will be responsible for the cost of professional fee billing as negotiated by the Core Physician with the billing service company. Sole practitioner overhead and Core Physician with the billing service company. Sole practitioner overhead and business-related expenses will be paid by the sale practitioner. business-related expenses will be paid by the sole practitioner. Sole Sole practitioners will determine the policy for expense limits and reimbursable items. practitioners will determine the policy for expense limits and reimbursable items. County is not responsible for the amount of overhead and business-related County is not responsible for the amount of overhead and business-related expenses claimed. expenses claimed. B. Any other overhead amount for use of space, supplies and personnel at B, Any other overhead amount for use of space, supplies and personnel at KMC-owned or -contracted sites will be negotiated with the CEO of KMC. KMC-owned or -contracted sites will be negotiated with the CEO of KMC.

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8. 8.

OTHER CORE PHYSICIANS OTHER CORE PHYSICIANS

Core Physicians who are not part of a practice group and who are not sole Core Physicians who are not part of a practice group and who are not sole practitioners and who practice exclusively at KMC-owned or -contracted sites will practitioners and who practice exclusively at KMC-owned or -contracted sites will be responsible for the cost of professional fee billing as negotiated by the Core be responsible for the cost of professional fee billing as negotiated by the Core Physician with the billing service company. Physician with the billing service company.
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9, 9.

DEPARTMENTAL POOL DEPARTMENTAL POOL Each Department of KMC, by simple majority of Core Physicians within that Each Department of KMC. by simple majority of Core Physicians within that Department, may opt on a yearly basis to participate in a departmental pool. The Department, may opt on a yearly basis to participate in a departmental pool. The departmental pool is a group incentive pool funded by net professional fees from departmental pool is a group incentive pool funded by net professional fees from a participating DepartmentJo reward Core Physicians within that Department a participating Department .to reward Core Physicians within that Department for activities not recognized by other parts of this compensation plan. Each activities not recognized by other parts of this compensation plan. Each Department participating in a pool will establish criteria with the approval of the Department participating in a pool will establish criteria with the approval of the Faculty Practice Board for pool distribution. The percentage of net professional FaCUlty Practice Board for pool distribution. The percentage of net professional fees to be allocated to the departmental pool will be determined on a yearly basis fees to be allocated to the departmental pool will be determined on a yearly basis by the Department with the approval of the Faculty Practice Board. The by the Department with the approval of the Faculty Practice Board. The departmental pool will be distributed quarterly as wages and will be subject to all departmental pool will be distributed quarterly as wages and will be subject to all appropriate federal and state taxes. appropriate federal and state taxes.
Article Ill. Article III. BENEFITS BENEFITS

1. 1.

EFFECTIVE DATE OF BENEFITS EFFECTIVE DATE OF BENEFITS
The date of employment for the purpose of receiving and accruing benefits listed The date of employment for the purpose of receiving and accruing benefits listed in this Article III shall not be affected by the date of this Agreement. but shall be in this Article Ill shall not be affected by the date of this Agreement, but shall be the date the Core Physician was first continuously employed by KMC. the date the Core Physician was first continuously employed by KMC.

2. 2.

HEALTH INSURANCE HEALTH INSURANCE

County shall provide to Core Physician and eligible dependents medical, dental County shall provide to Core Physician and eligible dependents medical, dental and vision insurance as provided to other regular County employees of KMC. and vision insurance as provided to other regular County employees of KMC. Core Physicians first hired by the County of Kern after April 15, 1997 must pay Core Physicians first hired by the County of Kern after April 15. 1997 must pay twenty (20) percent of the cost of their health benefits. County may change the twenty (20) percent of the cost of their health benefits. County may change the benefits provided under this insurance as such benefits shall change for other benefits provided under this insurance as such benefits shall change for other Countyemployees of KMC. Any such change by County shall not be a breach of County employees of KMC. Any such change by County shall not be breach this Agreement. this Agreement.
3. 3.
PAID LEAVE OF ABSENCE PAID LEAVE OF ABSENCE Core Physician will receive paid leave for holidays, vacation, sick leave and Core Physician will receive paid leave for holidays, vacation, sick leave and educational leave. educational leave.
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A. A.

Holidays: Holidavs:

Core Physician shall be entitled to such holidays as provided to full-time County Core Physician shall be entitled to such holidays as provided to full-time County employees of KMC. County may change the holidays provided under this section employees of KMC. County may change the holidays provided under this section as such holidays change for other County employees of KMC. Any such change as such holidays change for other County employees of KMC. Any such change by County shall not be a breach of this Agreement. by County shall not be a breach of this Agreement.

6. B.

Vacation: Vacation:

For each pay period of service. Core Physician shall be credited with a vacation For each pay period of service, Core Physician shall be credited with a vacation. entitlement of 6.15 hours, for a maximum accrual of 160 hours per year. Total entitlement of 6.15 hours, for a maximum accrual of 160 hours per year. Total unused vacation accumulated shall not exceed a maximum of 320 hours. No unused vacation accumulated shall not exceed a maximum of 320 hours. No further vacation entitlement shall be credited so long as Core Physician has the further vacation entitlement shall be credited so long as Core Physician has the maximum hours credited. If Core Physician is presently employed by the County maximum hours credited. If Core Physician is presently employed by the County of Kern, accrued vacation entitlement shall be credited to a maximum 320 of Kern, accrued vacation entitlement shall be credited to a maximum of 320 hours. Unused vacation benefits will be credited to Core Physician to hours. Unused vacation benefits will be credited to Core Physician to a maximum of 320 hours if this Agreement is renewed. Core Physician will be paid maximum of 320 hours if this Agreement is renewed. Core Physician will be paid for accrued and unused vacation hours upon termination of employment. for accrued and unused vacation hours upon termination of employment.

C. C.

S c Leave: ik Sick Leave:

For each pay period of service, Core Physician shall be credited with sick leave For each pay period of service, Core Physician shall be credited with sick leave credit for illness or accident of 2.46 hours, for a maximum accrual 64 hours per credit for illness or accident of 2.46 hours, for a maximum accrual of 64 hours per year. After five years of employment, including full-time employment prior to the year. After five years of employment, including full-time employment prior to the effective date of this Agreement, Core Physician shall earn and accrue sick leave effective date of this Agreement, Core Physician shall earn and accrue sick leave credit for illness or accident at the rate of 3.07 hours for each pay period credit· for illness or accident at the rate of 3.07 hours for each pay period of setvice for an annual accrual of 80 hours per year. Total unused sick leave service for an annual accrual of 80 hours per year. Total unused sick leave accumulated shall not exceed a maximum of 1152 hours. No fbrther sick leave accumulated shall not exceed a maximum of 1152 hours. No further sick leave entitlement shall be credited so long as Core Physician has the maximum hours entitlement shall be credited so long as Core Physician has the maximum hours credited. If Core Physician is presently employed by the County Kern, accrued credited. If Core Physician is presently employed by the County of Kern, accrued sick leave shall be credited to a maximum of 1152 hours. Unused sick leave will sick leave shall be credited to a maximum of 1152 hours. Unused sick leave will be credited to Core Physician to a maximum of 1152 hours if this Agreement is be credited to Core Physician to a maximum of 1152 hours if this Agreement is renewed. Core Physician will not be paid for accrued and unused sick leave renewed. Core Physician will not be paid for accrued and unused sick leave upon termination of employment. County policy applicable to other regular upon termination of employment. County policy applicable to other regular County employees of KMC regarding use of sick leave shall apply to Core County employees of KMC regarding use of sick leave shall apply to Core Physician. Physician.

D. D.

Educational Leave: Educational Leave:

Core Physician shall receive 80 hours paid education leave annually. The first Core Physician shall receive 80 hours paid education leave annually. The first 80 hours shall be credited on the effective date of the Core Physician's 80 hours shall be credited on the effective date of the Core Physician's employment contract. On each successive anniversary date of that contract, an employment contract. On each successive anniversary date of that contract. an additional 80 hours shall accrue. Education leave must be used within the additional 80 hours shall accrue. Education leave must be used within the year that it is accrued and unused education leave does not accrue to the following that it is accrued and unused education leave does not accrue to the fol/owing
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contract year. Unused education leave will not be paid upon termination of contract year. Unused education leave will not be paid upon termination of employment. All education leave must be approved in advance of use by the employment. All education l e a h must be approved in advance of use by the Core Physician's Department Chair and the Medical Director. Core Physician's Department Chair and the Medical Director.
4. 4.

UNPAID LEAVE OF ABSENCE UNPAID LEAVE OF ABSENCE
County shall provide Core Physician the right to unpaid leave of absence County shall provide Core Physician the right to unpaid leave of absence provided to other regular County employees of KMC pursuant to County policy. provided to other regular County employees of KMC pursuant to County policy. County may change its policy regarding leave of absence, as its policy for leave County may change its policy regarding leave of absence, as its policy for leave of absence shall change for other County employees of KMC. Any such change of absence shall change for other County employees of KMC. Any such change by County shall not be a breach of this Agreement. by County shall not be a breach of this Agreement.

5 5..

RETIREMENT PLAN RETIREMENT PLAN
A. Core Physician shall participate in the Kern County Pension Plan and A. Core Physician shall participate in the Kern County Pension Plan and Tnrst Agreement for Physician Employees (the "Plan"), a qualified defined Trust Agreement for Physician Employees (the "Plan"), a qualified defined contribution pension plan, pursuant to the terms of the instrument under which contribution pension plan, pursuant to the terms of the instrument under which the Plan has been established (the "Plan Document"), as from time-to-time the Plan has been established (the "Plan Document"), as fmm time-to-time amended. County shall withhold 3.1 percent of Core Physician's biweekly gross amended. County shall withhold 3.1 percent of Core Physician's biweekly gross salary (that is, before deductions including taxes) and pay such amount within a salary (that is, before deductions including taxes) and pay such amount within a reasonable time as the Core Physician's mandatory employee contribution reasonable time as the Core Physician's mandatory employee contribution required under the Plan Document. County shall contribute an additional amount required under the Plan Document. County shall contribute an additional amount equal to 12.5 percent of Core Physician's biweekly gross salary (that is, before equal to 12.5 percent of Core Physician's biweekly gross salary (that is, before deductions including taxes) as County's required contribution under the Plan deductions including taxes) as County's required contribution under the Plan Document. Total contributions by Core Physician and County will not exceed the Document. Total contributions by Core Physician and County will not exceed the yearly amount allowed by law; provided, however, if any amounts are contributed yearly amount allowed by law; provided, however. if any amounts are contributed in excess of such permissible amounts, the excess contribution shall be in excess of such permissible amounts, the excess contribution shall be corrected as provided in the Plan Document or under law. Any changes in the corrected as provided in the Plan Document or under law. Any changes in the Plan Document will control the terms of this Agreement. Plan Document will control the terms of this Agreement.

B. Subject to the receipt of a favorable determination letter from the Internal Subject to the receipt of a favorable determination letter from the Internal B. Revenue Senrice, County will amend and restate. the Plan Document to Revenue Service. County will amend and restate· the Plan Document to substitute a fixed-dollar contribution by County and Core Physician in lieu of the substitute a fixed-dollar contribution by County and Core Physician in lieu of the contributions provided in the immediately preceding paragraph A. County and contributions provided in the immediately preceding paragraph A. County and Core Physician contributions for each Plan year (as defined in the Plan Core Physician contributions for each Plan year" (as defined in the Plan Document) under the amended and restated Plan document shall be as follows: Document) under the amended and restated Plan document shall be as follows: County shall contribute as County's required contribution the sum of Seventeen County shall contribute as County's required contribution the sum of Seventeen ThousandFive Hundred Dollars ($17,500) for the account of Core Physician for Thousand Five Hundred Dollars ($17,500) for the account of Core Physician for each complete Plan year of service (as defined in the Plan Document) by Core each complete Plan year of service (as defined in the Plan Document) by Core Physician. Core Physician's mandatory employee contributions required under Physician. Core Physician's mandatory employee contributions required under the amended and restated Plan Document shall be as fotlows: If Core the amended and restated Plan Document shall be as follows: If Core Physician's Compensation (as defined under the Plan Document) was One Physician's Compensation (as defined under the Plan Document) was One Hundred Fifty Thousand Dollars ($150,000) or less during the immediately Hundred Fifty Thousand Dollars ($150,000) or less during the immediately preceding Plan year, Core Physician's mandatory employee contribution required preceding Plan year, Core Physician'S mandatory employee contribution required
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under the Plan Document shall be $4,000 for a complete Plan year of service by under the Plan Document shall be $4,000 for a complete Plan year of service by Core Physician. If Core Physician's Compensation was more than One Hundred Core Physician. If Core Physician's Compensation was more than One Hundred and Fifty Thousand Dollars ($150.000) but less than One Hundred and Seventy and Fifty Thousand Dollars ($150,000) but less than One Hundred and Seventy Thousand Dollars ($170,000), during the immediately preceding Plan year, Core Thousand Dollars ($170,000), during the immediately preceding Plan year, Core Physician's mandatory employee contribution required under the Plan Document Physician's mandatory employee contribution required under the Plan Document shall be Nine Thousand Dollars ($9,000). If Core Physician's Compensation was shall be Nine Thousand Dollars ($9,000). If Core Physician's Compensation was One Hundred Seventy Thousand Dollars ($170,000) or more but less than One One Hundred Seventy Thousand Dollars ($170,000) or more but less than One Hundred Eighty Thousand Dollars ($180.000) during the immediately preceding Hundred Eighty Thousand Dollars ($180,000) during the immediately preceding Planyear, Core Physician's mandatory employee contribution required under the Plan year, Core Physician's mandatory employee contribution required under the Plan Document shall be Twelve Thousand Five Hundred Dollars ($12,500) for a Plan Document shall be Twelve Thousand Five Hundred Dollars ($12,500) for a complete Plan year of services. If Core Physician's Compensation was One complete Plan year of services. If Core Physician's Compensation was One Hundred and Eighty Thousand ($180,000) or more but less than One Hundred Hundred and Eighty Thousand ($180,000) or more but less than One Hundred NinetyThousand Dollars ($190,000) during the immediately preceding Plan year, Ninety Thousand Dollars ($190,000) during the immediately preceding Plan year, Core Physician's mandatory employee contribution required under the Plan Core Physician's mandatory employee contribution required under the Plan Document shall be Seventeen Thousand Five Hundred Dollars ($17,500) for a Document shalt be Seventeen Thousand Five Hundred Dollars ($17.500) for a complete Plan year of services. If Core Physician's Compensation was at least complete Plan year of services. If Core Physician's Compensation was at least One Hundred Ninety Thousand Dollars ($190,000) during the immediately One Hundred Ninety Thousand Dollars ($190,000) during the immediately preceding Plan year, Core Physician's mandatory employee contribution required preceding Plan year, Core Physician's mandatory employee contribution required under the Plan Oocument shall be the maximum amount permitted by Internal under the Plan Document shall be the maximum amount permitted by Internal Revenue Code section 415(c)(l) (which is currently $40,000) reduced by the Revenue Code section 415(c)(1) (which is currently $40,000) reduced by the County contribution for the account of Core Physician for the Plan year. Core County contribution for the account of Core Physician for the Plan year. Core Physician's mandatory employee contributions shall be withheld by County from Physician's mandatory employee contributions. shall be withheld by County from CorePhysician's biweekly salary in relatively equal amounts. Total contributions Core Physician's biweekly salary in relatively equal amounts. Total contributions by Core Physician and County will not exceed the yearly amount allowed by law; by Core Physician and County wilt not exceed the yearly amount allowed by law; provided, however, if any amounts are contributed in excess of such permissible provided, however, if any amounts are contributed in excess of such permissible amounts, the excess contribution shall be corrected as provided in the Plan amounts, the excess contribution shall be corrected as provided in the Plan Document or under law. Any changes in the Plan Document will control the Document or under law. Any changes in the Plan Document will control the terms of this Agreement. County's required contribution for the account of Core terms of this Agreement. County's required contribution for the account of Core Physician and Core Physician's mandatory employee contributions are also Physician and Core Physician's mandatory employee contributions are also subject to all of the transition rules contained in the Plan as it now exists or may subject to all of the transition rules contained in the Plan as it now exists or may be hereafter amended which may reduce the amount of contribution. The be hereafter amended which may reduce the amount of contribution. The transitionrules include, but are not limited to, those contained in sections 3.3(b), transition rules include, but are not limited to, those contained in sections 3.3(b), 3.3(d), 3.5, and 3.6 of the amended and restated Plan Document, Core 3.3(d), 3.5, and 3.6 of the amended and restated Plan Document. Core Physician (together with all Plan participants) shall be responsible for a pro rata Physician (together with all Plan participants) shall be responsible for a pro rata share of the annual costs of administering the Plan. Due to the manner in which share of the annual costs of administering the Plan. Due to the manner in which Plan participant accounts are held and invested, most such costs cannot be paid Plan participant accounts are held and invested, most such costs cannot be paid directly from Plan assets. To facilitate payment of such costs, County shall directly from Plan assets. To facilitate payment of such costs, County shall advance such costs for so long as County determines such an arrangement is advance such costs for so long as County determines such an arrangement is necessary or desirable. To offset such costs, County shall reduce its contribution necessary or desirable. To offset such costs, County shall reduce its contribution to the Plan for Core Physician by Core Physician's pro rata share of such costs to the Plan for Core Physician by Core Physician's pro rata share of such costs as determined under the Plan Document. as determined under the Plan Document.

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C. IfIfthe fixed contribution structure described in the immediately preceding the fixed contribution structure described in the immediately preceding . .C. paragraph B results, or would result, in the Internal Revenue Service not issuing paragraph B results, or would result, in the Internal Revenue Service not issuing a favorable determination ,letter for the Plan under the amended and restated a favorable determination ,letter for the Plan under the amended and restated Plan Document, the County reserves the right to substitute another contribution Plan Document, the County reserves the right to substitute another contribution structure which will be designed to maximize benefit to Core Physician on a coststructure which will be designed to maximize benefit to Core Physician on a costneutral basis to County, and such substitute contribution structure shall control neutral basis to County, and such substitute contribution structure shall control the terms of this Agreement. County will consult with the Pension Committee, as the terms of this Agreement. County will consult with the Pension Committee, as identified in the Plan Document, with respect to such substitute contribution identified in the Plan Document, with respect to such substitute contribution structure. structure.
D. D. County's required contribution and all mandatory employee contributions County's required contribution and all mandatory employee contributions will be paid to such financial services firm($) as determined under the Plan will be paid to such financial services firm(s) as determined under the Plan Document. If, pursuant to the Plan Document, Plan assets are allocated to Document. If, pursuant to the Plan Document, Plan assets are allocated to separate accounts for each Plan participant, such financial services firm(s) shall separate accounts for each Plan participant, such financial services firm(s} shall be solely responsible for allocating Core Physician's contribution amount and be solely responsible for allocating Core Physician's contribution amount and investment experience to his or her account. If, pursuant to the Plan Document, investment experience to his or her account. If, pursuant to the Plan Document, Plan participants control the investment of their accounts at such financial Plan participants control the investment of their accounts at such financial services firm(s), the investment of Core Physician's Plan account through such services firm(s), the investment of Core Physician's Plan account through such financial services firm shall be determined by Core Physician. County shall not financial services firm shall be determined by Core Physician. County shall not be liable for the investment experience of Core Physician's Plan account. be liable for the investment experience of Core Physician's Plan account.
E. Core Physician is not eligible to participate in any other retirement plan E. Core Physician is not eligible to participate in any other retirement plan established or funded by the County for its employees, including but not limited to established or funded by the County for its employees, including but not limited to the Kern County Employees' Retirement Association, and this Agreement does the Kern County Employees' Retirement Association, and this Agreement does not confer upon Core Physician any right to claim entitlement to benefits under not confer upon Core Physician any right to claim entitlement to benefits under any such retirement plan(s). any such retirement plan(s).

6 6. .

SOCIAL SECURITY AND MEDICARE TAXES SOCIAL SECURITY AND MEDICARE TAXES

Core Physician is exempt from payment of Social Security taxes as the Kern Core Physician is exempt from payment of Social Security taxes as the Kern County Pension Plan for Physician Employees is a qualified alternative to the County Pension Plan for Physician Employees is a qualified alternative to the insurance system established by the federal Social Security Act. Core insurance system established by the federal Social Security Act. Core Physicians employed before March 31,1986, will continue to be exempt from the Physicians employed before March 31, 1986, will continue to be exempt from the payment of Medicare taxes. payment of Medicare taxes.

7. 7.

DEFERRED COMPENSATION PLAN DEFERRED COMPENSATION PLAN
Core Physician shall be eligible to participate in the Kern County Deferred Core Physician shall be eligible to participate in the Kern County Deferred Compensation Plan II on the same basis and to the same extent as full-time Compensation Plan on the same basis and to the same extent as full-time County employees. County may change its Deferred Compensation Plan as it County employees. County may change its Deferred Compensation Plan as it shall change for other County employees of KMC. Any such change by County shall change for other County employees of KMC. Any such change by County shall not be a breach of this Agreement. shall not be a breach of this Agreement.

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8. 8.

KERN$FLEX PLAN KERN$FLEX PLAN

Core Physician shall be eligible to participate in the Kern$Flex Plan on the Core Physician shall be eligible to participate in the Kern$Flex Plan II on the same basis and to the same extent as eligible County employees. County may same basis and to the same extent as eligible County employees. County may change its Kern$Flex Plan, as its policy Kern$Flex shall change other change its Kern$Flex Plan, as its policy for Kern$Flex shall change for other such change by County shall not be a breach County employees KMC. County employees of KMC. Any such change by County shall not be a breach of this Agreement. this Agreement.

9. 9.

EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT

A. Core Physician will be reimbursed approved and necessary A. Core Physician will be reimbursed for approved and necessary expenditures related to continuing education including fees, travel and expenditures related to continuing education including seminar fees, travel and study materials. Reimbursement travel, lodging and meals shall be upon the study materials. Reimbursement for travel, lodging and meals shall be upon the same terms rates as allowed County employees KMC. Core Physician same terms and rates as allowed for County employees of KMC. Core Physician will be reimbursed expenses and materials not to exceed $2,500 per year. will be reimbursed expenses and materials not to exceed $2,500 per year.
B. Core Physician will be reimbursed for approved and necessary 0. Core Physician will be reimbursed approved and necessary expenditures related to education and training as directed by KMC. expenditures related to education and training as directed by KMC. Reimbursement travel, lodging and meals shall be upon the same terms and Reimbursement for travel, lodging and meals shall be upon the same terms and rates as allowed for County employees of KMC. rates as allowed for County employees KMC. C. C. County will pay reasonable moving expenses (defined as the moving of County will pay reasonable moving expenses (defined as the moving household goods and vehicles) for Core Physician to relocate from Philadelphia, household goods and vehicles) for Core Physician to relocate from Philadelphia, Pennsylvania, to Bakersfield, California, in an amount not to exceed Twenty Pennsylvania, to Bakersfield, California, in an amount not to exceed Twenty Thousand Dollars ($20,000). Core Physician shall provide three written bids for Thousand Dollars ($20,000). Core Physician shall provide three written bids moving expenses and County shall reimburse Core Physician for the lowest of the lowest moving expenses and County shall reimburse Core Physician the three bids. In order to be reimbursed for said moving expenses, Core the three bids. In order to be reimbursed said moving expenses, Core Physician shall submit the three written bids along with the invoice(s) for actual Physician shall submit the three written bids along with the invoice(s) for actual services performed by the low bid contractor(s). services performed by the low bid contractor(s). D. Reimbursement for expenses incurred in generating professional fees will Reimbursement expenses incurred in generating professional fees will D. be reimbursed as set forth in Article II, Section 4, above. be reimbursed as set forth in Article II, Section above.
E. E. Reimbursement for expenses incurred in generating other income will be Reimbursement expenses incurred in generating other income will be reimbursed as set forth in Article II, Section 5, above. reimbursed as set forth in Article II, Section 5, above.

Article IV. Article IV. TERMINATION AND CORRECTIVE ACTION TERMINATION AND CORRECTIVE ACTION

1. 1.

TERMINATION OF AGREEMENT TERMINATION OF AGREEMENT A. Core Physician may terminate this Agreement, without cause, upon ninety Core Physician may terminate this Agreement. without cause, upon ninety A. (90) days' prior written notice to County. (90) days' prior written notice to County.
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3. 3.

REVIEW AND APPEAL PROCESS REVIEW AND APPEAL PROCESS Review and appeal of the decision to impose corrective action or terminate for Review and appeal of the decision to impose corrective action or terminate for cause shall follow the process set forth in the KMC Faculty Practice Board policy cause shall follow the process set forth in the KMC Faculty Practice Board policy and procedure, titled Corrective Action and Termination Review Process, or the and procedure, titled Corrective Action and Termination Review Process, or the medical staff bylaws, whichever is applicable. medical staff bylaws, whichever is applicable.
Article v. Article V. GENERAL PROVISIONS GENERAL PROVISIONS

'

1. 1_

ASSIGNMENT ASSIGNMENT
Core Physician shall not assign or transfer this Agreement or its obligations Core Physician shall not assign or transfer this Agreement or its obligations hereunder, or any part thereof. Core Physician shall not assign any money due hereunder, or any part thereof. Core Physician shall not assign any money due or which becomes due to Core Physician under this Agreement without the prior or which becomes due to Core Physician under this Agreement without the prior written approval of County. written approval of County.

2. 2.

ASSISTANCE IN LITIGATION ASSISTANCE IN LITIGATION
Core Physician agrees to be available to County, at no cost to County, to testify Core Physician agrees to be available to County, at no cost to County, to testify as an expert witness or otherwise, in the event of litigation under any cause of as an expert witness or otherwise, in the event of litigation under any cause of action being brought against County or KMC, its directors, officers or employees action being brought against County or KMC, its directors, officers or employees except where the Core Physician is a named party. KMC will credit the time except where the Core Physician is a named party. KMC will credit the time spent in preparation and testimony as administrative time as defined in the spent in preparation and testimony as administrative time as defined in the compensation plan. compensation plan.

3. 3.

AUTHORITY TO BIND COUNTY AUTHORITY TO BIND COUNTY

ItItis understood that Core Physician, in Core Physician's performance of any and is understood that Core Physician, in Core Physician's performance of any and all. duties under this Agreement, has no authority to bind County or KMC to any all duties under this Agreement, has no authority to bind County or KMC to any agreements or undertakings. agreements or undertakings.

4. 4.

CAPTIONS AND INTERPRETATION CAPTIONS AND INTERPRETATION
Paragraph headings in this Agreement are used solely for convenience, and shall Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. No provision of this be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a party because that party or its Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the parties. construed as if jointly prepared by the parties.

5. 5.

CHOICE OF LAWNENUE CHOICE OF LAWNENUE

The parties hereto agree that the provisions of this Agreement will be construed The parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered pursuant to the laws of the State of California. This Agreement has been entered

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into and is to be performed in the County of Kern. Accordingly, the parties agree into and is to be performed in the County of Kern. Accordingly, the parties agree that the venue of any action relating to this Agreement shall be in the County of that the venue of any action relating to this Agreement shall be in the County of Kern. Kern.
6. 6.

CONFLICT OF INTEREST CONFLICT OF INTEREST
The parties to this Agreement have read and are aware of the provisions of The parties to this Agreement have read and are aware of the provisions of section 1090 et seq. and section 87100 et seq. of the California Government section 1090 et seq. and section 87100 et seq. of the California Government Code relating to conflict of interest of public officers and employees. All parties Code relating to conflict of interest of public officers and employees. All parties hereto agree that they are unaware of any financial or economic interest of any hereto agree that they are unaware of any financial or economic interest of any public officer or employee of County relating to this Agreement. It is further public officer or employee of County relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception understood and agreed that if such a financial interest does exist at the inception of this Agreement, County may immediately terminate this Agreement by giving of this Agreement, County may immediately terminate this Agreement by giving written notice thereof. Core Physician shall comply with the requirements of written notice thereof. Core Physician shall comply with the requirements of California Government Code section 87100 et seq. during the term of this California Government Code section 87100 et seq. during the term of this Agreement. Agreement.

7. 7.

COMPLIANCE WITH KMC AND COUNTY POLlClES COMPLIANCE WITH KMC AND COUNTY POLICIES

Core Physician will comply with all applicable KMC and County policies and Core Physician will comply with all applicable KMC and County policies and procedures. Core physician will keep daily time sheets on forms supplied, and in procedures. Core physici~n will keep daily time sheets on forms supplied, and in the manner specified, by KMC. Core Physician will conform to office policy and the manner specified, by KMC. Core Physician will conform to office policy and routine as established by the Department of which Core Physician is a member, routine as established by the Department of which Core Physician is a member, including, but not limited to orientation, attendance at case conferences, including, but not limited to orientation, attendance at case conferences, supervision, in service education, patients' rights functions and performance supervision, in service education, patients' rights functions and performance improvement activities. Core Physician shall submit to drug testing, other improvement activities. Core Physician shall submit to drug testing, other laboratorytesting and physical examinations as may be reqUired by County. laboratory testing and physical examinations as may be required by County.
8. 8.
COMPLIANCE WITH LAW COMPLIANCE WITH LAW

Core Physician shall observe and comply with all applicable County, state and Core Physician shall observe and comply with all applicable County. state and federal laws, ordinances, rules and regulations now in effect or hereafter federal laws, ordinances, rules and regulations now in effect or hereafter enacted, including but not limited to JCAHO, Title 22, California Code of enacted, including but not limited to JCAHO, Title 22, California Code of Regulations, EMTALA, all federal and state billing requirements including MediRegulations, EMTALA, all federal and state billing requirements including MediCallMedicaid and Medicare billing regulations, EEOC, HIPAA, FEHA and CalCal/Medicaid and Medicare billing regulations, EEOC. HIPAA, FEHA and CalOSHA. Core Physician will at all times meet state and federal licensure and OSHA. Core Physician wilt at all times meet state and federal licensure and County personnel qualifications for the practice of medicine. County personnel qualifications for the practice of medicine.
9. 9.
COUNTERPARTS COUNTERPARTS This Agreement may be executed simultaneously in any number of counterparts, This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but all of which together shall each of which shall be deemed an original but all of which together shall constitute one and the same instrument. constitute one and the same instrument.
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10. EMPLOYMENT STATUS EMPLOYMENT STATUS 10.
Core Physician shall be employed by the County of Kern pursuant to the terms of Core Physician shall be employed by the County of Kern pursuant to the terms of this Agreement and the medical staff bylaws of KMC. Core Physician Core Physician this Agreement and the medical staff bylaws of KMC. acknowledges that he or she will not be deemed a classified employee, or have acknowledges that he or she will not be deemed a classified employee, or have any rights or protections under the County's Civil Service Ordinance, rules or any rights or protections under the County's Civil Service Ordinance, rules or regulations. regulations.
11. 11.

ENFORCEMENT OF REMEDIES ENFORCEMENT OF REMEDIES
No right or remedy herein conferred on or reserved to County is exclusive of any No right or remedy herein conferred on or reserved to County is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently or from time to time. enforced concurrently or from time to time.

12. 12.

MEDICAL RECORDS MEDICAL RECORDS Any and all patient medical records and charts produced as a result of either Any and all patient medical records and charts produced as a result of either party's performance under this Agreement shall be and remain the property of party's performance under this Agreement shall be and remain the property of County. During the term of this Agreement, Core Physician shall be permitted to County. During the term of this Agreement, Core Physician shall be permitted to inspect and/or duplicate any patient's medical record or chart to the extent inspect andlor duplicate any patient's medical record or chart to the extent necessary to meet professional responsibilities to such patient andlor to assist in necessary to meet professional responsibilities to such patient and/or to assist in the defense of any malpractice or similar claim to which such medical record or the defense of any malpractice or similar claim to which such medical record or chart may be pertinent, provided such inspection andfor duplication is permitted chart may be pertinent, provided such inspection and/or duplication is permitted and conducted in accordance with applicable legal requirements and pursuant to and conducted in accordance with applicable legal requirements and pursuant to commonly accepted standards of patient confidentiality. Core Physician shall be commonly accepted standards of patient confidentiality. Core Physician shall be solely responsible for maintaining patient confidentiality with respect to any solely responsible for maintaining patient confidentiality with respect to any information obtained pursuant to this paragraph and will comply with all federal information obtained pursuant to this paragraph and will comply with all federal and state laws and regulations regarding patient confidentiality. and state laws and regulations regarding patient confidentiality.

13. 13.

MEDICAL S1AFF MEMBERSHIP MEDICAL STAFF MEMBERSHIP

Core Physician will at all times be a member in good standing of the medical staff Core Physician will at ail times be a member in good standing of the medical staff of Kern Medical Center and governed as such by the medical staff bylaws. This of Kern Medical Center and governed as such by the medical staff bylaws. This Agreement may be immediately terminated if Core Physician's privileges/ Agreement may be immediately terminated if Core Physician's privileges1 membership are modified or restricted pursuant to action under the medical staff membership are modified or restricted pursuant to action under the medical staff bylaws such that services performed by Core Physician are limited or restricted. bylaws such that services performed by Core Physician are limited or restricted. Prior to performing duties, Core Physician will complete the following: Prior to performing duties, Core Physician will complete the following: (a) (a) (b) (b) (c) (c) Application for medical staff membership; Application for medical staff membership; Provide proof of current license from Medical Board of California; Provide proof of current license from Medical Board of California; Provide proof of current DEA certificate; and Provide proof of current DEA certificate; and

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(d) (d)

Meet with the medical staff office to ensure appropriate Meet with the medical staff office to ensure appropriate documentation is present for credentialing of medical staff documentation is present for credentialing of medical staff privileges. privileges.

14. 14.

MODIFICATIONS OF AGREEMENT MODIFICATIONS OF AGREEMENT

This Agreement may be modified in writing only, signed by the parties in interest This Agreement may be modified in writing only, signed by the parties in interest at the time of the modification. at the time of the modification.
15. 15.

NON-APPROPRIATION NON·APPROPRIATION
County reserves the right to terminate this Agreement in the event insufficient County reserves the right to terminate this Agreement in the event insufficient funds are appropriated or budgeted for this Agreement in any fiscal year due to funds are appropriated or budgeted for this Agreement in any fiscal year due to closing of a clinical department or KMC. Upon such termination, County will be closing of a clinical department or KMC. Upon such termination, County will be released from any further financial obligation to Core Physician, except for released from any further financial obligation to Core Physician, except for services performed prior to the date of termination or any liability due to any services performed prior to the date of termination or any liability due to any default existing at the time this section is exercised. Core Physician will be given default existing at the time this section is exercised. Core Physician will be given thirty (30) days' written notice in the event that such an action is required by thirty (30) days' written notice in the event that such an action is required by County. County.

16. 16.

NON-DISCRIMINATION NON-DISCRIMINATION

17. 17.

The parties mutually agree to abide by all laws, federal. state and local, and by The parties mutually agree to abide by all laws, federal, state and local, and by all policies of the County of Kern respecting discrimination. The parties shall not all policies of the County of Kern respecting discrimination. The parties shall not discriminate on the basis of race, color, national origin, age, religion, marital discriminate on the basis of race, color, national origin, age, religion, marital status or sexual preference. status or sexual preference. NON-WAIVER NON·WAIVER No covenant or condition of this Agreement can be waived except by the written No covenant or condition of this Agreement can be waived except by the written consent of County. Forbearance or indulgence by County in any regard consent of County. Forbearance or indulgence by County in any regard whatsoever shall not constitute a waiver of the covenant or condition to be whatsoever shall not constitute a waiver of the covenant or condition to be performed by Core Physician. County shall be entitled to invoke any remedy performed by Core Physician, County shall be entitled to invoke any remedy available to County under this Agreement or by law or in equity despite said available to County under this Agreement or by law or in equity despite said forbearance or indulgence. forbearance or indulgence.

18. 18.

NOTICES NOTICES

Notices to be given by one party to the other under this Agreement shall be given Notices to be given by one party to the other under this Agreement shall be given in writing by personal delivery, by certified mail, return receipt requested, or in writing by personal delivery, by certified mail, return receipt requested, or express delivery service at the addresses specified below. Notices delivered express delivery service at the addresses specified below. Notices delivered personally shall be deemed received upon receipt: mailed or expressed notices personally shall be deemed received upon receipt: mailed or expressed notices shall be deemed received four (4) days after deposit. A party may change the shall be deemed received four (4) days after deposit. A party may change the address to which notice is to be given by giving notice as provided above. address to which notice is to be given by giving notice as provided above.
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Physician Core Physician

County
Bryan Peter K. Bryan Chief Executive Officer Executive Kern Medical Center 1830 Flower Street 1830 Bakersfield, CA 93305-4197 Bakersfield, 93305-4197

David David F. Jadwin, D.O. 26900 Monet Lane 91355 Valencia, CA 91355

19.

RESPONSIBILITIES PROFESSIONAL RESPONSIBILITIES

Core Physician will perform the services and duties set forth in this Agreement in Physician perform
conscientious accordance accepted professional a diligent and conscientious manner in accordance with accepted professional medical profession medical bylaws and ethical standards of the medical profession and the medical staff bylaws of KMC.

20.

RELATIONSHIP RELATIONSHIP

rendering County and Core Physician recognize that Core Physician is rendering Physician recognize Physician specialized. professional services. The parties recognize that each is possessed professional parties recognize each possessed specialized, of legal knowledge and skill, and that this Agreement is fully understood by the legal knowledge and skill, and understood parties, and is the result of bargaining between the parties. Each party and result bargaining between parties. Each acknowledges their opportunity to fUlly .and independently review and consider acknowledges fully .and independently review and this Agreement and affirm complete understanding of the effect and operation of affirm complete understanding and operation its terms prior to entering into the same. its entering into same. 21.
SEVERABILITY

Should any part, term, portion or provision of this Agreement be decided finally to Should part, portion provision be be in conflict with any law of the United States or the State of California, or be in conflict with United States California, otherwise be unenforceable or ineffectual, the validity of the remaining parts, otherwise be unenforceable ineffectual, remaining parts, terms, portions, or provisions shall be deemed severable and shall not be be deemed severable and shall be portions, provisions affected thereby, provided such remaining portions or provisions can be affected thereby, provided such remaining portions provisions can be construed in substance to constitute the agreement which the parties intended to construed in substance constitute agreement which parties intended enter into in the first instance. into in instance.

22.

SOLE AGREEMENT SOLE AGREEMENT

This Agreement, including all attachments hereto, contains the entire agreement This Agreement, including all attachments hereto, contains the entire agreement between the parties relating to the services, rights, obligations and covenants between parties relating the services, rights, obligations and covenants contained herein and assumed by the parties respectively. No inducements, contained herein and assumed by the parties respectively. No inducements, representations or promises have been made, other than those recited in this representations promises have been made, than those recited in this Agreement. No oral promise, modification, change or inducement shall be No oral promise, modification, change inducement shall be effective or given any force or effect. effective given force effect.

"

upon the dates indicated.

Case 1:07-cv-00026-OWW-TAG Document 241-2 Filed 10/07/2008 Page 20 of 75 IN WITNESS TO THE FOREGOING, the parties have signed this Agreement IN WITNESS TO THE upon the dates indicated. FOREGOING, the parties have signed this Agreement

APPROVED AS TO CONTENT: KERN MED)II~~~N+e-R,

APPROVED AS TO CONTENT:

COUNN OF KERN COUNTY OF KERN

B~e~~ai£O
Steve A. Perez, Chairman Board of Supervisors Board of Supervisors
CONTRACT EMPLOYEE CONTRACT EMPLOYEE

KERN COUNTY PERSONNEL

BY~~ Kay F. "../.1.,-BY
Kay F. Madden, Director

Madden, Director Va/d*sw

APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL OFFICE OF COUNTY COUNSEL

APPROVED AS TO FORM:

BY -x.&Wfld& By~g.~ Deputy
Deputy
Agreement.Jadwin.081202

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"-../

EXHIBIT "A'' EXHIBIT "A" JOB DESCRIPTION JOB D ESCRlPTlON DAVID F. JADWIN, M.D. DAVID F. JADWIN, M.D. PATHOLOGY CHAIRMAN PATHOLOGY CHAIRMAN

The pathology chairman shall serve as the medical director for the anatomic pathology The pathology chairman shall serve as the medical director for the anatomic pathology service and clinical laboratories at KMC. The pathology chairman will report to the KMC service and clinical laboratories at KMC. The pathology chairman will report to the KMC Medical Director. This is a full-time position requiring 48 hours of service, on average, Medical Director. This is a full-time position requiring 48 hours of service, on average, per week. per week.
1. Administrative responsibilities include: The pathology chairman, together with 1. Administrative responsibilities include: The pathology chairman, together with the laboratory manager(s), will ensure that the Department: the laboratory manager(s), will ensure that the Department:

a. Is in compliance with federal and state regulations regarding clinical laboratory a. Is in compliance with federal and state regulations regarding clinical laboratory operation. operation. b. Meets standards for accreditation by the College of American Pathologists (CAP) b. Meets standards for accreditation by the College of American Pathologists (CAP) and the American Association of Blood Banks (AABB). and the American Association of Blood Banks (MBS). c, Operates within the policies established by KMC and the medical staff bylaws. c. Operates within the policies established by KMC and the medical staff bylaws, rules and regulations. rules and regulations. d. Operates effectively and smoothly, and provides timely reports, provided d. Operates effectively and smoothly, and provides timely reports, provided adequate resources are provided. adequate resources are provided.
2. 2.
Administrative duties include: Administrative duties include:

a. Oversees the development, implementation and maintenance of a. Oversees the development, implementation and maintenance of department policies and procedures for the clinical laboratory and pathology policies and procedures for the clinical laboratory and pathology department department, including surgical pathology, cytopathology and autopsy pathology. department, including surgical pathology, cytopathology and autopsy pathology. Operates and manages the pathology department quality assessment and b. b, Operates and manages the pathology department quality assessment and improvement program. improvement program. c. Oversees the performance of the clinical laboratory in the CAP laboratory c. Oversees the performance of the clinical laboratory in the CAP laboratory proficiency survey program. proficiency survey program. Ensures that performance deficiencies are addressed in a timely manner. d. d. Ensures that performance deficiencies are addressed in a timely manner. e. Reviews department budgets and major expenditures for appropriateness. e. Reviews department budgets and major expenditures for appropriateness. f. Monitors performance and prepares annual evaluations for staff f. Monitors performance and prepares annual evaluations for staff pathologists and the laboratory manager. pathologists and the laboratory manager. Serves as a member of the Medical Executive Committee, the Chairmen's g. Serves as a member of the Medical Executive Committee, the Chairmen's g. Council, the Faculty Practice Board, the Quality Management Committee, the Blood the Faculty Practice Board, the Quality Management Committee, the Blood Council, Usage Committee, and other committees that may be assigned by the president of the Usage Committee, and other committees that may be assigned by the president of the medicalstaff. medical staff. Through participation in the Blood Usage Committee, ensures adequate h. h. Through participation in the Blood Usage Committee, ensures adequate transfusionservice and utilization. service and utilization. transfusion Coordinates and monitors department faculty involvement in hospital i.1. Coordinates and monitors department faculty involvement in hospital committees. committees.

20
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J. Conducts and monitors regular department meetings, in compliance with Conducts and monitors regular department meetings, in compliance with j medical staff bylaws, and provides timely department reports. including an annual medical staff bylaws, and provides timely department reports, including an annual department report for the medical staff. department report for the medical staff. k. Coordinates medical student and resident training for students and k. Coordinates medical student and resident training for students and residents on training rotation within the department. residents on training rotation within the department. I. Meets with the KMC medical director at least monthly. I. Meets with the KMC medical director at least monthly. m. m. Oversees the scheduling and effectiveness of pathology educational Oversees the scheduling and effectiveness of pathology educational conferences for outside departments, including the oncology conference and the conferences for outside departments, including the oncology conference and the oncology clinic. oncology clinic. n. Completes clinical pathology and anatomic pathology service work as may n. Completes clinical pathology and anatomic pathology service work as may be required. be required.
3. 3. Teaching duties include: Teaching duties include:

a. a. Coordinates and participates in teaching conferences to include weekly Coordinates and participates in teaching conferences to include weekly gynecology conference, oncology conference, and surgery conference. gynecology conference, oncology conference, and surgery conference. b. b. Prepares and presents didactic lectures. Prepares and presents didactic lectures. c. Actively participates in and presents departmental, interdepartmental, and c. Actively participates in and presents departmental, interdepartmental, and interdisciplinary programs within KMC. interdisciplinary programs within KMC.
4. 4.

Patient care duties include: Patient care duties include:

a. a. Performs anatomic pathology services as assigned. Performs anatomic pathology services as assigned. b. Documents care provided consistent with CMS requirements for b. Documents care provided consistent with CMS requirements professional fee billing. professional fee billing.
5. 5.

Other duties as assigned by the chief executive officer or medical director. Other duties as assigned by the chief executive officer or medical director.

A standard workweek will be 48 hours per week. Actual hours may vary week-to6. A standard workweek will be 48 hours per week. Actual hours may vary week-to6. week according to specific assignments; however, the objective is to achieve 2112 week according to specific assignments; however, the objective is to achieve 2112 worked hours during a twelve-month period. worked hours during a twelve-month period.

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Kern County Kern County
Apt

r. / o 3 5 - - Z d d 4

AMENDMENT No. 1 AMENDMENT No.1
TO TO AGREEMENTFOR PROFESSIONAL SERVICES FOR PROFESSIONAL SERVICES AGREEMENT CONTRACT EMPLOYEE CONTRACT EMPLOYEE (County David F. Jadwin, D.O.) (County - David F. Jadwin, D.O.)

-

This Amendment No. 1 to the Agreement for Professional Services is made and This Amendment No. 1 to the Agreement for Professional Services is made and entered into this 1'2.6. day of ..JDo/t.,l/8£~ 2002, by and between the County of Kern h entered into this /Z&h day of d b d ~ 6 t 2002, by and between the County of Kern ("County"), a political subdivision of the State of California, which owns and operates ("County"), a political subdivision of the State of California, which owns and operates Kern Medical Center (hereinafter "KMC"), and David F. Jadwin, D.O. (hereinafter "Core Kern Medical Center (hereinafter "KMC"), and David F. Jadwin, D.O. (hereinafter "Core Physician"), a contract employee. Physician"). a contract employee.
RECITALS RECITALS
WHEREAS: WHEREAS:

a. a. County and Core Physician have heretofore entered into an Agreement for County and Core Physician have heretofore entered into an Agreement for Professional Services (Kern County Agt. #I012-2000, dated October 24, 2000) Professional Services (Kern County Agt. #1012-2000, dated October 24, 2000) (hereinafter "Agreement"), to provide pathology services; and (hereinafter "Agreement"), to provide pathology setvices; and
b. County and Core Physician desire to extend the term of the Interim b. County and Core Physician desire to extend the term of the Interim Agreement, attached as Exhibit "A" to the Agreement, through October 5, , 2002. and Agreement, attached as Exhibit " A to the Agreement, through October 5 2002, and increase the maximum payable to allow for the extended term; and increase the maximum payable to allow for the extended term; and
County further desires to pay Core Physician an additional $25,000, for a County further desires to pay Core Physician an additional $25,000, for a one-time biweekly payment of $33,036.64, for the pay period beginning September 21, one-time biweekly payment of $33,036.64, for the pay period beginning September 21, 2002 to compensate Core Physician for the additional workload in the Department of 2002 to compensate Core Physician for the additional workload in the Department of Pathology:-"" : ~ ."..... ~atholo&
~

c. c.

NOW, THEREFORE, the parties hereto agree to amend the Agreement as NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows: follows: 1. . 1 Exhibit "A," section 1, TERM, shall be amended as follows: Exhibit "A," section 1, TERM, shall be amended as follows: "1. "1. TERM TERM

Performance by Core Physician and County under the terms of this interim Performance by Core Physician and County under the terms of this interim agreement shall commence October 24,2000, and shall remain in effect through agreement shall commence October 24, 2000, and shall remain in effect through October 5, 2002." October 5, 2002." 2. 2. Exhibit "A," section 3. COMPENSATION AND BENEFITS, paragraph 3a, shall be Exhibit "A," section 3, COMPENSATION AND BENEFITS, paragraph 3a, shall be amended as follows: amended as follows:

"3. "3.

COMPENSATION AND BENEFITS COMPENSATION AND BENEFITS
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3a. Core Physician will work full-time (Le., according to AMA survey data for Core Physician will work full-time (i.e., according to AMA survey data for 3a. specialty but no less than forty [40] hours per week) and will be compensated with cash specialty but no less than forty [40J hours per week) and will be compensated with cash and other value as follows: Core Physician will be paid Eight Thousand Thirty-Six and other value as follows: Core Physician will be paid Eight Thousand Thirty-Six Dollars and Sixty-Four Cents ($8,036.64) biweekly not to exceed Two Hundred Nine Dollars and Sixty-Four Cents ($8,036.64) biweekly not to exceed Two Hundred Nine Thousand Six Hundred Sixty-Eight Dollars ($209,668) annually. Core Physician will be Thousand Six Hundred Sixty.Eight Dollars ($209,668) annually. Core Physician will be paid an additional Twenty-Five Thousand Dollars ($25,000), a one-time biweekly for paid an additional Twenty-Five Thousand Dollars ($25,OOO), for a one-time biweekly paymentof Thirty-Three Thousand Thirty-Six Dollars and Sixty-four Cents ($33.036.64), of Thirty-Three Thousand Thirty-Six Dollars and Sixty-four Cents ($33.036.64), payment for the pay period beginning September 21, 2002. The maximum payable under this for the pay period beginning September 21, 2002. The maximum payable under this Agreement shall not exceed Four Hundred Forty-Four Thousand Three Hundred ThirtyAgreement shall not exceed Four Hundred Forty-Four Thousand Three Hundred ThirtySix Dollars ($444,336) per the term of the Interim Agreement. County will withhold, Six Dollars ($444,336) per the term of the Interim Agreement. County will withhold, from said daily compensation of Core Physician, all applicable federal. state and local from said daily compensation of Core Physician, all applicable federal, state and local payroll taxes. County will pay the employer's portion of the hospital insurance portion of payroll taxes. County will pay the employer's portion of the hospital insurance portion of SocialSecurity ("FICA 2")." Social Security ("FICA 27."
3. Except as provided herein, all other terms, conditions, and covenants of the 3. Except as provided herein, all other terms, conditions, and covenants of the Agreementshall remain in full force and effect. Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. to IN WITNESS WHEREOF, the parties have executed this Amendment NO.11 to the Agreement as of the day and year first written above. the Agreement as of the day and year first written above.

APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:

COUNTY OF KERN COUNTY OF KERN

KER~~.~~~~~~~ By ~I~.~
Peter K. Bryan Peter K. Bryan Chief ~xecutive Officer Chief Executive Officer KERN COUNTY PERSONNEL KERN COUNlY PERSONNEL

B~~---L-Jl~'-L~1r­ SteveA. Perez, Chairman A.
Steve Perez, Chairman Boardof Supervisors of Supervisors Board

CORE PHYSICIAN CORE PHYSICIAN

BY~~'~ BY Kay F. Madden f.rd
Kay F. Madden Director
-b""$ .f)~

~A.-rn~~ B ~ 4r. ,w i id F. Jadwin, 0.0. d F. Jadwin, 0.0. •

APPROVED AS TO FORM; APPROVED AS TO FORM; OFFICE OF COUNTY COUNSEL OFFICE OF COUNTY COUNSEL

By~g.~
Deputy
Amendm@nI1.DavldJadwin.091'02

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EXHIBIT 2 Tort Claims Act complaint dated 7/3/06

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CLAIM AGAINST THE COUNTY OF KERN KERN
(Government Code §§ 910,910.2 & 910.4) Code 86

This Truxtun This claim must be filed with the Clerk of the Board of Supervisors, 1115 Truxtun th A ve., 5 Floor, Bakersfield, California 93301. If it is a claim for death. injury to claim death, iniuw Ave., 6 Floor, Bakersfield, California person. iniury property or iniury growing person, injury to personal pro~erty injury to growins crops, it must be filed within six within the claim. If months after the accident or event giving rise to the claim. If it is a claim for any fled within afier the evenf(s) rise action, other cause of action, it must be filed within one year after the event(s) giving rise to the claim. You complete the form the claim valid. claim. You must complete both sides and sign the claim form for the claim to be valid. Complete information must be provided. If the space provided is inadequate, please provided. Complete information the inadequate, use additional paper and identify information by paragraph number. use information number. 1. 1.

name State the name and mailing address of claimant:

David F. Jadwin, D.O., F.C.A.P., 3184 Beaudry Terrace, Glendale, CA 91208-1745 D a v i d F. Jadwin, D.O., F.C.A.P., 3184 B e a u d r y Terrace, Glendale, F . J a d w i n , D.O., F.C.A.P., 3184 Terrace, Glendale, 91208-1745

2. 2.

State the mailing address to which claimant desires notices from the County to be sent: sent:

Law Office of Eugene Lee, 445 South Figueroa Street, Suite 2700, Los Angeles, CA 90071 O f f i c e o f E u g e n e Lee, 4 4 5 S o u t h F i g u e r o a Street,, S u i t e 2700, L o s Angeles, Lee, Street 2700, Angeles, 90071 90071

3. 3.

State the date, place and other circumstances of the accident or event(s) giving place event(s) giving rise to the claim. rise claim.

See attachment. See attachment. attachment.

4.

Provide a general description of the injury, damage or loss incurred so far as it Provide injury, incurred may be known: be known: See attachment. See attachment. attachment.

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18182499682

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5. 5.

provide the name or names of the public employee or employees causing the Provide the name names public injury, damage or loss, if known: injury, damage loss, known: Mr. Peter Bryan, Dr. Irwin Harris ,r Dr. Eugene Kercher, D r . Scott Ragland, Kercher, Dr. Ragland, M r . Peter D r . Irwin H a r r i s D r . p~, Jennife. abraham, Dr, William Roy, et ai. PS. J e n n i f e r A&ih-m. D r . W i l l iam Rov. ~t al-

6. 6.

Regarding the amount claimed (including estimated amount of any prospective Regarding the amount claimed (including estimated injury, damage or loss known as of the time the claim is filed): injury, damage loss known as the tims claim If less than ten thousand dollars ($10,000), state the amount: $ $, If less than ten thousand dollars ($10,000), state If more than ten thousand dollars, would the claim be a limited civil case (less If more than ten thousand dollars, would claim be limited than $25,000)? (Circle one) than $25,ODO)? (Circle one) Yes Ye6
.

7. 7.

Please state any additional information which helpful in considering Please stale any additional information which may be helpful in considering this claim: claim:

@

complainant met with Mr. Bernard B&rffiann with respect to the foregolng on foregoing Complainant met w i t h Mr. Barmann
february g, 2006 e b r u a r v 9. 2006.

Claimant must dale and sign below. Claimant must date and sign below,

B. 8.

Signed this Signed t h i s . 3

,3

day ~ u l v 20M-., day of July,.ZOlj_

r=!J~-~ ~ -p~,
I
F

CLAIMANT'S SIGNATURE CLAIMANT'S SIGNATURE

WARNING! IT I CRIMINAL OFFENSE S WARNING! IT IS A CRIMINAL OFFENSE TO FILE FALSE (Penal Code $72) TO FILE A FALSE CLAIM (Penal Code §72)
(3103)

.-

Do<> #g9f,SO
::t'·~il1m'Q1'mdOe

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ATTACHMENT – CLAIM AGAINST THE COUNTY OF KERN

3. A.

State the date, place and other circumstances of the accident or event(s) giving rise to the claim. Breach of Contract

Pursuant to an employment contract (“Contract”), Complainant was formerly Chair of Pathology at Kern Medical Center (“KMC”). On June 14, 2006, Mr. Peter Bryan (CEO of KMC) summarily informed Complainant that he was being stripped of chairmanship effective June 17, 2006, due to his taking excessive sick leaves. As of June 14, 2006, Complainant had taken 12 weeks of CFRA sick leave and approx. 3-4 weeks of County sick leave based on doctor’s certifications which he submitted. Prior to June 14, Mr. Bryan had not communicated to Complainant his concerns regarding Complainant’s sick leaves. In fact, Mr. Bryan had in at least two written communications told Complainant that Complainant would have until June 16, 2006 to decide whether to continue or resign his chair position. Ultimately, Mr. Bryan failed to honor the June 16 deadline. In addition, the Contract states that Complainant shall be employed by the County of Kern “pursuant to the terms of this Agreement and the medical staff bylaws of KMC”. Mr. Bryan failed to comply with KMC bylaws in stripping Complainant of chairmanship. B. Wrongful Demotion/Termination in Violation of Cal. Bus. & Prof. C. § 2056 & Conspiracy Relating Thereto

The above-referenced demotion of Complainant to a staff pathologist also constituted a constructive termination. Mr. Bryan’s email to Complainant of June 14, 2006, strongly intimated that Complainant was no longer welcome at KMC. On June 26, 2006, Mr. Bryan reinforced that sentiment when he abruptly informed Complainant that he was no longer permitted to enter KMC grounds, contact any KMC employee or faculty member or access any KMC equipment or networks for any reason for the remainder of his leave. The demotion/termination constituted retaliation by Mr. Bryan against Complainant for raising concerns relating to patient health care. Previous to June 14, Complainant had apprised Mr. Bryan and other medical staff leadership in emails and communications too numerous to count of several crisis issues which critically jeopardized patient health care at KMC: need for follow-up on failure of a formerly-employed KMC pathologist to detect cancer diagnoses in numerous patient prostate biopsies; ii) chronically incomplete or inaccurate KMC blood component product chart copies, in violation of state regulations and accreditation standards of JCAHO, CAP and AABB; iii) chronically inadequate fine needle aspirations collected by KMC radiologists leading to incomplete and/or i)

Case 1:07-cv-00026-OWW-TAG

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iv)

v) C.

incorrect patient diagnoses and greatly increased expense for KMC; need for KMC pathology dept. i) to review outsourced pathology diagnoses prior to undergoing major therapy in reliance on those diagnoses and ii) to approve outsourcing of pathology to outside vendors; and need for effective oversight of blood usage program by pathology dept. Per Se Libel / Ratification by KMC

In a letter dated October 17, 2005, Drs. Eugene Kercher (President of KMC Medical Staff), Scott Ragland (President-elect of KMC Medical Staff), Jennifer Abraham (Past President of KMC Medical Staff) and Irwin Harris (KMC Chief Medical Officer) informed Complainant that three letters written by Complainant’s colleagues at KMC expressing “dissatisfaction” with Complainant would be “entered into your medical staff file.” When Complainant asked to see the three letters, he was refused. In so reprimanding Complainant, Drs. Kercher, Ragland, Abraham and Harris utterly failed to comply with KMC bylaws. Finally on January 6, 2006, Complainant received a letter from Ms. Karen Barnes (Deputy County Counsel for the County of Kern) to which were attached the above-referenced three letters in redacted form, one of which maliciously defamed Complainant’s professional competence. Complainant was later able to determine that Dr. William Roy was the author of the defamatory letter. Dr. Roy did not respond to Complainant’s subsequent written requests for explanation of his defamatory comments. D. Related Causes of Action

Complainant also seeks to bring claims of intentional infliction of emotional distress, negligent hiring, negligent supervision and negligent retention in relation to the foregoing.

4.

Provide a general description of the injury, damage or loss incurred so far as it may be known:

With respect to the County of Kern and each KMC officer or staff member as appropriate: Pro rata loss or reduction of employment compensation of approx. $400,000 per annum for the period from (i) on or about Dec. 2005 to Oct. 4, 2007 (end of current contract employment period) due to demotion, sick leaves and vacation time, and (ii) from Oct. 2007 until such time as complainant is able to secure comparable position with comparable pay after engaging in a diligent job search. Complainant believes his career as a pathologist is effectively at an end due to his age and the dearth of pathology chair positions in the US. Attorney’s fees (approx. $40,000 so far) and other costs. Loss of reputation.

2

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Severe emotional distress (and reimbursement of associated medical expenses of approx. $30,000). Punitive damages.

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EXHIBIT 3 Letter from the Office of the County Counsel for the County of Kern to Plaintiff’s counsel dated 9/15/06

Case 1:07-cv-00026-OWW-TAG
Bernard C. Barmann, Sr. Bernard C. Barmann, Sr. County Counsel County Counsel

Document 241-2
OFFICE OF THE OFFICE OF THE

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Tom Newell Tom Newell Sewice Representative Service Representative Reply to (661) 8683867 Reply to (661) 8683867

COUNTY COUNSEL COUNTY COUNSEL
Claim Unit Claim Service Unit
COUNTY OF KEHN COUNTY OF KEFW

Stephen D. Schuett Stephen D. Assistant COUnty Cour.se! Assistant County Cour.sel

Administrative Administrative Center 1115 Truxtun Avenue, 4th Floor 1115 Truxtun Avenue, 4th Floor Bakersfield, CA 93301 Bakersfield, CA 93301 Telephone: (661) 868-3801 Telephone: (661) 8683801 Fax: (661) 868-3875 Fax: (661) 8683875

NOTICE OF ACTION TAKEN ON CLAIM NOTICE OF ACTION TAKEN ON CLAIM September 15, 2006 15, 2006

EUGENE LEE EUGENE LEE LAW OFFICE OF EUGENE LEE LAW OFFICE OF EUGENE LEE 445 SOUTH FIGUEROA ST SUITE 2700 445 SOUTH FIGUEROA ST SUITE 2700 LOS ANGELES CA 90071 LOS ANGELES CA 90071

Name of Claimant(s): Name Claimant(s): Date of Incident: Date Incident:

David F. Jadwin, D.O., F. C. A. P. David F. Jadwin, D.O., F. C. A. P. 6-14-2006 6-14-2006

NOTICE IS HEREBY GIVEN that the claim you submitted to the Clerk of the Kern County NOTICE IS HEREBY GIVEN that the claim you submitted to the Clerk the Kern County Board of Supervisors on 7-5-2006 was not acted upon by the Board. The claim is deemed Board Supervisors on 7-5-2006 was not acted upon by the Board. The claim is deemed rejected by operation of law forty-five (45) days after the date the claim was so presented. rejected by operation law forty-five (45) days after the date the claim was so presented. WARNING WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was Subject to certain exceptions, you have only six (6) months from the date this notice was deposited in the mail to file a court action on this claim. (See Government Code I 945.6.) deposited in the mail to file a court action on this claim. (See Government Code 945.6.) You may seek the advice of an attorney of your choice in connection with this matter. If You may seek the advice an attorney your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. you desire to consult an attorney, you should do so immediately. Very truly yours, Very truly yours,

~~ Tom Newell, Service Representative
, ,

Tom Newell, Service Representative
TN:tn
I:\Templates\General Liability\GL-NOA

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PROOF OF SERVICE BY MAIL PROOF OF SERVICE MAIL
STATE OF CALIFORNIA ) STATE OF CALIFORNIA ) ss ) ss COUNTY OF KERN ) COUNTY OF KERN ) II am employed in the County of Kern, State of California. II am over the age of am employed in the County Kern, State California. am the age eighteen years and not a party to the within action. My business address is 1115 Truxtun eighteen years and not party to the within action. My business address is 1I 15 Truxtun Avenue, Bakersfield, CA 93301. Avenue, Bakersfield, 93301. On 9-15-2006, I1 served the foregoing document described as Notice of Action On 9-15-2006, served the foregoing described as Notice Action Taken on Claim in this action by placing a true copy thereof enclosed in a sealed envelope, Taken on Claim in this action by placing copy enclosed in sealed envelope, addressed as follows: addressed as follows: Eugene Lee Eugene Lee Law Office Eugene Lee Law Office of Eugene Lee So. Figueroa St., Suite 2700 445 So. Figueroa St., Suite 2700 Los Angeles, CA. 90071 Los Angeles, CA. 90071 IIam familiar with the firm's practice of collection and processing correspondence for am familiar with the firm's practice collection and processing correspondence mailing. Under that practice, it would be deposited with the U. S. Postal Service on that mailing. Under practice, it would be deposited with the U. S. Postal Service on that same day with postage thereon fully prepaid at Bakersfield, California, in the ordinary same day with postage thereon fully prepaid at Bakersfield, California, in the ordinary course of business. II am aware that on motion of the party served, service is presumed course business. am aware that on motion the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of invalid if postal cancellation date postage meter date is more than one day date deposit for mailing in affidavit. deposit mailing in affidavit. II declare under penalty of perjury under the laws of the State of California that the declare under penalty perjury under the laws the State California that the foregoing is true and correct. foregoing is true and correct.

Tom Newell Tom Newell

Filed 10/07/2008

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OFFICE OF COUNTY COUNSEL Risk Management Kern County Administrative Center

1115 Truxtun Avenue Bakersfield, California 93301

Document 241-2

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Case 1:07-cv-00026-OWW-TAG

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Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 35 of 75

EXHIBIT 4 California Department of Fair Employment and Housing Complaint dated 8/3/06 & Amended Complaint dated 11/14/06

Case 1:07-cv-00026-OWW-TAG

Document 241-2
-

Filed 10/07/2008

NOT FOR COMPLAINT OF DISCRIMINATION UNDER DFEH # COMPLAINT OF DISCRIMINATION UNDER DFEH # THE PROVISIONS OF THE CALIFORNIA THE PROVISIONS OF THE CALIFORNIA DFEH USE ONLY DFEH USE ONLY FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicate Mr. or Ms.) Mr David F Jadwin DO, FCAP Mr.. David F.. Jadwin,, DO, FCAP ADDRESS ADDRESS 3184 Beaudry T e r r a c e 3184 Beaudry Terrace CITYISTATEIZI P CITY/STATE/ZIP G l e n d a l e , CA 9 1 2 0 8 - 1 7 4 5 Glendale, CA 91208-1745 COUNTY COUNTY Los Angeles Los Angeles

EMPLOYMENT * * * EMPLOYMENT * * *

Page 36 COpy of 75 COPY

SERVICE SERVICE

TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUM BER (INCLUDE AREA CODE) (818 541-0495 (818)) 541-0496

COUNTY CODE COLNTY CODE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAME NAME County o Kern County off Kern ADDRESS ADDRESS
Clerk of the Board of Supervisors, County Administration Building,, 5th Floorr 5th Floo C l e r k of t h e Board of Supervisors, County A d m i n i s t r a t i o n B u i l d i n g TELEPHONE NUMBER (Include Area Code) TELEPHONE NUMBER (Include Area Code) (661 868-3585 (661)) 868-3585

1
COUNTY COUNTY Kern Kern
DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) Julyl 10, 2006 TOOK PLACE (month, day, and year) ~ u y 0 , 2 0 0 6 1
fired fired 1 a laiddofl 1 off A X demoted ..Mdemoted -harassed harassed _ _ genetic characteristics testing genetlc charactenstlcs testlng L x f o r c e to quit ~foroeddto quit
_ denied employment denled employment

DFEH USE ONLY DFEH USE ONLY COUNTYCODE COUNTY CODE

CITYISTATEIZIP CITY/STATE/ZIP Bakersfield CA 9 3 3 0 1 Bakersfield,, CA 93301 f NO. OF EMPLOYEESIMEMBERS ( known) NO. OF EMPLOYEES/MEMBERS (if~known) Approx. 7,500 Approx. 7,500 THE PARTICULARS ARE: THE PARTICULARS ARE:

1

:; RESPONDENT CODE RESPONDENT CODE

On On

July 1 0 , 2 0 0 6 July 10, 2006

IIwas Was

_

-

_ _ _ impermissible non-job·related inquiry denied pregnancy acrommodation -impermlsslble non-job-related lnqulry denied pregnancy awommodabon ..Mother(spedfy)) retaliated againstt XXohr(spedy retaliated asalG

denied promobon -denledpromotion denied transfer denled transfer XX denied acmmmodabon -deniedaccommodation XX

_

denied fam~ly medical leave -denledfamily orrmedical leave o den"d pregnancy kave -denledpregnancy leave _ denied equal pay -denledequal pay _ denied ngM to wear pants -deniedright to wear pants _

by by

Mr Pete Bryan e al Mr.. Peterr Bryan,, ett al.. Name of Person Name of Person
sex _age -age

Chieff Executive Officerr off Kern Medicall Center Chie Executive O f f i c e o Kern Medica Center Job Title (supervisor/manager/personnel director/etc.) Job Title (supervisorlmanagerlpersonnel directorletc.)
_ national origin/ancestry _national ong~nlancestry

because my: because of my:

~ physical disability XX phys~cal disablihty

cancer -cancer _ genetic charactenstic - enetlccharacteristic g

XX (Circle one) filing; ...xL (Circle one) filing;
Protesting; participating in Protesting; participating in investigation (retaliation for) Investigation (retaliation for) _

marital status manta1 status sexual orientation -sexual onentation

...KX.. mental disability mental d~saolllty

_religion rellg~on

race/color -race~w~or

assoaatlon association

~other(sp<lCify)-=C=-F=-RA=-Z o f i e r CFRA

(m)

the reason given by the reason given by

Mr P e t e Bryan Chie Executive O f f i c e r o Kern Medica Cente Mr.. Peterr Bryan,, Chieff Executive Officer off Kern Medicall Centerr Name of Person and Job Title Name of Person and Job Title

Was because Was because [please of [please state state what you believe to you believe to be reason(s)] be reason(s)]

Please see attachment Please see attachment..

IIwish to pursue this matter in court. II hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. II understand that if II wlsh to pursue this matter in court. hereby request that the Department of Fair Employment and Housrng provide a right-to-sue notice. understand that if t want a federal notice of right-to-sue, II must visit~the US. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the want a federal notice of right-to-sue, must v i s the U S. Equal Employment Opportunity Commission (EEOC) to frle a complaint within 30 days of recelpt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Notice of Case Closure." or within 300 days of the alleged drscrimlnatory act, whichever is earlier.

II have not been coerced into making this request, nor do II make it based on fear of retaliation if II do not do so. II understand it is the Department of Fair have not been coerced into making this request, nor do make it based on fear of retaliation if do not do so. understand it is the Department of Fair Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the b a s k of "Complainant Elected Court Action."
IIdeclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters declare under penalty of perjury under the laws of the State o f California that the foregoing i s true and correct of m y own knowledge except as t o matters stated o n my information and belief, and as t o those matters believe it to be true. stated on my information and belief, and as to those matters II believe it to be true. ..

DatedlDated

7-31I -- tJ t 3 -06
City City
DATE FILED DATE FILED.

COMPLAINAM SIGNATURE

~t At

Glendale Glendale

AUG 031006 0 3 2806
1 ,r.P,'· !jiP .!..JLt ./
STA'1£ d~,~\j:'tmNIA A ST&E B + ~ ~ S N I

-1; ! ,-.;'\. ..... ~¥, . . . ••) , ~ , - 'yi\lill-NT -'....1" !;t$;il°"'0'" ~L 1 ' L, , ~ l ~ , j t r1\1

DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

3!'-\ ' 9 CI i 1 LH\lil !-1[)i \~It\I~-

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 37 of 75

RIGHT-TO-SUE COMPLAINT INFORMATION SHEET RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a company and an individual(+ please complete separate complaint forms naming the company or an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return with your signed complaint(s): return with your signed complaint(s): YOUR RACE:/ETHNICITY (Check one) YOUR RACE:lETHNICITY (Check one) - African-American African-American - African -- Other African Other _ Asian/Pacific Islander (specify) - AsianIPacific Islander (specify) XX xx Caucasian (Non-Hispanic) - Caucasian (Non-Hispanic) - Native American Native American _ Hispanic(specify) - Hispanic(specify)
YOUR PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify) Enqlish English
YOUR AGE: YOUR AGE:
&_1 5 7

YOUR GENDER: YOUR GE~JQJ;R:

- Female x Male Female & Male xx

_

_

IF FlLlNG BECAUSE OF YOUR NATIONAL IF FILING BECAUSE OF YOUR NATIONAL ORIGINIANCESTRY. YOUR NATIONAL ORIGIN/ANCESTRY. YOUR NATIONAL ORIGINIANCESTRY (specify) ORIGIN/ANCESTRY (specify) IF FlLlNG BECAUSE OF DISABILITY, IF FILING BECAUSE OF DISABILITY, YOUR DISABILITY: YOUR DISABILITY: AIDS AIDS - Blood/Circulation BloodICirculation - Brain/Nerves/Muscles Brain/Nerves/Muscles _ Digestive/Urinary/Reproduction - Digestive/Urinary/Reproduction _ Hearing - Hearing Heart Heart xx Limbs (Arms/Legs) xx Limbs (ArmsILegs) xx Mental xx - Mental Sight - Sight - Speech/Respiratory SpeechIRespiratory Spinal/Back SpinalIBack

YOUR OCCUPATION: YOGR OCCUPATION: - Cleric31 Ciericsl - Craft Craft _ Equipment Operator - Equipment Operator - Laborer Laborer _ Manager - Manager _ Paraprofessional - Paraprofessional xx ..Lx Professional - Professional - Sales Sales - Service Service _ Supervisor - Supervisor - Technician Technician

-

-

-

HOW YOU HEARD ABOUT DFEH: HOW YOU HEARD ABOUT DFEH: xx xx Attorney - Attorney - Bus/BART Advertisement BusIBART Advertisement Community Organization Community Organization - EEOC EEOC - EDD EDD - Friend Friend - Human Relations Commission Human Relations Commission - Labor Standards Enforcement Labor Standards Enforcement _ Local Government Agency - Local Government Agency - Poster Poster - Prior Contact with DFEH Prior Contact with DFEH - Radio Radio _ Telephone Book - Telephone Book - TV TV - DFEH Web Site DFEH Web Site
-- -

IF FlLlNG BECAUSE OF MARITAL STATUS, IF FILING BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) Cohabitation Cohabitation -Divorced Divorced - Married Married _ Single - Single IF FlLlNG BECAUSE OF RELIGION, IF FILING BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION: (specify)

DO YOU HAVE AN ATTORNEY WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES", YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. No

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE OF SEX, THE REASON: Harassment Harassment - Orientation Orientation _ Pregnancy Pregnancy _ Denied Right to Wear Pants Denied Right to Wear Pants _ Other Allegations (List) - Other Allegations (List)

PLEASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE PROVIDE YOUR ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER: Eugene D. Lee, Esq. (SB# 236812) Eugene D. Lee, Esq. (SB# 236812)
Law Office of Euqene Lee Law Office of Eugene Lee
445 South Figueroa Street, Suite 2700 445 South Figueroa Street, Suite 2700

-

-

DFEH-300-03-1 (01/05) DFEH-300-03-1 (01105) Department of Fair Employment and Housing Department of Fair Employment and Housing State of California State of California

~Ana:3i:~
oursignature

Los Angeles, CA 90071

date

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

EMPLOYMENT * * * EMPLOYMENT * * *

COFjIPLAINT !BNDER COrllPLAINT OF DISCRIMINATION UNDER DFEH #~~~~~.-.....""-DFEH # PROVIS1ONS CALlFORNlA THE PROVISIONS OF THE CALIFORNIA DFEH USE ONLY DFEH USE FAIR EMPLOYMENT AND HOUSING ACT FAlR EMPLOYMENT FAIR EMPLOYMENT HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
~

COpy COPY

Page 38 of 75

-

NAME (indicate Mr. Ms.) YOUR NAME (indicate Me or Ms.) Mr. David F. Jadwin, DO, Mr. David F . Jadwin,
ADDRESS

FCAP

TELEPHONE NUMBER (INCLUDE AREA CODE) (818) 541-0496 (818) 541-0496

3184 Beaudrv Terrace 3184 Beaudry Terrace
CITYISTATEIZI P CITY/STATE/ZIP Clendale, 91208-1745 Glendale, CA 91208-1745
COUNTY Los Angeles Los Angeles COUNTY CODE COUNTY

NAMED EMPLOYER, PERSON, AGENCY, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
N.-\ME h ME

; : n Medical Center r r:ern Medical Center
; .. ·DRESS F DRESS 1330 Flower Street i 3 3 0 Flower Street

NUMSER TELEPHONE NUMBER (Include Area Code) (661) 326-2000 (661)326-2000 DFEH USE DFEH USE ONLY COUNTY Kern Kern
DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE RECENT CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10, 2006 T o O K PLACE (month. day. july 1 0 , 2 0 0 6 I

CITYISTATEIZIP CITY/STATE/ZIP

COUNTY COUNTY CODE

':akersfield, CA ~akersfield, CA -

93305-4197 93305-4197

NO. OF EMPLOYEES/MEMBERS (if known) NO. EMPLOYEESIMEMBERS known) Approx. 1 , 3 0 0 Approx. 1,300 THE PARTICULARS ARE THE ARE

: RESPONDENT CODE

On July On July

10, 10,

2006 2006

I was I Was

fired fired _laid off =laid of demoted demoted _harassed harassed __ -genetic characteristics testing charaderisbcs testlng X X f o r ~ e d quit ~forced to

_ -denied employment denled
_ -denied promotion denled pmmobon

Ax --.XX

denied transfer denled transfer

_ _ impermissible non-job-relatedinqully _ denied pregnancy accommodation -impermlssrble non-jab-related inquiry denied pregnancy acmrnmcdabon X X o t h e r ( m ) retaliated aqalEt -lQ;other (spe<:ify) re tal iat ed against

XX denied accommodation denied acmmrncdabon

-denied family or medical leave denled famlly medical leave _ _ -denied pregnancy leave denled pregnancy _ denied equal pay -denled equal _ -denied right to wear pants denled nght pants

by Mr. Peter Bryan, et al. by Mr. Peter Bryan, et al.
Name of Person Person
sex

Chief Executive Officer of Kern Medical Center Chief Executive Officer of Kern Medical Center directortetc.) Job Title (supervisor/manager/personnel director/etc.)
XX physical disability -phys~cal Xi[ disabll~ty cancer _ genetic characlen.tic -genet~c charactenstlc

because my: because of my:

-sex _age -age
-religion _religion

_ national origin/ancestry nat~onal ongldancestry marital status manta1

..xx.. mental disability X X mental d~sabll~ty

(Circle one) flllng, ...xL (Circle one) filing;

__sexual onentatton sexual orientation
association assoaat~on
~olt1er(speafy)----".C,,-F~RA,-,X X oher(speuiy) CFRA

_ race/color race/w!or

Protest~ng, partlc~patlng In Protesting; participating in lnvestlgatlon (retallatlon for) investigation (retaliation for) _

the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center reason given
Name of Person and Job Title

Was because Please see attachment. VVas because Please see attachment. [please of [please state what you believe you believe to be reason(s)] be reason(s)]
I wish to pursue this matter in court. I hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. I understand that if I I wlsh in court. want a federal notice of right-to-sue, I must visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the U.S. Equal (EEOC) of right-to-sue. I DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH alleged act, I have not been coerced into making this request, nor do I make it based on fear of retaliation if I do not do so. I understand it is the Department of Fair r Into request, make based I I Fa~ have been reopen been closed "Complainant Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action."

:::00 IF;'j'dobeIiOf'
Dated ~t At

I penaity o f of of of to I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters and as t o those matters I believe i t t o be t r u C -. ,od

"tolli~O~_'IiOI;"'~~~_

COMPLAI~
DATE FILED: DATE FILED:

.

_

Glendale Glendale
City

RECEPJED

(01105) DFEH-300-03 (01/05) DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING FAlR EMPLOYMENT

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 39 of 75

RIGHT-TO-SUE INFORMATION RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
3 r li-i , - ~ d s?$,?rate signed compla~nt eacn ernp~<~,?r, person, lsbor organ~za:ii>ii, empioyment a g e ICY, QF'::H ""cds sa separate signed complaint for each emfJ1'jy:;r, person, labor organiZ3tioll, employment age'icy, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprent~ceshrpcomm~ttee, local wlsh agalnst fil~ngaga~nst both and ~ndiwdual(s), naming ind~vidual in company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area.

Please DFEH DFEH Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return with your signed complaint(s): return
YOUR RACE:/ETHNICITY (Check one) African-American - African-American African - Other - African - Other _ AsianIPacific Islander (specify) - Asian/Pacific Islander (specify) xx Caucasian xs - Caucasian (Non-Hispanic) - Native American Native American _ Hispanic(specify) - Hispanic(specify). YOUR PRIMARY LANGUAGE (specify) LANGUAGE (specify) Enqlish English YOUR AGE:
5 7 22

xx YOUR GENDER: - Female A Male X GENDER:
YOUR OCCUPATION: OCCUPATION: _

- Clerical Clerical
- Craft Craft Equipment Operator Laborer - Laborer - Manager Manager - Paraprofessional Paraprofessional xx ~x Professional - Sales Sales Service _ Supervisor - Supervisor - Technician Technician

_

IF FILING BECAUSE OF YOUR NATIONAL IF FlLlNG BECAUSE ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY, NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY IF FILING BECAUSE OF DISABILITY, IF FlLlNG BECAUSE DISABILITY, DISABILITY: YOUR DISABILITY: AIDS - AIDS - Blood/Circulation BloodICirculation - Brain/Nerves/Muscles BrainINerveslMuscles - Digestive/Urinary/Reproduction DigestivelUrinarylReproduction _ Hearing - Hearing - Heart Heart xx xx (ArmsILegs) - Limbs (Arms/Legs) xx Mental xx Mental _ Sight - Sight _ SpeechIRespiratory - Speech/Respiratory _ SpinalIBack - Spinal/Back IF FILING BECAUSE OF MARITAL STATUS, IF FlLlNG BECAUSE YOUR MARITAL STATUS: (Check one) STATUS: - Cohabitation Cohabitation - Divorced Divorced Married Married _ Single - Single

HOW YOU HEARD ABOUT DFEH: HEARD

xx xx - Attorney - Bus/BART Advertisement BuslBART Advertisement - Community Organization Community Organization
- EEOC EEOC

- EDD EDD - Friend Friend - Human Relations Commission Human Relations Commission - Labor Standards Enforcement Labor Standards Enforcement - Local Government Agency Local Government Agency - Poster Poster - Prior Contact with DFEH Prior Contact with DFEH - Radio Radio _ Telephone Book - Telephone Book - TV n/ - DFEH Web Site DFEH Web Site
DO YOU HAVE AN ATTORNEY WHO HAS AGREED DO HAVE HAS TO REPRESENT YOU ON YOUR EMPLOYMENT ON EMPLOYMENT DISCRIMINATION IN IF DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES", BE "YES". YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. DFEH No PLEASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE NAME, ADDRESS AND PHONE NUMBER: PHONE NUMBER:

IF FlLlNG BECAUSE RELIGION, IF FILING BECAUSE OF RELIGION, YOUR RELIGION: (specify) RELIGION: (specify)

IF FILING BECAUSE SEX, REASON: IF FILING BECAUSE OF SEX, THE REASON: Harassment - Harassment - Orientation Orientation _ Pregnancy - Pregnancy _ Denied Right to Wear Pants - Denied Right to Wear Pants _ Other Allegations (List) - Other Allegations (List)
DFEH-300-03-1 (01/05) DFEH-300-03-1(01105) Housing Department of Fair Employment and Housing California State of California

Eugene D Lee, Esq. (SB# 236812) Eugene D.. Lee, ESq' (SB# 236812) Law Office of Euqene Lee Law Office of Eugene Lee
445 South Figueroa Street, Suite 2700 445 South Figueroa Street, Suite 2700

c~fZ:zr~
Your Signature your

Date

plot

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

THE PFaOVlSlONS OF THE CALIFORNIA THE PROVISIONS OF THE CALIFORNIA DFEH USE ONLY DFEH USE ONLY FAlR EMPLOYMENT AND HOUSING FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
YOUR NAME (lndlcate Mr Ms YOUR NAME (indicate Mr. or Ms.))

* * * EMPLOYMENT * * * NOT FOR SERVICE EMPLOYMENT *NOT FOR SERVICE COMPL~dNT OF D!SCRIMINATION UNDER CO?::P'_FtfNT OF D!SC21MlNATION UNDE3 DFEH it DFi::-! ,#
NUMBER (INCLUDE CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818 541-0496 (818)) 541-0496

Page copy 40 of 75 COPY

Mr. David F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP
ADDRESS ADDRESS 3 1 8 4 Beaudry Terrace 3184 Beaudry Terrace ClTYlSTATElZlP CITYISTATE/ZIP

Glendale, CA 9 1 2 0 8 - 1 7 4 5 Glendale, CA 91208-1745

Los Angeles Los Angeles

COUNTY

COUNTY CODE COUNTY CODE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT DISCRIMINATED ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAME NAME

Mr. Peter Bryan Mr. Peter Bryan
ADDRESS

TELEPHONE NUMBER (Include Area Code) TELEPHONE NUMBER (Include Area Code) (661) 326-2000 (661)326-2000 1

DFEH USE ONLY DFEH USE ONLY COUNTY CODE COUNTY CODE

Kern Medical Center, 1 8 3 0 Flower Street Kern Medical Center, 1830 Flower street
ClTYlSTATElZlP CITYISTATE/ZIP COUNTY

:

Bakersfield, CA 9 3 3 0 5 - 4 1 9 7 Bakersfield, CA 93305-4197
NO OF EMPLOYEESIMEMBERS ( ~ f NO. OF EMPLOYEES/MEMBERS (if known) Approx 1 300 Approx. 1,, 3 0 0

Kern Kern
DATE MOST CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10, 2006 PLACE (month, day, and July 1 0 , 2 0 0 6
: RESPONDENT CODE ; RESPONDENT CODE

.

THE PARTICULARS ARE. THE PARTICULARS ARE

On J U ~ 10, 1 On July Y.0,

2006 2006

I was I was

fired laid off demoted - M demoted -harassed harassed
-? f -O

L X

genehc characteristics tesbng _ _ genetic characteristics testing

Xxforced to qu~t --1Q::forced to quit

_ denied -denied employment dented -deniedfamily or medical leave famtly or medical leave _ denred pregnanq leave -denied emooyment denled promotion promobon _dented pregnancy leave _ -demed transfer denledtransfer -denied equal pay denled equal XX denied ammodation _ denied ngM to -denied aa:ommodation -denled right to wear pants pants _ _ lmpennissible non-job-related inquiry _ denied pregnancy acoommodation -Impermisstblenon-job-relatedlnqutry denied pregmncy ammmodation XXoher(speafy) retaliated aqainst -Molher(spedfy) retaliated against _ _

by by

Mr. Peter Bryan, et al. Mr. Peter Bryan, et al.
Name Person Name of Person

Chief Executive Officer of Kern Medical Center Chief Executive Officer of Kern Medical Center
Job Title (supervisorlmanagerlpersonnel directorletc.) (superv~sor/manager/personnel

because my: -age sex because of my: -"" _age
-reltgion _religion -race/color race~w~or

natlonal ong~nlancestry _ national origin/ancestry marital status manta1status
_sexual onentatlon sexual orientation

XX physlcaldtsabil~ty ~ physical disability

..xx.. mental disability mental disability

-cancer cancer _ g enellc characterislic -genetic charactensttc

(Circle one) flllng, ...KL (Circle one) filing;

assouation assoaation

~o e 1 X X olher(specify)---=C=-F::..:RA::..:mr( CFRA

Protesting, partlclpatlng In Protesting; participating in investigation (retaliation for) investigat~on
~

Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center reason given
Name of Person and Job Title

Was because Please see attachment. because Please see attachment. of [please [please state what you believe to believe be reason(s)] reason(s)]
I wish to pursue this matter in court. I hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. I understand that if I I I I want a federal notice of right-to-sue, I must v ~ s ithe U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt o f the I visit t U.S. Equal of DFEH "Not~ce Case Closure." or within 300 days of the alleged discr~minatory DFEH "Notice of Closure," discriminatory act, whichever is earlier.

I have not been coerced into making this request, nor do I make it based on fear of retaliation if I do not do so. I understand it is the Department of Fair I I I Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." "Complainant Elected Action" I declare under penalty o f perjury under the laws o f the State o f California that the foregoing i s true and correct of my own knowledge except as t o matters of of of is to
::t:: on

7

Inf;;atio:a; belief, and as to those matters I

bel_ie_v_e_it_t_o_b_~ --~--'-C-O-M-P-:-IN-~-\~:-Tt-'S-S-IG-N-A-TBEC "lED E
__ U_J_.

~t At

Glendale Glendale
City DATE FILED: FILED

AUG 032006 DEPT i-( tlViENT Af\jD HOUSiNG
STATE OF CALIFORNIA

DFEH-300-03 (01105) (01105) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING FAIR AND

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 41 of 75

RIGHT-TO-SUE COMPLAINT INFORMATION RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
OFEH needs s~gnedconlplaint fdr each e m p ! o j ~ organization, einploynlent aS?ncy, DF:::H n88eJ3 a separate signed complaint for each emp!o/d, r ,person, labor organization, employment agency, committee, state local you wish to file against. apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a you are filing both company and an individual(s), please complete separate naming the an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area.

Please complete the following so DFEH can process and DFEH purposes, and Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return with your signed complaint(s): return with your signed complaint(s):
YOUR RACE:lETHNICITY (Check one) YOUR RACE:/ETHNICITY (Check one) African-American - African -- Other African Other _ Asian/Pacific Islander (specify) - AsianIPacific Islander (specify) xxa Caucasian (Non-Hispanic) : - Caucasian (Non-Hispanic) Native American Native American _ Hispanic(specify) - Hispanic(specify) YOUR GENDER: YOUR GENDER:

- Female x x Male Female xx Male

_

-

_

YOUR PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify) English Enqlish

YOUR AGE: YOUR AGE:

~2 .2.-..2.

IF FILING BECAUSE OF YOUR NATIONAL IF FlLlNG BECAUSE OF NATIONAL ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY. YOUR NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY (specify) IF FILING BECAUSE OF DISABILITY, IF FlLlNG BECAUSE OF DISABILITY, YOUR DISABILITY: YOUR DISABILITY: - AIDS AIDS - Blood/Circulation BloodlCirculation - Brain/Nerves/Muscles BrainINerveslMuscles _ Digestive/Urinary/Reproduction - DigestiveIUrinarylReproduction _ Hearing - Hearing - Heart Heart xx Limbs (ArmsILegs) xx - Limbs (Arms/Legs) xx Mental xx - Mental _ Sight - Sight _ Speech/Respiratory - SpeechlRespiratory _ Spinal/Back - SpinallBack IF FILING BECAUSE OF MARITAL STATUS, IF FlLlNG BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) - Cohabitation Cohabitation - Divorced Divorced - Married Married _ Single Single IF FILING BECAUSE OF RELIGION, IF FlLlNG BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION: (specify)

YOUR OCCUPATION: YOUR OCCUPATION: Clerical - Clerical Craft - Craft _ Equipment Operator - Equipment Operator - Laborer Laborer _ Manager - Manager _ Paraprofessional - Paraprofessional xx LX Professional - Professional - Sales Sales - Service Service _ Supervisor - Supervisor - Technician Technician HOW YOU HEARD DFEH: HOW YOU HEARD ABOUT DFEH: xx Attorney xx Attorney BusIBART Advertisement - Bus/BART Advertisement _ Community Organization - Community Organization - EEOC EEOC - EDD EDD - Friend Friend - Human Relations Commission Human Relations Commission - Labor Standards Enforcement Labor Standards Enforcement - Local Government Agency Local Government Agency - Poster Poster - Prior Contact with DFEH Prior Contact with DFEH - Radio Radio _ Telephone Book - Telephone Book

- 1V TV - DFEH Web Site DFEH Web Site
DO YOU HAVE AN ATTORNEY WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR EMPLOYMENT TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING "YES", YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. YOUR ATTORNEY SERVE THIS DFEH COMPLAINT.
xxYes No

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE OF SEX, THE REASON: - Harassment Harassment - Orientation Orientation _ Pregnancy - Pregnancy _ Denied Right to Wear Pants - Denied Right to Wear Pants _ Other Allegations (List) - Other Allegations (List)
DFEH-300-03-1 (01105) DFEH-300-03-1(01105) Department of Fair Employment and Housing Department of Fair Employment and Housing State of California State of Cal~fornia

PLEASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE PROVIDE YOUR ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER: Eugene D, Lee, Esq. (SB# 236812) Euqene D. Lee, Esq. (SB# 236812)
Law Office of Euqene Lee Law Office of Eugene Lee
445 South Figueroa Street, Suite 2700 445 South Figueroa Street, Suite 2700

d~~~\ "!3l(.tJ6 _' ~ -¥---------f~-a-teLos Anqeles, CA 90071

Signature

bate

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

r , $ ~ ? r l,:R: r :-:~SCRI~JI~NAT~C u; co:"~Pt \INT OF elseRIMINAT/ON UilDER~ ~ THE ;'i<OV~S30;i.d5 OF THE CALlFORNlA THE Pi{OVlSiONS OF THE CALIFORNIA
YOUR NAME (~ndlcate or Ms Mr YOUR NAME (indicate Mr. or Ms.))

* * * EMPLOYMENT * * * * * * EMPLOYMENT * * * DY;Z: 1 .'f -

COpy COPY

Page 42 of 75

DFEH USE ONLY DFEH USE ONLY

FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENTAND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Mr. David F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP
ADDRESS ADDRESS 3 1 8 4 Beaudrv Terrace 3184 Beaudry Terrace ClTYlSTATEIZlP CITY/STATE/ZIP Glendale, CA 9 1 2 0 8 - 1 7 4 5 Glendale, CA 91208-1745 COUNTY COUNTY T,os -. p l pc, a Los Angeles - - - A n2---COUNTY CODE COUNTY CODE

TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818) ) 541-0496 (818 541-0496

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAME NAME

Dr. Irwin Harris Dr. Irwin Harris
ADDRESS ADDRESS

TELEPHONE NUMBER (Include Area Code) TELEPHONE NUMBER (Include Area Code) (661) 326-2000 (661)326-2000 1 I

DFEH USE ONLY DFEH USE ONLY
COUNTY CODE COUNTYCODE

Kern Medical Center, 1 8 3 0 Flower Street Kern Medical Center, 1830 Flower Street ClTYlSTATElZlP COUNTY COUNTY CITY/ST ATE/ZI P Bakersfield, CA 9 3 3 0 5 - 4 1 9 7 Kern Bakersfield, CA 93305-4197 Kern NO. OF EMPLOYEESIMEMBERS (if known) DATE MOST RECENT OR CONTINUING DISCRIMINATION NO. OF EMPLOYEES/MEMBERS (if known) DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10,, 2006 Approx 1 , 3 0 0 2006 TOOK PLACE (month, day, and year) July 1 0 Approx. . 1,300
THE PARTICULARS ARE: THE PARTICULARS ARE:

:i RESPONDENT CODE RESPONDENT CODE

On July y On ~ u l 10, 2006 10, 2 0 0 6

II was - off Was -laid laid 0 ,

fired fired

AXX demoted X demoted

harassed -harassed _ _ genetic characteristics testing genetic charadensticstesbng ~forced to quit X X f o r c e d to qu~t

-

_ denied employment -&nied employment _ denied promotion -dented promotion _ denied transfer -denledtransfer ~ denied accommodation denled acmmrncdabon _ _ impermissible non-jab-related inquiry -impermissible non-job-related lnqulry

2

_ denied family or medical leave denled fan;lly or rned~cal leave _ denied pregnancy leave -denledpregnancy leave _ _ denied equal pay -dented equal pay _ _ denied right to wear pants denled right to wear pants _ _ denied pregnancy accommodation denied pregnancy acmmmcdabon

-

-

-lQS;olher(spedfy) retaliated against XXomer(specty) retaliated aqaizt

by by

Mr. Peter Bryan, et al. Mr. Peter Bryan, et al. Name of Person Name of Person
-sex -age _age

Chief Executive Officer of Kern Medical Center Chief Executive Officer of Kern Medical Center Job Title (supervisor/manager/personnel director/etc.) Job Title (supervisorlmanagerlpersonnel directorletc.)
XX physlcal disability ~ physical disability

because my: because of my:

sex

_ _ national origin/ancestry natlonal ong~ntancestry

_

reig~on _~religion

_

manta1 status marital status
-sexual onentabon sexual orientation
assouat~on assodation

-mental dtsablllty XX .xx.. mental disability
XX

_

cancer -cancer 9 e n e charactensbc -genetickcharacteristic

XX (Circle one) filing; ...KX- (Circle one) filing;
Protesting; participating in Protesting; participating in investigation (retaliation for) investigation (retaliation for)
_

-race~mior race/color

~ olher(specify)---=:C=-F.ooRA"-'other(spmfy)

CFRA

Mr. Peter Bryan, Chief Executive officer of Kern Medical Center the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center the reason given
Name of Person and Job Title Name of Person and Job Title

Was because please see attachment. Was because Please see attachment. [please of [please state state what you believe to you believe to be reason(s)] be reason(s)]
wish to pursue in court. request the Fair and Housing notice. understand II wish to pursue this matter in court. II hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. II understand that if II want a federal notice of right-to-sue, I must visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the right-to-sue, I vislt U.S. Equal Opportunrty (EEOC) complaint 30 of DFEH Case Closure," 300 alleged act, is earlier. DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. Into making request, make based on I so. I understand is been I have not been coerced into making this request, nor do I make it based on fear of retaliation if I do not do so. I understand it is the Department of Fair process reopen complaint once complaint has been closed on basis Elected and Housing's Employment and Housing'S policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action."

I declare laws I declare under penalty of perjury under the laws of the State of California that the foregoing i stated on my info ation and belief, and as to those matters I belie' true.

knowledge except as to matters

O Dated _--l-+----''-'-I-_ Dated

/
~t At

'

_?

_
COMPLAINANT'S SIG COMPLAINANTS SIGN. I

-

.

Glendale Glendale
City

~r C.. , \ r\C~-.Jl_~ 'J ,~

I FD
L.\J1MENT

AUG 03 Z006 i3 3 PfiOE
DATE FILED: DATE FILED:

DEPT. Jr iil.\rI

DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING FAIR

A~\\D qnl \C:,\l\\~ . j \ s¥J>!ff.' lY~CALIFORNIA

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 43 of 75

RIGHT-TO-SUE COMPLAINT INFORMATION RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
C i - E i neeJ-, 2 aeparate srgned corr,,d~nt enploysr, person, ianor c)igd:ll/L.tlCii;, 2nlpiujment ,;-,?cy Cr:c::Hi needs a separate signed complaint for each employer, person, labor organization, employment "'Jeney, apprentrceshrp commrttee, local w ~ s to agalnst apprenticeship committee, state or local government agency you wish h file against. If you are filing against both a agalnst both indlvidual(s), narnlng ind~vidualIn company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate appropriate area.

DFEH DFEH purposes, Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return return with your signed complaint(s): RACE:/ETHNICITY YOUR RACE:lETHNICITY (Check one) African-American - African-American African - Other - African - Other _ Asian/Pacific Islander (specify) - AsianIPacific Islander (specify) XX xx Caucasian jrJon-Hispanic) - Caucasian (r'Jon-Hispanic) Native American Native American _ Hispanic(specify) - Hispanic(specify) YOUR GENDER:

- Female x Male Female xx

YOUR OCCUPATION:
_

- Clerical Clerical - Equipment Operator Equipment Operator - Laborer Laborer _ Manager - Manager _ Paraprofessional - Paraprofessional
_

-

- Craft Craft

_

YOUR PRIMARY LANGUAGE (specify)
English Enqlish

- Sales Sales
5 r _ 7l

xx .x.x Professional - Professional

YOUR AGE:

- Service Service _ Supervisor - Supervisor

IF FlLlNG IF FILING BECAUSE OF YOUR NATIONAL ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY. NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY IF FlLlNG IF FILING BECAUSE OF DISABILITY, DISABILITY: YOUR DISABILITY: AIDS - AIDS - Blood/Circulation BloodICirculation - Brain/Nerves/Muscles Brain/Nerves/Muscles - Digestive/Urinary/Reproduction DigestivelUrinarylReproduction - Hearing Hearing - Heart Heart xx Limbs (Arms/Legs) (ArmsILegs) xx xx Mental - Mental _ Sight - Sight _ Speech/Respiratory SpeechIRespiratory _ Spinal/Back SpinalIBack

- Technician Technician
HOW YOU HEARD ABOUT DFEH: HEARD DFEH: xx Attorney Bus/BART Advertisement BusIBART Advertisement Community Organization Community Organization - EEOC EEOC EDD EDD - Friend Friend - Human Relations Commission Human Relations Commission Labor Standards Enforcement Labor Standards Enforcement _ Local Government Agency Local Government Agency Poster Poster - Prior Contact with DFEH Prior Contact with DFEH Radio Radio _ Telephone Book Telephone Book

-

-

-

Tv - TV - DFEH Web Site DFEH Web Site

IF FlLlNG BECAUSE IF FILING BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) STATUS: - Cohabitation Cohabitation - Divorced Divorced - Married Married _ Single - Single
IF FILING BECAUSE OF RELIGION, IF FlLlNG BECAUSE RELIGION, YOUR RELIGION: (specify) RELIGION:

HAVE HAS DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR EMPLOYMENT ON DISCRIMINATION IN IF DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES", YOU WILL BE RESPONSIBLE FOR HAVING "YES". BE HAVING DFEH YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. xxYes -

- No

PLEASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE NAME, PHONE NUMBER: ADDRESS AND PHONE NUMBER:
Eugene D, Lee, Esg. (SB# 236812) Euqene D . Esq. (SB# 2 3 6 8 1 2 )
O f f i c e of Euqene Law Office of Eugene Lee

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE SEX. REASON: - Harassment Harassment Orientation - Orientation _ Pregnancy - Pregnancy _ Denied Right to Wear Pants - Denied Right to Wear Pants _ Other Allegations (List) - Other Allegations (List)
DFEH-300-03-1 (01/05) (01105) DFEH-300-03-1 Department of Fair Employment and Housing Department F a ~ r Houstng State of California Cal~forn~a

445 South Figueroa Street,, Suite 2700 445 Figueroa S t r e e t S u i t e 2700

LOSAn~
W ~ i ~ n a t u r e date

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

COMPLAINT OF DIScR!:AlPt -\TI "i4 'J: r:! 2 COMPLAINT OF DISCR1~JlIi'L\TION U:r),,:R THE PF(OVlS10idS OF T H E CALiiORhlA THE PROVISIONS OF THE CAliFORNIA FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT
YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicate Mr. or Ms.) Mr. David F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP ADDRESS ADDRESS 3 1 8 4 Beaudrv Terrace 3184 Beaudry Terrace CITYISTATEIZIP CITY/STATE/ZIP

EMPLOYMENT * * * * EMPLOYMENT * * *
DFf::;~7 ~ 7 # 3

Page 44 COpy of 75 COPY
..--

: ~

SERVICE NOT FOR SERVICF
"

-"-

- ---".

DFEH USE ONLY DFEH USE ONLY

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
TELEPHONE NUM BER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) ( 8 1 8 541-0496 (818) ) 541-0496

;:endale, CA 91208-1745 Glendale, CA 91208-1745

Los '> j-les Los .:"'.....'l.·=-leles

COUYTY COUNTY

COUNTY CODE COUNTY CODE

NAME NAIVE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGzrlCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT Ac;l::r~cY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WH3 DISCRIMIhIATED A W I N S T _ ; ' OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMIt'-JATED AGAINST r,1[ - - -_
Dr. Eugene Kercher Dr. Eugene Kercher
l

.-------.- '---TELi:;-fic;';,E NUMBER (Include Area Code) I L L _ r i \IE NUMBER (Include Area Code) ~

ADDRESS ADDRESS

DFEH USE ONLY DFEH USE ONLY COUNTYCODE COUNTY CODE

Kern Medical Center, 1830 Flower Street Kern Medical Center, 1830 Flower Street
ClTYlSTATElZlP CITY/STATE/ZIP 3akersfield, CA 93305-4197 Bakersfield, CA 93305-4197 NO. OF EMPLOYEESIMEMBERS (if known) NO. OF EMPLOYEES/MEMBERS (if known) Approx. 1,300 Approx. 1,300 THE PARTICULARS ARE: THE PARTICULARS ARE: COUNTY COUNTY Kern Kern
DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10, 2006 TOOK PLACE (month, day, and year) July lo, 2006
tired fired __ laid off 1a1dOR demoted ..KZdemoled harassed -harassed
_ denied employment -denledemployment _ denied promobon -denledpromotion denied lIansfer demed transfer XX denied accommodation denled accommcdahon _ _ impermissible non-jab-related inquiry ~mpen~sslble non-job-related Inquiry ..KZolher(spedfy)y ) retaliated XXo~er(speaf retaliated

I
'

:l RESPONDENT CODE RESPONDENT CODE

On July 10, 2006 On July 10, 2006

I1 was was

xx

_ denied pregnancy leave denled pregnang leave __ denied equal pay denled equal pay against aqalnst

_ _ denied family or medical leave denied famlly or medical leave

_ _ genetic characteristics testing genetlc charadensbcs testlng ~forced to quit X x f o r c e d to qult

-

-

_ denied nght to wear pants -denledright to wear pants _ _ denied pregnancy accommodation denled pregnancy acmmmcdabon

-

by by

Mr. Peter Bryan, et al. Mr. Peter Bryan, et al. Name of Person Name of Person
sex

Chief Executive Officer of Kern Medical Center Chief Executive Officer of Kern Medical Center Job Title (supervisor/manager/personnel director/etc.) Job Title (supe~isorlmanagerlpersonneldirectorletc.) ..M physical disabiiity -phys~ca~ XX d~sab~i~ty .xx. mental disability X X mental disabiltty ..Molher(spedfy)-::eC.=..F.:..:RA=-=-X o f i e r (speafy) CFRA
cancer cancer
genetic charactel;stic -genetic charactenst~c

because of my: because of my:

_ _ national origin/ancestry nattonal ongin~ancestry
marital status _manta status

_age -age
_religion -religion race/color raceico~or

-"""

XX (Circle one) filing; ...xL (Circle one) filing;
Protesting; participating in Protesting; participating in investigation (retaliation for) ~nvestigation (retaliation for) _

_sexual onentabon sexual orientation
assodation assouation

the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center
Name of Person and Job Title Name of Person and Job Title

Was because Please see attachment. Was because Please see attachment. [please of [please state state what you believe to you believe to be reason(s)] be reason(s)]
II wish h pursue this matter in court. II hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. II understand that if II w ~ s to pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. understand that if to want a federal notice of right-to-sue, must visit the U S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the want a federal notice of right-to-sue, II must visit the US. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. II have not been coerced into making this request, nor do II make it based on fear of retaliation if II do not do so. II understand it is the Department of Fair~ r have not been coerced into making this request, nor do make it based on fear of retaliation ~f do not do so. understand ~tis the Department of F a Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action."

::,:: on m~,,,~,;n.n 6bt" .n' uto 'h~. m.tt.~, b'g~. ~ Dated
/
\ I

declare under penalty of perjury under the laws of the State o California that the foregoing i s true and correct of my own knowledge except as t o matters IIdeclare under penalty of perjury under the laws of the State off California that the foregoing is true and correct of my own knowledge except as to matters

_

At ~t

Glendale

COMPLAINANTS SIGNAF?E

Glendale
City City
DATE FILED: DATE FILED:

CEt\l ED
I

AUG 032006

DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

DEPT, Gr-t/-un l.iViiL.VIIVIENT
l).l\i!) Wil'I('II).[['
. Ii;./

siA;\-:Ji;~.:cALlFORNIA

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 45 of 75

RIGHT-TO..SUE COMPLAINT INFORMATION SHEET RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
DFcH needs a sC:!';:rJ'e signed comi:laint for each empli;y:r, signed complaint for each emplc;:Jr, person, laoor orgrcni;d:::ii, ,n, employr~12rit ?L.?i:Cy, person, labor organiZd( employment Tj":i1Cy, DFEH rieeds a s~;\..i_;te apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a company and an individual(s), please complete separate complaint forms naming the company or an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return with your signed complaint(s): return with your signed complaint(s): YOUR RACE:lETHNICITY (Check one) YOUR RACE:/ETHNICITY (Check one) African-American - African-American African - Other - African - Other _ Asian/Pacific Islander (specify) - AsianIPacific Islander (specify) xx Caucasian (Non-Hispanic) - Caucasian (Non-H~spanic) Native American - Native American _ Hispanic(specify) - Hispanic(specify) YOUR PRIMARY LANGUAGE (specify)
English Enqlish

YOUR GENDER: YOUR GENDER:

- Female xxx Male Female & Male

_

_

YOUR AGE:

.2.-2 r_l_

IF FlLlNG BECAUSE OF YOUR NATIONAL FILING ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY. ORIGIN/ANCESTRY ORIGINIANCESTRY (specify) FILING DISABILITY. IF FlLlNG BECAUSE OF DISABILITY, YOUR DISABILITY: DISABILITY: AIDS - AIDS Blood/Circulation BloodlCirculation Brain/Nerves/Muscles - BrainINerveslMuscles _ Digestive/Urinary/Reproduction - Digestive/Urinary/Reproduction _ Hearing - Hearing - Heart Heart xx Limbs (ArmsILegs) - Limbs (Arms/Legs) xx Mental xx - Mental _ Sight - Sight _ Speech/Respiratory - SpeechlRespiratory _ Spinal/Back

YOUR OCCUPATION: YOUR OCCUPATION: Clerical - Clerical Craft - Craft _ Operator - Equipment Operator Laborer - Laborer _ Manager - Manager _ - Paraprofessional xx LX Professional - Sales - Service _ - Supervisor - Technician

-

HOW YOU HEARD ABOUT DFEH: xx - Attorney Bus/BART Advertisement - BusIBART Advertisement _ Community Organization - Community Organization - EEOC EEOC - EDD EDD - Friend Friend - Human Relations Commission Human - Labor Standards Enforcement Labor Standards Enforcement - Local Government Agency Local Government Agency - Poster Poster - Prior Contact with DFEH with DFEH - Radio Radio _ Telephone Book - Telephone Book - TV N - DFEH Web Site DFEH Web Site DO YOU HAVE AN WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR EMPLOYMENT TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING "YES". YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. YOUR SERVE THIS DFEH COMPLAINT. xxYes xxYes No -No

IF FILING BECAUSE OF MARITAL STATUS, IF FlLlNG BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: one) Cohabitation - Cohabitation - Divorced Divorced - Married Married _ Single - Single IF FILING BECAUSE OF RELIGION, IF FlLlNG BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION: (specify)

PLEASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE PROVIDE YOUR ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER:
Eugene D. Lee, Esq. (SB# 236812)) Euqene D. Lee, Esq. (SB# 2 3 6 8 1 2

IF FILING BECAUSE OF SEX. THE REASON: IF FlLlNG BECAUSE OF SEX. THE REASON: - Harassment Harassment - Orientation Orientation _ Pregnancy - Pregnancy _ Denied Right to Wear Pants - Denied Right to Wear Pants _ Other Allegations (List) - Other Allegations (List)
DFEH-300-03-1 (01/05) DFEH-300-03-1 (01105) Department of Fair~ Employmentand Housing Department of F a Employment and Housing r State of California State of Cal~fornia

Law O f f i c e of Euqene Lee Law Office of Eugene Lee
4 4 5 South Figueroa S t r e e t S u i t e 2 7 0 0 445 South Figueroa Street,, Suite 2700

~_,/~9~
Date Date

Case 1:07-cv-00026-OWW-TAG

NOT FOR SERVIC' EMPLOYMENT ** ** ** EMPLOYMENT ** ** ** NOT FOR SERVICE
DFZ11 2 DFEH#

Document 241-2

Filed 10/07/2008

(~Opy

COPY of 75 Page 46

CDMPLAINT ;C'.F DfSCRIM!NATION L?:'3ER COMPLAINT C:F DISCRIMINATION UJ'H)ER THE PROVISIGNS OF THE CALlFORNiA THE PROVISIONS OF THE CALIFORNIA FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT
YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicate Mr. or Ms.)

-----

DFEH USE ONLY DFEH USE ONLY

CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Mr. David F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP
ADDRESS ADDRESS 318 Beaudry Terrace 31844 Beaudry Terrace CITYISTATEIZIP CITY/STATE/ZIP Glendale, CA 9 1 2 0 8 - 1 7 4 5 Glendale, CA 91208-1745 COUNTY COUNTY Los Angeles Los Angeles COUNTY CODE COUNTY CODE
TELEPHONE NUM BER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) --- (818) ) 541-0496 (818 541-0496
\

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAldE NAIJlE
TELEPHONE NUMBER (Include Area Code) TELEPHONE NUMBER (Include Area Code) (661)326-2000 (661) 326-2000

Dr. Scott Ragland Dr. Scott Ragland
ADDRESS ADDRESS

I

DFEH USE ONLY DFEH USE ONLY

Kern Medical Center. 1 8 3 Flower Street - . Kern Medical Center, 18300 Flower Street ClTYlSTATElZlP CITY/STATE/ZIP Bakersfield, CA 9 3 3 0 5 - 4 1 9 7 Bakersfield, CA 93305-4197 NO OF EMPLOYEESIMEMBERS (if known) NO OF EMPLOYEES/MEMBERS (if known) Approx 1 , 3 0 Approx. 1,3000 COUNTY COUNTY Kern Kern DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10, , 20066 TOOK PLACE (month, day, and year) JIJ~Y1 0 2 0 0
nred fired -1a1d 0 , _laid off _ denied employment -denledemployment denied promobon -denledpromotion
I

COUNTY CODE COUNTY CODE

.

: IRESPONDENT CODE RESPONDENT CODE

THE PARTICULARS ARE: THE PARTICULARS ARE:

O July 1 0 n On July 10, ,

200 20066

I1was was

XX ~demoted -demoted -

_

-harassed harassed _ _ genetic characteristics testing -genetic charaderisbcs tesbng Xxforced to qui ~forced to quit t

denieddtransfer denie transfer _denied right to wear pants --xx denieddaa:ommodation denle accnmmodafjon denled ngM to wear pants _ _impermissible non-job-related inquiry lmpenissible non-job-related inquiry _denied pregnancy accommodation dmed pregnancymmmodation ~other(spedfy) retaliated against XXother(speafy) retaliated asainst

_- ed famlly w medicalleaw denied family or medical leave denl _ deniedd pregnancyleave denie pregnancy leave _ denied equal pay denled equal pay

by by

Mr. Peter Bryan, et al. Mr. Peter Bryan, et al. Name of Person Name of Person

Chief Executive Officer of Kern Medical Center Chief Executive Officer of Kern Medical Center Job Title (supervisor/manager/personnel director/etc.) ) Job Title (supe~isorlmanagerlpersonneldirectorletc MXXphysical disability phys~ca~ dlsablllty

because of my: -age sex -"" because of my: _age
rellg~on _rel1gion

national ong~n~ancestry _national origin/ancestry

-

-manta1status marital status
-sexual onentatlon sexual orientation

-.XX.. mental disability -mentaldtsablllty XX
Mother(specify)_C:::.F=-.RAo= XX oher(speufy) CFRA

-

cancer _cancer
_genetic characteristic genet~c charactenstic

-race/color race/color

-assouation assodatlon

-

X X (Clrcle one) flllng. .lQL.. (Circle one) filing; Protestcng, part~c~pat~ng In Protesting; participating in investigation (retaliation for) lnvestlgatlon (retallatlon for) _

the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center
Name of Person and Job Title Name of Person and Job Title

Was because Please see attachment. Was because Please see attachment. of [please of [please state what state what you believe to you believe to be reason(s)] be reason(s)]
w~sh pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. understand that if to I Iwish to pursue this matter in court I Ihereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. I Iunderstand that if I I want a federal notice of right-to-sue, must visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the want a federal notice of right-lo-sue, I Imust visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. have not been coerced into making this request, nor do make it based on fear of retaliation if do not do so. understand it is the Department of F a IIhave not been coerced into making this request, nor do IImake it based on fear of retaliation if IIdo not do so. rIunderstand it is the Department of Fair~ r Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment and Housing'S policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action."
I Ideclareunder penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters matters believe it stated on my jnf mation and belief, and as to those matters IIbelieve it to ,-,""

Dated Dated

.~fo

---~-~-------=---V-------:._1_;cz::.F+.....JI___+tt_¥1__J

r7(}______ 'CL4:-J if

~t Glendale At Glendale City City DATE FILED. DATE FILED DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

AUG 03 Z006 AUG 0 3 2006 UEP] br ph!fi~ i v i ~ ~ \i.:.;fi, ! ! i-r i It i DEPT Ur \Mir\ t\v!~'LU1MENTh T • "r" \1i,;\::;,, , '; ny:! FO\!Y!fiG "\!~L) i!lI \r'\NG
l

STATE OF CALIFORNIA STATE OF CALIFORNIA

Case 1:07-cv-00026-OWW-TAG

RIGHT-TO-SUE COMPLAINT INFORMATION SHEET RIGHT-TO-SUE COMPLAINT INFORMATION SHEET

Document 241-2

Filed 10/07/2008

Page 47 of 75

GFEH needs a separate signed cornplaint for each employer, person, l a b organization, employment agency, CFEH needs a separate signed complaint for each employer, person, lab,xr organization, employment agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a company and an individual@), please complete separate complaint forms naming the company or an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area.
Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return with your signed complaint(s): return with your signed complaint(s):
YOUR RACE:/ETHNICITY (Check one) YOUR RACE:/ETHNICITY (Check one) - African-American African-American - African -- Other African Other _ Asian/Pacific Islander (specify). - AsianIPacific Islander (specify) xxx Caucasian (Non-Hispanic) > : - Caucasian (Non-Hispanic) - Native American Native American _ Hispanic(specify) Hispanic(specify)

YOUR GENDER: YOUR GENDER:

- Female x Male Female & Male xx

_

-

_

YOUR PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify)
English

YOUR AGE: YOUR AGE:

5

7 22

IF FILING BECAUSE OF YOUR NATIONAL IF FILING BECAUSE OF YOUR NATIONAL ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY. YOUR NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY (specify) IF FILING BECAUSE OF DISABILITY, IF FlLlNG BECAUSE OF DISABILITY, YOUR DISABILITY: YOUR DISABILITY: - AIDS AIDS - Blood/Circulation BloodlCirculation - Brain/Nerves/Muscles Brain/Newes/Muscles _ Digestive/Urinary/Reproduction - DigestivelUrinarylReproduction _ Hearing - Hearing - Heart Heart xx Limbs (Arms/Legs) xx - Limbs (ArmslLegs) xx Mental xx - Mental _ Sight - Sight _ Speech/Respiratory - SpeechIRespiratory _ Spinal/Back - SpinallBack IF FILING BECAUSE OF MARITAL STATUS, IF FlLlNG BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) - Cohabitation Cohabitation Divorced Divorced Married Married - Single Single

YOUR OCCUPATION: YOUR OCCUPATION: - Clerical Clerical - Craft Craft _ Equipment Operator - Equipment Operator Laborer Laborer _ Manager Manager _ Paraprofessional Paraprofessional xx jQ{ Professional - Professional Sales - Sales Service Service _ Supervisor Supewisor Technician Technician

-

-

HOW YOU HEARD ABOUT DFEH: HOW YOU HEARD ABOUT DFEH: xx Attorney xx - Attorney Bus/BART Advertisement BuslBART Advertisement _ Community Organization Community Organization - EEOC EEOC - EDD EDD - Friend Friend - Human Relations Commission Human Relations Commission - Labor Standards Enforcement Labor Standards Enforcement _ Local Government Agency - Local Government Agency - Poster Poster - Prior Contact with DFEH Prior Contact with DFEH - Radio Radio _ Telephone Book - Telephone Book - TV n / - DFEH Web Site DFEH Web Site

-

-

DO YOU HAVE AN ATTORNEY WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR EMPLOYMENT TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING "YES", YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. YOUR ATTORNEY SERVE THIS DFEH COMPLAINT.
xxYes No

IF FILING BECAUSE OF RELIGION, IF FILING BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION: (specify)

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE OF SEX, THE REASON: - Harassment Harassment - Orientation Orientation _ Pregnancy - Pregnancy - Denied Right to Wear Pants Denied Right to Wear Pants _-Other Allegations (List) Other Allegations (List)
DFEH-300-03-1 (01/05) DFEH-300-03-1 (01105) Department of Fair Employment and Housing Department of Fair Employment and Housing State of California State of Callforma

PLEASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE PROVIDE YOUR ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER: Euqene D. Lee, Esq. ( S B 236812) Eugene D, Lee, Esq. (SB## 236812)
Law Office of Euqene Lee Law Office of Eugene Lee
445 South Figueroa Street, Suite 2700 445 South Figueroa Street, Suite 2700

Los Angeles,

CA

90071

%#signature

Date

THE PROVISIONS OF THE CALIFORNiA DFEH USE ONLY THE PRO'JISIONS OF THE CALlFORNlA DFEH USE ONLY FAIR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING
YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicate Mr. or Ms.) Mr. David F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP ADDRESS ADDRESS 3184 4 Beaudry2 Terrace aeaudrv Terrace 318 CITY/STATE/liP ClTYlSTATElZlP Glendale, CA 91208-17455 Glendale, CA 9 1 2 0 8 - 1 7 4 COUNTY COUNTY Los Angeles Los Angeles

** ** ** EMPLOYMENT * * * COpy EMPLOYMENT * * * COMPLAINT OF DISCRIMINATION UNDER DFEH ~. - ~ NOT FOR SERVICE COPjlPLAlNT OF DISCRIMINATION UNDER D F F # f ~ NOT' FOR SER6ICE -

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 48 of 75

TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818) ) 541-0496 (818 541-0496

COUNTY CODE COUNTY CODE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO D!SCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO Dl",,-SC=Rc.:.:I=M:..:..:IN.,;.:.A~T-=E=D...:.A..:..::G~A.:.:.:IN,-,-S:::..T.:......:.;..:M=E,-: _-:;=;=:-=-;-;-;:::-;~~=:-;;-:-;--;---"---;,,...-,--,
NAME NAME
D~·. Cr..

Jennifer Abraham Jennifer Abraham

TELEPHONE NUMBER (Include Area Code) TELEPHONE NUMBER (Include Area Code) (661) )326-2000 (661 326-2000

AD3RESS ADDRESS
Kern Medical Center, 18300 Flower Street Kzrn Medical Center, 1 8 3 Flower Street CITY/STATE/liP ClTYlSTATElZlP Bakersfield, CA 93305-4197 Bakersfield, CA 9 3 3 0 5 - 4 1 9 7 NO. OF EMPLOYEES/MEMBERS (if known) NO. OF EMPLOYEESIMEMBERS (if known) Approx. 1,3000 Approx 1 , 3 0 COUNTY COUNTY Kern Kern DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10, , 2006 TOOK PLACE (month, day, and year) july 1 0 2 0 0 6

;

DFEH USE ONLY DFEH USE ONLY
COUNTY CODE COUNTY CODE

:

.

:iRESPONDENT CODE RESPONDENT CODE

THE PARTICULARS ARE: THE PARTICULARS ARE:

On J U Y 2 0 0 10, On July~ 10, 20066

was I Iwas - off laid
fired

-EOV
XX demoted L X demoted

harassed harassed _ _ genetic characteristics testing geneilc charaaeristrcs tesbng Xxforced to qult ~fOrced to quit

-

-.XXolher(sped1Y) ) -o t t e r ( w XX

denied employment _ denied employment _denied promotionb denled p m o _ denied transfer denled transfer ~ denied accommodation XX denied ammmodabon _ _ impermissible non-jab-related inquiry impermissible non-job-relatedinquiry

_ denied family or medical leave den14fam~ly medical leave or _denied pregnancy leave denled pregnancy leave _-denied denied equal pay equal pay _ denied righllo wear pants denied right to wear pants _ denied pregnancy accommodation denied pregnancyamommodahon

-

-

retaliated against retaliated asalzt

by by

Mr. Peter Bryan, et al. Mr. Peter Bryan, et al. Name of Person Name of Person
sex marital status -manta1status

Chief Executive Officer of Kern Medical Center Chief Executive Officer of Kern Medical Center Job Title (supervisor/manager/personnel director/etc.) Job Title (supe~isorlmanagerlpersonnel directorletc.)

because of my: -sex because of my: _age -age
-religlon _religion
race/color -race~color

_national origin/ancestry natlonalong~n/ancestq

-physlcal disablllty XX ~ physical disability
JQL mental disability mental d~sab~lity
~

-cancer canoer
_genetic characteristic genet~c charactensbc

X X (Circle one) fil~ng; ..xL (Circle one) filing;
Protesting; participating in Protesting; participating in investigation (retaliation for) investigation (retaliation for) _

_sexual onentailon sexual orientation

-assouat~on assodation

XXolher(specify)---"'C.=..F.:..:RA=other(spmfy) CFRA

the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center
Name of Person and Job Title Name of Person and Job Title

Was because Please see attachment. Was because Please see attachment. of [please of [please b~a~tj wrist state what you believe to you believe to be reason(s)] be reason(s)]
I I wishto pursue this matter in court. I I herebyrequest that the Department of Fair Employment and Housing provide a right-to-sue notice. I Iunderstand that iff II wish to pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. understand that i want federal notice of right-to-sue, must visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint withln 30 days of receipt of the want aafederal notice of right-to-sue, I I mustvisit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier.

based on fear of retaliation do not do so. understand it is the Department of Fair t I havenot been coerced into making this request, nor do I I makeititbased on fear of retaliation ififI Ido not do so. IIunderstand it is the Department of Fair have not been coerced into making this request, nor do make Employment and Housing's policy to not process or reopen complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment and Housing's policy to not process or reopen aacomplaint once the complaint has been closed on the basis of "Complainant Elected Court Action."
I I declareunder penalty of perjury under the laws of the State of California that the foregoing isstrue and correct offmy ownnknowledge except as to matters declare under penalty of perjury under the laws of the State of California that the foregoing i true and correct o my o w knowledge except as t o matters stated o my information and belief, and as t those matters belie stated onnmy information and belief, and as toothose matters I IbelievejJ·t.-re-be-tAl~ .....

Dated D".d

{p 7J31/ t,L."r r
D
City City

;7p

---->0...-

~_--::'--"--f-f-~~-=:----'::;--.-=-''-~7'T-rJiil!~
ANT'S SIGNArti:-

C;

~t Glendale At Glendale

DATE FILED. DATE FILED: DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

4 1 032006 1 0 AUG~~' 3 21106 )k?;, Jr r/?! Liij ;!:Ljy:ylENT t tJfYI, ur ihlfil tiViiLUYIV1ENT

.Ll~D

" HOUSING D HOuciMG

STATE OF CALIFORNIA STATE OF CALIFORNIA

Case 1:07-cv-00026-OWW-TAG

RIGHT-TO-SUE COMPLAINT INFORMATION SHEET RIGHT-TO-SUE COMPLAINT INFORMATION SHEET

Document 241-2

Filed 10/07/2008

Page 49 of 75

C F t neeas sepain:.. signed cornpia~nt f each employx, person, labor o;ganrzation, er:!pIctl/ment agency, r CFEHi i needs aa separat3 signed complaint for~each employ,:;r, person, labor organization, er::plc,yrnent agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a company and an individual(s), please complete separate complaint forms naming the company or an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area.

Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return with your signed complaint(s): return with your signed complaint(s):
YOUR RACE:/ETHNICITY (Check one) YOUR RACE:IETHNICITY (Check one) African-American African-American African - Other African Other _-Asian/Pacific Islander (specify) _ AsianIPacific Islander (specify) xx Caucasian (Non-Hispanic) xx Caucasian (Non-Hispanic) Native American -Native American _-Hispanic(specify) _ Hispanic(specify) YOUR GENDER: YOUR GENDER:

- Female xx Male Female Male

-

-

YOUR PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify)
English Enqlish

YOUR AGE: YOUR AGE:

2...-2

rl

IF FlLlNG BECAUSE OF YOUR NATIONAL IF FILING BECAUSE OF YOUR NATIONAL ORIGINIANCESTRY. YOUR NATIONAL ORIGIN/ANCESTRY. YOUR NATIONAL ORIGINIANCESTRY (specify) ORIGIN/ANCESTRY (specify)
IF FILING BECAUSE OF DISABILITY. IF FlLlNG BECAUSE OF DISABILITY, YOUR DISABILITY: YOUR DISABILITY: -AIDS AIDS Blood/Circulation Blood/Circulation - Brain/Nerves/Muscles Brain/Nerves/Muscles _-Digestive/Urinary/Reproduction DigestivelUrinarylReproduction _-Hearing Hearing -Heart Heart xx xx Limbs (Arms/Legs) - Limbs (ArmslLegs) xx xx Mental - Mental _-Sight Sight _-Speech/Respiratory SpeechlRespiratory _ Spinal/Back - SpinallBack

YOUR OCCUPATION: YOUR OCCUPATION: - Clerical Clerical - Craft Craft - Equipment Operator Equipment Operator - Laborer Laborer - Manager Manager Paraprofessional Paraprofessional .xx Professional xx Professional - Sales Sales - Service Service _ Supervisor - Supervisor Technician Technician

-

-

HOW YOU HEARD ABOUT DFEH: HOW YOU HEARD ABOUT DFEH: xx Attorney xx - Attorney Bus/BART Advertisement BusIBART Advertisement _ Community Organization - Community Organization - EEOC EEOC EDD EDD - Friend Friend - Human Relations Commission Human Relations Commission - Labor Standards Enforcement Labor Standards Enforcement - Local Government Agency Local Government Agency - Poster Poster - Prior Contact with DFEH Prior Contact with DFEH - Radio Radio _ Telephone Book - Telephone Book

-

- TV n/ - DFEH Web Site DFEH Web Site
DO YOU HAVE AN ATTORNEY WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR EMPLOYMENT TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING "YES". YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. YOUR ATTORNEY SERVE THIS DFEH COMPLAINT.

IF FlLlNG BECAUSE OF MARITAL STATUS, IF FILING BECAUSE OF MARITAL STATUS. YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) -Cohabitation Cohabitation -Divorced Divorced - Married Married _ Single - Single IF FILING BECAUSE OF RELIGION, IF FILING BECAUSE OF RELIGION. YOUR RELIGION: (specify) YOUR RELIGION: (specify)

xxYes

-No No

PLEASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE PROVIDE YOUR ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER:
Eugene D. Lee, ESq. q (SB# 236812)) Euqene D. Lee, ~ s .(SB# 2 3 6 8 1 2

IF FILING BECAUSE OF SEX. THE REASON: IF FILING BECAUSE OF SEX, THE REASON: -Harassment Harassment - Orientation Orientation - Pregnancy _ Pregnancy _ Denied Right to Wear Pants - Denied Right to Wear Pants Other Allegations (List) _ Other Allegations (List)

Law Office of Euqene Lee Law Office of Eugene Lee
44 s o u t h Figueroa S t r e e t S u i t e 2 7 0 0 4455 South Figueroa Street,, Suite 2700

-

0

DFEH-300-03-1 (01105) DFEH-300-03-1 (01/05) Department of F a Employment and H o u s ~ r Department of Fair ~Employmentand Housingn g State of Callforma State of California

v

Case 1:07-cv-00026-OWW-TAG
C'df"\ " , 1 ....i I rt? " d ../L·. ,
'\r",,'

"'.1"'- 7"iT
JI,
'11

THE PRO'llSlGNS OF THE CALlFORMIA THE PROVISIONS OF THE CALIFORNIA FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT
YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicate Mr. or Ms.) Mr. David F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FeA? ADDRESS ADDRESS Seaudrv Terrace 318 31844 Beaudry Terrace z CITYISTATEIZIP CITY/STATE/ZIP Glendale, CA 9 1 2 0 8 - 1 7 4 5 Glendale, CA 91208-1745

COPY * * * EMPLOYMENT * * * * * * EMPLOYMENT * * * ''\? D1SC21;','iINATiON !UNDERT 1 ~ ~ n~:! I x NOT.-,POR SERVlCE r l F N1~ ~~ FOR s ~ ~ V l , D : S ~ , n l ~ ~ ~ IjF\DER
a

Document 241-2

Filed 10/07/2008

Page cop-y 50 of 75

DFEH USE ONLY DFEH USE ONLY

CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUM BER (INCLUDE AREA CODE) (818 541-0496 (818) ) 541-0496

COUNTY COUNTY T.nc ---2--Los Angeles l q ~ --- A n n ~

COUNTY CODE COUNTY CODE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAME NAME

Dr. William Roy Dr. William Roy
ADDRESS ADDRESS 6 0 0 D Truxtun Avenue 4 2 6001 1 D Truxtun Avenue 4200 CITYISTATEIZIP CITY/STATE/ZIP Bakersfield, CA 9 3 3 0 Bakersfield, CA 933099
NO. OF EMPLOYEES/MEMBERS (if known) NO. OF EMPLOYEESIMEMBERS (if known)

TELEPHONE NUMBER (Include Area Code) TELEPHONE NULIEER (Inciude Area Code) (661) ) 327-9800 (661 327-9800 I DFEH USE ONLY DFEH USE ONLY

COUNTY COUNTY Kern Kern
DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10, 20066 TOOK PLACE (month, day, and year) July 10, 2 0 0

i

COUNTYCODE COUNTY CODE

: IRESPONDENT CODE RESPONDENT CODE

THE PARTICULARS ARE: THE PARTICULARS ARE:

On J U ~ 10, 2 0 0 10, On July Y 20066

I1was -firedof, was --,Id laid off

fired

-harassed harassed xxforced to quit --.2Q[forced to quit by by
Mr. Peter Bryan, et al. Mr. Peter Bryan, et al. Name of Person Name of Person
mantal status -manta1status sexual onentallon -sexualorientation

A Xdemoted XX demoted

_ _ genetic characteristics testing genetic charadensbcstesbng

_ _ denied pregnancy leave -deniedpregnancy leave _ _ denied equal pay -denied equal pay _ _ deniedd nght to wear pants 3 aommrnodaDon derued ~ denied accommodation -denie right to wear pants _ _ deniedd pregnancy acmmrnodation pregnancy acoommodation _ _ impermissible non-jab-related inquiry denie -irnpermlssiblenon-job-relatedlnqulry -lQ;oIl1er(spedfy) ~ ) retaliated against -o t h e r ( w a retaliated asal%t XX

_ denied employment -denied employment _ deniedd pmmobon denle promotion _ deniedd transfer denie transfer

_- edfamilyor medical leave denied family or med~cal ave deni le

Chief Executive Officer of Kern Medical Center Chief Executive Officer of Kern Medical Center Job Title (supervisor/manager/personnel director/etc.) Job Title (supervisorlmanagerlpersonnel directorletc.)

because of my: -"" sex because of my: _ _ age -age
_religion religion

_-national onglnlancestry national origin/ancestry

A

-

physlcal dlsablllty physical disability 2QL mental disability -mentaldlsabtl~ty XX

_

cancer -cancer genetic characteristic -genettccharaciensbc

....KL (Circle one) filing; n g , X X (C~rcle one) f ~ l ~
Protesting; participating in Protest~ng, part~crpatrngIn investigation (retaliation for) lnvestlgatlon (retallatlon for) _

racetm~or race/color

-assaaabon assodation

Aolt1er(speci!y)-...=C-=-F-=-RA=X X omer(spx.ty) CFRA

the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center
Name of Person and Job Title Name of Person and Job Title

Was because Please see attachment. Was because Please see attachment. of [please of [please state what state what you believe to you believe to be reason(s)] be reason(s)]
I I wishto pursue this matter in court. I Ihereby request that the Department of Fair Employment and Housing provide aaright-to-sue notice. I Iunderstand that ififI I wish to pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide right-to-sue notice. understand that want a federal notice of rlght-to-sue, must vlsit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt o the want a federal notice of right-to-sue, I Imust visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of fthe of DFEH "Not~ce Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier.

have not been coerced into making this request, nor do make based on fear of retaliation if do not do so. understand is the'Department of Fair I Ihave not been coerced into making this request, nor do I Imake ititbased on fear of retaliation If I Ido not do so. I Iunderstand ititis the' Department of Fair Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action."
I I declareunder penalty of perjury under the laws of the State of California that the foregoing is true anddcorrect of my own knowledge except as toomatters declare under penalty of perjury under the laws of the State of California that the foregoing is true a n correct of my own knowledge except as t matters matters l belle ' t o e true.
Dated _ _-+ Dated

---,f-_:_e_I_~_f,_a_n_d_a_s_t_O_<h~. m,".~ "'~ 1-. ~---------I

COMPLAINANT'S SIGNATURE COMPLAINANTS SIGNATURE ~t Glendale At Glendale Clty City DATE FILED DATE FILED: DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

v

R.· Frt. .'
\. - f
,.4

~. r:- n.. I.r:- D . 1. ·~
f _

f

,_

~

AUG 03 -::rn" OE"P'" t,r ..... l.UUu I' , '-

1 I I,' WYiVI[NT M4f):!WS5~roeRNIA

Case 1:07-cv-00026-OWW-TAG

Document 241-2 Filed 10/07/2008 RIGHT-TO-SUE COMPLAINT INFORMATION RIGHT-TO-SUE COMPLAINT INFORMATION SHEET

Page 51 of 75

DFt, ,, !, d separa'd s i g n 4 (,dil ; ~ ' a ~ r edLn employer, person, t , oryaiiiza:lon, ernployrn=.l,t ayerlcy, on:.: II ;,. <b ,3 separate signed con:p!aint n;vr each employer, person. labor organization, employment agency. apprentlceshlp comrn~ttee, wtsh agalnst. f~lingaga~nstboth apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a company and an individual(s). please complete separate complaint forms naming the company or an individual in the ~ndiv~dual(s), in and appropriate area appropriate area.
Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes. and Please DFEH DFEH purposes, return with your signed complaint(s): return YOUR RACE:lETHNICITY (Check one) RACE:/ETHNICITY African-American - African-American African - Other - African - Other

-

GENDER: YOUR GENDER:

xx - Female & Male x

_ AsianIPacific Islander (specify) - Asian/Pacific Islander (specify) xx Caucasian >x : - Caucasian (Non-Hispanic) - Native American Native American _ Hispanic(specify) - Hispanic(specify), YOUR PRIMARY LANGUAGE (specify) Enqlish English YOUR AGE:

_

_

2.-.2

rl

IF FILING BECAUSE OF YOUR NATIONAL IF FlLlNG BECAUSE ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY, NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY

YOUR OCCUPATION: - Clerical Clerical - Craft Craft _ Equipment Operator - Equipment Operator - Laborer Laborer _ Manager - Manager _ Paraprofessional - Paraprofessional xx .lQ{ Professional Sales - Sales - Service Service _ Supervisor - Supervisor - Technician Technician
HOW YOU HEARD ABOUT DFEH: HEARD DFEH:

IF FlLlNG BECAUSE DISABILITY, IF FILING BECAUSE OF DISABILITY. YOUR DISABILITY: DISABILITY: AIDS - AIDS - Blood/Circulation BloodICirculation - Bra in/Nerves/Muscles Brain/Nerves/Muscles _ DigestiveIUrinarylReproduction - Digestive/Urinary/Reproduction _ Hearing - Hearing - Heart Heart xx Limbs (ArmsILegs) xx - Limbs (Arms/Legs) xx Mental - Mental _ Sight - Sight _ SpeechlRespiratory - Speech/Respiratory _ SpinallBack - Spinal/Back
IF FILING BECAUSE OF MARITAL STATUS. IF FlLlNG BECAUSE STATUS, YOUR MARITAL STATUS: (Check one) MARITAL STATUS: - Cohabitation Cohabitation - Divorced Divorced - Married Married _ Single - Single

xx - Attorney - Bus/BART Advertisement BusIBART Advertisement _ Community Organization - Community Organization - EEOC EEOC - EDD EDD
- Friend Friend - Human Relations Commission Human Relations Commission - Labor Standards Enforcement Labor Standards Enforcement - Local Government Agency Local Government Agency - Poster Poster - Prior Contact with DFEH Prior Contact with DFEH - Radio Radio _ Telephone Book - Telephone Book

- TV n/ - DFEH Web Site DFEH Web Site
00 YOU HAVE AN ATTORNEY WHO HAS AGREED DO HAVE HAS TO REPRESENT YOU ON YOUR EMPLOYMENT ON DISCRIMINATION IN IF DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING BE YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. DFEH COMPLAINT.
xxYes -

IF FILING BECAUSE RELIGION, IF FILING BECAUSE OF RELIGION, YOUR RELIGION: (specify) RELIGION:

- No

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE SEX. REASON:

PLEASE PROVIDE YOUR ATTORNEY'S NAME. ATTORNEY'S NAME, PLEASE PROVIDE ADDRESS AND PHONE NUMBER: PHONE NUMBER: Eugene D. Lee, Esg. (SB# 236812) Lee, Esq. (SB# 2 3 6 8 1 2 ) Euqene
Law Office of Eugene Lee L a w O f f i c e o f Euqene Lee 445 South Figueroa Street, Suite 2700 4 4 5 South Figueroa S t r e e t , S u i t e 2 7 0 0 L s Angeles,
CA~071

- Harassment Harassment - Orientation Orientation _ Pregnancy - Pregnancy _ Denied - Denied Right to Wear Pants Pants _ Other Allegations (List) - Other Allegations (List)
DFEH-300-03-1 (01105) DFEH-300-03-1 (01/05)
Hous~ng Department of Fair Employment and Housing Cal~forn State of California ~ a

c...
Signature

1L

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 52 of 75

Attachment to Dr. David F. Jadwin’s Complaint of Discrimination Against County of Kern, Kern Medical Center, Mr. Peter Bryan, and Affiliated Entities Until July 10, 2006, I was Chair of Pathology at Kern Medical Center (“KMC”), a hospital that is owned and operated by the County of Kern in California. My employment began in December 2000, pursuant to an employment contract which I executed on October 24, 2000. On November 12, 2002, I executed a subsequent employment contract with KMC with a five-year term ending on October 4, 2007. I was recruited to rebuild the pathology service. I was able to dramatically improve the performance of the department and patient care throughout the hospital. However, I experienced almost immediate resistance to the changes I made. In 2002, I began to suffer professional mistreatment and harassment by a few members of the KMC medical staff in retaliation for my efforts to address critical deficiencies in the quality of patient care and inefficiencies at the hospital. The tortious attacks, hostile environment and the conduct of the administration eventually caused me to succumb to debilitating depression, anxiety and insomnia, etc., for which I sought, and continue to receive, expert medical help. Finally, in January 2006, I discussed my disability and my various grievances with Mr. Peter Bryan, CEO of KMC, and requested medical leave. Mr. Bryan agreed that I should take at least six months of time off while continuing on as Chair. I thus continued to work on a part-time basis, capably managing the Pathology Department and fulfilling all essential chair duties. I later submitted a formal application for intermittent medical leave of absence accompanied by a doctor’s note which certified that I would need to work on a part-time basis until on or about September 2006. On April 28, 2006, Mr. Bryan met with me and subsequently sent to me a formal memo which stated, “I also mentioned that after Monday it would be preferable for you not to have an intermittent work schedule and it would be easier on the department to just have you on leave until your status is resolved.” From that point on, I was no longer permitted to take intermittent leave or work part-time as an accommodation of my disability. In addition, Mr. Bryan initially stated that I would have until June 16 to decide whether or not I would resign my position. In his April 17 memo to me, Mr. Bryan stated “When you return to full time from your medical leave I need for you to make a decision that you will either accept the conditions and work on improving your relationships or you will step down as chairman.” In his April 28 memo to me, Mr. Bryan reiterated, “Finally, I said that by June 16, 2006 you needed to give me your decision about your employment status. Your options were to either return full time or resign your position.”

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 53 of 75

On May 5, I underwent medically necessary sinus surgery to treat a long-standing medical condition, and on May 29, I suffered a serious fall which fractured two bones in my foot and avulsed a ligament in my ankle. On May 31, I sent a letter to Mr. Bryan, requesting an extension of the June 16 deadline. On June 13, 3 days prior to the June 16 deadline he had promised me, Mr. Peter Bryan (CEO of KMC) summarily informed me by email that I was being stripped of chairmanship effective June 17, 2006, due to my taking excessive sick leaves and my subsequent alleged “inability to provide consistent and stable leadership in the department for most of the past eight to nine months”. Mr. Bryan further stated that he was going to grant me 90 days of personal leave, despite the fact that I had not yet exhausted the 6 months’ of cumulative sick leave permitted under Kern County rules. As of June 13, I had taken, in the aggregate, 12 weeks of CFRA sick leave and approximately 3-4 additional weeks of County sick leave based on doctor’s certifications which I submitted. Prior to June 13, Mr. concerns regarding my Bryan had in at least would have until June resign my position at Bryan had not communicated to me his sick leaves. In fact, as noted above, Mr. two written communications told me that I 16, 2006 to decide whether to continue or KMC.

On June 26, Mr. Bryan stated that I had “recently been seen on the hospital campus” while on my personal necessity leave of absence. He then took the drastic measure of ordering me to “refrain from entering the facility for any reason other than seeking medical attention”, “refrain from contacting any employee or faculty member of Kern Medical Center for any reason other than seeking medical attention”, and stated that “usage of any and all equipment as well as access to any and all systems has been suspended while [on my] approved personal necessity leave of absence”. I discovered that this included suspension of my email and voice mail accounts, to which I require access in order to manage ongoing patient care issues. Mr. Bryan concluded his letter by saying that “Failure to comply with the instructions of this letter, are grounds for disciplinary actions up to and including termination of your contract with the County of Kern.” On June 29, my attorney, Mr. Eugene Lee, sent a letter to Ms. Karen Barnes, Deputy County Counsel for the County of Kern, disclosing my intention to pursue legal remedies against KMC and certain of its officers and employees, and requesting that KMC preserve all evidence relating to my claims. The letter specifically stated that I would be pursuing claims for, among other things, disability discrimination, failure to accommodate disability, retaliation for taking California Family Rights Act medical leaves, etc.

2

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 54 of 75

On July 3, I filed a Tort Claims Act form with the County of Kern, describing my related tort and contractual breach claims. In that form, I specifically named as potential defendants Mr. Bryan, Dr. Irwin Harris, Dr. Eugene Kercher, Dr. Scott Ragland, and Dr. Jennifer Abraham, all KMC officers and employees, and Dr. William Roy, a contract physician. I later learned from Deputy County Counsel Karen Barnes in her reply letter to Mr. Lee of July 18, that on July 10, the KMC Joint Conference Committee had formally voted to accept Mr. Bryan’s recommendation that I be removed as Chair of the Pathology Department. I had no prior notice of this meeting or its agenda.

3

Case 1:07-cv-00026-OWW-TAG

E200607-T-0166-00-prc COMPLAINT OF DISCRIMINATION UNDER DFEH # ~200607-T-0166-00-prc COMPLAINT OF DISCRIMINATION UNDER DFEH # THE PROVISIONS OF THE CALIFORNIA ----OF-EH-U-SE-O-NL-Y---THE PROVISIONS OF THE CALIFORNIA DFEH USE ONLY FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

COPY AMENDED AMENDED 'It*'It 'It* EMPLOYMENT 'It 'It 'It NOT FOR SERVICE * EMPLOYMENT * * * NOT FOR SERVICE
TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818) 541-0496 (818) 541-0496

Document 241-2

Filed 10/07/2008

COpy

Page 55 of 75

YOUR NAME (~nd~cate or Ms Mr YOUR NAME (indicate Mr. or Ms.) ) Mr. David F. Jadwln, DO, FCAP Mr. David F. Jadwin, DO, FCAP ADDRESS ADDRESS 3184 Beaudry Terrace 3184 Beaudry Terrace ClTYlSTATElZlP CITY/STATE/ZIP Glendale , CA 91208-1745 Glendale, CA 91208-1745

COUNTY COUNTY Los Angeles Los Angeles

COUNTY CODE COUNTY CODE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME' '
NAME NAME .

Kern Medical Center Kern Medical Center ADDRESS ADDRESS 1830 Flower Street -1830 Flower Street ClTYlSTATElZlP CITY/STATE/ZIP Bakersfield, CA 93305-4197 Bakersfield, CA 93305-4197 NO. OF EMPLOYEESIMEMBERS (if known) NO. OF EMPLOYEES/MEMBERS (if known) Approx. 1,300 Approx. 1,300
-

TELEPHONE NUMBER Qnclude Area Code) TELEPHONE NUMBER (Include Area Codel (661)326-2000 (661) 326-2000
~

.

- - - - - -

:
COUNTY COUNTY Kern Kern DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10, 2006 TOOK PLACE (month, day, and year) July 10, 2006
I

DFEH USE ONLY DFEH USE ONLY COUNTY CODE COUNTYCODE

: : RESPONDENTCODE RESPONDENT CODE

THE PARTICULARS ARE: THE PARTICULARS ARE:

On ~ u g u 3, 2006 On Augusts t3, 2006

was I Iwas

_deried~ l ~_famlyormedcalie>Ml _fired -men~lo~rr "(dmiedfam~amecldbwa _--paobrn pranation deried _ denied PIlIl1"""CY leave _'aidol! dmkdpre~lazyleavs deniecll/lW1Sfer __ XXdermed ddeQWWw ~dllmCtlId --WWY -xx_~ _denjeclriglllo_pan1& _hal8SSSd am r ~ e right lo wear pan% d Impermu~nonjoll-nllal8d i'lquiry _ flIlIIlW'Cl' lIlCDT1IT1OdaIion _- g a n e ( i ~cI1lnderIStlCS~testingn ~ g genetic c h m ~ ~ k t e s mm=iblemnjvnqmy Xxforcadtoglil -lLXtorced 10 "-'I I XX OIhBr(spociIy) retaliated against and% denied m retaliated a g a i z m i Y

=;yon
-

-

xx

S(XM-

-

~pay

1nieractive process interactive process

by --,M:..:;r~. -=.p..::e::t.::.er~B:::r~y:.::a~n:..!., -=.et=-..:a::..:l:.;.~ by Mr. Peter Bryan, et al.
Name of Person Name of Person

Chief Executive Officer of Kern Medical Center --:-:-=-C=.:h~~~·e:..:f=-=E~x:::e~cu.'!.t=.;~!:..:·v~e~O:::f.=.f.::.i~ce~r~o~f~K~e~r~n...;M~e~d~i~c~a~l:...,;:C:=e~n.=:te~r~ Job Title (supervisor/manager/personnel director/etc.) Job Title (supervisorlmanagerlpersonneldirectorletc.)
national Origin/ancestry
~ phySical d1sabHi1y physicaddlsablllty

sex because of my: -" because of my: _aga -age _ _or _reHgion -reupion

_

-na~imat uigidancestr,
- mmarttaIm d sta1us

JUt. mental d1satli1l1y menaldwky
~ot«(speciIy)_C:::;F~RA~

_

-genmlc cnaraduisci
ClI1CSI'

genetic CI1lIracterlstic

-

_

...xL (Circle one) filing; (Circle one) filing;
Protesting; participating in Protesting; participating in investigation (retaliation for) investigation (retaliation for) --_

_-eaxudchmbn sexual or\anta1IOn

-(ace~a

a s sll&&odatiOnm cdatk

XX-(spedly)

CFRA

the reason given by the reasongiven by

Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Name of Person and Job Tille Name of Person and Job Tille

Was because Please see attachment. Was because Please see attachment. of [please of [please state what you believe to you believe to be reason(s)] be reason(s)]
V.U."

..I

. I

I I wishto pursua this matter in court. I I herebyrequest that the Department of Fair Employment and Housing provide a right-to-sue notice. IIunderstand that if II wish to pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. understand that if want a federal notice of right-to-sue. IImust visit the U,S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the want a federal notice of right-to-sue, must visil the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Notice of Case Closure." or within 300 days of the alleged discriminatory act, whichever is earlier.

I Ihave not been coerced into making this request. nor do IImake it based on fear of retaliation if IIdo not do so. IIunderstand it is the Department of Fair have not been coerced into making this request, nor do make it based on fear of retaliation if do not do so. understand it is the Department of Fair Employment end Housing's pOlicy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment end Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." I I declareunder penalty of perjury under the laws of the State of California that the foregoing Is true and correct of my own knowledge except es to matters declare under Denaltv of ~ e r l u w under the laws of the State of California that the foregoing Is true and correct of my own knowledge except as t o matters stated on my iniorrnaion andh-llef, and as t o those matters belleve it t o b stated on my information and belief, and as to those matters IIbelieve it to be true.

Dated Dated

-Jj I
J

'L I
I

(' .~. C

-

Ii

l:.

~t Glendale At Glendale City City
DATE FILED: DATE FILED:

DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

1 4 2006 NOV 142006 BEPT. FAlR DEPT. OF FAIR EMPLOYMENT AND HOUSING

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 56 of 75

RIGHT-TOSUE COMPLAINT INFORMATION SHEET RIGHT-TO-SUE SHEET
DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, complaint for each employer, person, labor organization, employment agency, government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a company and an individual@), please complete separate complaint forms naming the company or an individual in the indiVidual(s), complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area, Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and complete following and for DFEH for statistical purposes, and retum with your signed complaint(s): complaint(s): return
YOUR RACE:/ETHNICITY (Check one) YOUR RACE:lETHNICITY (Check one) African-American African-American African - Other African Other _ Asian/Pacific Islander (specify), AsianlPacific Islander (specify) Eo Caucasian (Non-Hispanic) xX Caucasian (Non-Hispanic) Native American Native American _ Hispanic(specify), Hispanic(specify)

-

YOUR GENDER: _
_ Clerical - Clerical

- Female x Male x Male xx

-

OCCUPATION: YOUR OCCUPATION: Craft - Crafl Operator _ Equipment EqUipment - Laborer Operator - Laborer _ - Manager _ Paraprofessional - Paraprofessional jQ( Professional xx - Professional Sales - Sales Service - Supervisor Service _

_

YOUR PRIMARY LANGUAGE (specify) PRIMARY LANGUAGE (specify) English Enqlish YOUR AGE: YOUR AGE;

L..1. 5 7

--

IF FILING BECAUSE OF YOUR NATIONAL IF FILING BECAUSE OF YOUR NATIONAL ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY. YOUR NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY (specify) IF FILING BECAUSE OF DISABILITY, IF FlLlNG BECAUSE OF DISABILITY, YOUR DISABILITY: YOUR DISABILITY: AIDS AIDS Blood/Circulation BloodlCirculation Brain/Nerves/Muscles Brain/NerveslMuscles _ Digestive/Urinary/Reproduction DigestivelUrinarylReproduction _ Hearing Hearing Heart Heart jQ{ Limbs (Arms/Legs) Limbs (ArmslLegs) xx Mental xx Mental _ Sight Sight _ Speech/Respiratory SpeechIRespiratory _ SpinallBack SpinallBack

- Supervisor - Technician Technician -

-

-

-

-

HOW YOU HEARD ABOUT DFEH: YOU HEARD DFEH: xx Attorney Bus/BART Advertisement BuslBART _ Community Organization Community Organization EEOC EEOC EDD EDD Friend Friend Human Relations Commission Human Relations Commission Labor Standards Enforcement Labor Standards Enforcement _ Local Government Agency Local Government Agency Poster Poster Prior Contact with DFEH Prior Contact with DFEH Radio Radio _ Telephone Book Telephone Book

-

-

- TV w - DFEH Web Site DFEH Web Site

IF FILING BECAUSE OF MARITAL STATUS, IF FlLlNG BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) Cohabitation Cohabitation Divorced Divorced Married Married _ Single Single

-

-

QO YOU HAVF AN ATTORNEY WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR E M P L O Y W T TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING ·YES·, YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SFRVE THIS DFEH COMPLAINT. YOUR ATTORNEY SERYE THIS DFEH COMPLAINT,

IF FILING BECAUSE OF RELIGION, IF FlLlNG BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION: (specify)

xx Yes "gYes

-

No -No

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE OF SEX. THE REASON: Harassment Harassment Orientation Orientation _-Pregnancy Pregnancy Denied Right to Wear Pants Denied Right to Wear Pants Other Allegations (List) Other Allegations (List)

PI FASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE PROYIDE YOUR ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER: Eugene D. Lee, Esq. (SB# 236812) Eugene D. Lee, Esq. (SB# 236812)
Law Office of Euqene Lee Law Office of Eugene Lee
445 South Figueroa Street, Suite 2700 445 South Figueroa Street, Suite 2700
"

=

-

c,

'~
Date

DFEH-300-03-1 (01/05) DFEH-300-03-1 (01105) Department of Fair Employment and Housing Department of Fair Employment and Housing Slate of California State of California

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

p COMPLAINT OF DISCRIMINATION UNDER DFEH #__E_2_00_6_07_-T_-_01_6_6-_01_-_r_c COMPLAINT OF DISCRIMINATION UNDER DFEH # ~200607-T-0166-01-prc THE PROVISIONS OF THE CALIFORNIA THE PROVISIONS OF THE CALIFORNIA DFEH USE ONLY DFEH USE ONLY FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING

***EMPLOYMENT**** NOT FOR SERVICE NOT FOR SERVICE * * * EMPLOYMENT * * --

AMENDED AMENDED

COpy COPY

Page 57 of 75

_

YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicate Mr. or MS.) Mr. David F. Jadwin, DO, PCAP Mr. David F. Jadwin, DO, FCAP ADDRESS ADDRESS 3184 Beaudn, Terrace 3184 Beaudry Terrace

TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818) 541-0496 (818) 541-0496

COUNTY CODE COUNTY Los Angeles Los Angeles NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: NAME NAME County of Kern County of Kern ADDRESS ADDRESS
TELEPHONE NUMBER Onclude Area Code) TELEPHONE NUMBER flnclude Area Code) (661) 868-3585 (661) 868-3585
i

CITYISTATEIZIP CITY/STATE/ZIP Glendale, CA 91208-1745 Glendale, CA 91208-1745

COUNTY

COUNTY CODE

DFEH USE ONLY DFEH USE ONLY
-

Clerk of the Board of Supervisors, County Administration Building, 5th Floor Clerk of the Board of Supervisors, County Administration Building, 5th Floor ClTYlSTATElZtP CITY/STATE/ZIP COUNTY COUNTY Bakersfield, CA 93301 Kern Bakersfield, CA 93301 Kern NO. OF EMPLOYEESIMEMBERS (if known) NO. OF EMPLOYEES/MEMBERS (if known) DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DlSCRlMtNATlON Approx. 7,500 TOOK PLACE (month, day, and year) ~ u y 10, 2006 Approx. 7,500 TOOK PLACE (month, day. and year) Julyl 10, 2006

:

COUNTY CODE COUNTYCODE

THE PARTICULARS ARE: THE PARTICULARS ARE:

~ u g u 3, 2006 On Augusts t 3, 2006

O n

I l was was

fired _l8Idoll XXdanded ..M dllrnaecl tl8rlIssed massed _ - ~ i e c h a rcI1enIeterlstlcs testing genetll: e c $ r l $ ~ t W n g XXlbrcad to quit to quit

-, ,, -

nred

_deried~

_

-

..1LXIoroed

_ inpermisllble ncn-jllb-l9lated inqUiry inpairrlMemnjc&e4Btsd Wr iy 1QL_(!jlOCitf)y retaliated against X X d h v ( s p s d ( ) retaliated aaainst

JrX'_....n'_' -KX--JX~-I

--,r cl - m& p l

: RESPONDENT CODE ; RESPONDENT CODE

denied pIIlITIOion

denied Iransfer dmadbcrrler

-

~ deried IaTiIy or medcalleave deried _--mww- farritya meda leave deried preg1lIrC/ leave _ denied equal pay equal pa, _denied righltoto -pans demd r i ~ nwear pant. _deried PfllI11'Il:Y ~ -daiedmexmm&m

-

andi d - e edenied dn _

bY---=Mc.:.:r:...;.~p..::e.::.t:::;er:=....:B::..:ry~a::.:n~,_e:::;t::......:a::::l:...;.:....by Mr. Peter Bryan, et a1 Name of Person Name of Person

.

interactive process interactive process

because of my: because of my:

_age 8~
rehgton _religion

sex -" -

_- n a t k w c n p w ~ s ~ national OIiglr>'anceslty
_marItIlIs1alu9 -m* _ sexual orterlt8Iion

-rscsrtola raoeIccIor

---

Chief Executive Officer of Kern Medical Center -:-:-__C:::;h~i::.:e::.:f:.......::E::::x:;:e..::cu:::.t=.;l~· v:..::e~O:=f.=.f.:::.i:::ce::.:r::..-..::o~f~K::::e.=.r~n...;M~e::;d~l::.:' c::.::a~l:.......::C..::e~n.:::;te=.;r~ Job Title (supervisor/manager/personnel director/etc.) directorletc.) Job Title (supe~isor/managerlpersonnel
,jgphysicaldloabliity JZphyswdkabl~i(y

..xx.. mental ctsaIlil1y amsntal daabhy
=om(-)

_C8'lCef

_g e n e t i c charadaiaff genetic characteristic

--

(Circle one) filing; ..xx.... (Circle one) filing;
Protesting; participating in Protesting; participating in investigation (retaliation for) investigation (retaliation for) _

e sassOClaliOn ~ m r c ~

~_(!jlOCitf)_C:::;F:.:RA",-,-

CFRA

the reason given by Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center the reason given by Mr. Peter Bryan. Chief Executive Officer of Kern Medical Center Name of Person and Job Title Name of Person and Job Title Was because Please see attachment. Was because Please see attachment. of [please of [please state what state what believe you believe to

you

be reasonIs)l be reason(s)]
a not~ce understand that ~f I wish to pursue this mailer in court, I I herebyrequest that the Department of Fair Employment and Housing provide a right-te-sue notice. I Iunderstand that if II I w.sh lo pursue this matter in court hereby request that the Department of Fair Employment and Housing prov~de r~ght-to-sue want aa federal notice ofright-to-sue, I I mustvisit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the want federal notice of right-to-sue, must visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. OFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier.
I I havenot been coerced into making this request, nor do I I makeititbased on fear of retaliation ififI I donol do so, I Iunderstand ititis the Department of Fair have not been coerced into making this request, nor do make based on fear of retaliation do not do so. understand is the Department of Fair Employment and Housing's policy to not process or reopen aacomplaint once the complaint has been closed on the basis of "Complainant Elected Court Action" Employment and Housing's policy to not process or reopen complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." I I declareunder penalty of perjury under the laws of the State of California that the foregoing Is true and correct of my own knowledge except as to matters declare under penalty of perjury under the laws of the State of Callfomla that the forego1 stated on my information and belief, and as t those matters believe e staled on my Information and belief, and as toothose matters I I b e t i e ~it to be true. oatedjj/, Dated

to . ..

~//), { (
City City

,--~-,

--'

-'---

,qt Glendale At Glendale

I
DATE FILED: DATE FILED:

RECEIVED RECEIVED
NOV ~ P ~ ~ L I F o R NOV st.t4~L1FORNIA DEPT. OF FAIR EMPLOYMENT DEPT. OF FAlR EMPLOYMENT . AND HOUSING AND HQCSING
N I A

DFEH-300-03 (0 1105) DFEH·300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 58 of 75

RIGHT-TOSUE COMPLAINT INFORMATION RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a company and an individual(s), please complete separate complaint forms naming individual company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please complete the following so that DFEH can process complaint and DFEH statistical purposes, Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and retum with your signed complaint(s): retum with your signed complaint(s):
YQUR RACE:/ETHNICITY (Check one) YOUR RACE:IETHNICITY (Check one) African-American African-American _ African - Other African Other _ Asian/Pacific Islander (specify), AsianlPacific Islander (specify) E Caucasian (Non-Hispanic) xx Caucasian (Non-Hispanic) Native American Native American _ Hispanic(specify),

- Hispanic(specify)

-

YOUR GENDER: _ GENDER:

- Female 1QC Male Female & x

-

_

_

YOUR PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify) English Enqlish YOUR AGE: YOUR AGE:
~.1.. 1 2

IF FILING BECAUSE OF YOUR NATIONAL IF FILING BECAUSE OF YOUR NATIONAL ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY. YOUR NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY (specify) IF FILING BECAUSE OF DISABILITY. IF FILING BECAUSE OF DISABILITY, YQUR DISABILITY: YOUR DISABILITY: AIDS AIDS Blood/Circulation BloodlCirculation Brain/Nerves/Muscles Brain/Nerves/Muscles _ Digestive/Urinary/Reproduction DigestivelUrinarylReproduction _ Hearing Hearing Heart Heart xx Limbs (Arms/Legs) xx - Limbs (ArmslLegs) Exx Mental Mental _ Sight Sight _ Speech/Respiratory SpeechlRespiratory _ Spinal/Back SpinallBack

YOUR OCCUPATION: YOUR OCCUPATION: Clerical Clerical Craft Craft _ Equipment Operator Equipment Operator Laborer Laborer _ Manager Manager _ Paraprofessional Paraprofessional xx Professional JQ{ Professional Sales Sales Service Service _ Supervisor Supervisor Technician Technician

-

-

-

-

-

-

-

-

HOW YOU HEARD ABOUT DFEY; HOW YOU HEARD ABOUT DFEH: xx Attorney 1Q< Attorney Bus/BART Advertisement BuslBART Advertisement _ Community Organization - Community Organization EEOC EEOC - EDD EDD Friend Friend Human Relations Commission Human Relations Commission - Labor Standards Enforcement Labor Standards Enforcement _ Local Government Agency Local Government Agency Poster Poster - Prior Contact with DFEH Prior Contact with DFEH Radio Radio _ Telephone Book Telephone Book - TV DFEH Web Site DFEH Web Site

l v -

-

IF FILING BECAUSE OF MARITAL STATUS, IF FILING BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) Cohabitation Cohabitation Divorced Divorced -Married Married _ Single Single

-

-

DO YOU HAVE AN ATTORNEY WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREED JO REPRESENT YOU ON YOUR EMPLOYMENT TO REPRESENT YOU QN YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING "YES·, YOU WILL BE RESPONSIBLE FQR HAVING YOUR ATTORNFY SERVE THIS DFEH COMPI AINT. YQUR ATTORNEY SERVE THIS DFEH CQMPLAINT.

IF FILING BECAUSE OF RELIGION, IF FlLlNG BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION: (specify)

xxYes EYes

-

No -No

IF FlLlNG BECAUSE OF SEX. THE REASON: IF FILING BECAUSE OF SEX, THE REASON: Harassment Harassment Orientation Orientation _ Pregnancy Pregnancy _ Denied Right to Wear Pants Denied Right to Wear Pants _ Other Allegations (List) Other Allegations (List)

PLEASE PROVIDE YOUR ATTORNEY'S N W PLEASE PROVIDE YQUR ATTQRNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER: Eugene D. Lee, Esq. (SB# 2 3 6 8 1 2 Eugene D. Lee, Esq. (SB# 236812) )
Law Office of Euqene Lee Law Office of Eugene Lee

-

445 South Figueroa Street, Suite 2 7 0 445 South Figueroa Street, Suite 27000

rC"'--t
ignature

l(tt/PC-

DFEH-300-03-1 (01105) DFEH-300-03-1 (01/05) Department of Fair Employment and Housing Department of Fair Employment and Housing State of California State of Californie

Date Date

Case 1:07-cv-00026-OWW-TAG

·-----~e er~¥--I Document 241-2 Filed 10/07/2008 Page 59 of 75
AMENDED AMENDED

...

NOT FOR SERVICE NOT FOR SERVlCE
_

'Ie 'Ie 'Ie

* * * EMPLOYMENT 'If* 'Ie* 'If* EMPLOYMENT

COMPLAINT OF DISCRIMINATION UNDER DFEH #_ _~200607-T-0166-02-prc E_20_06_0_7-_T_-0_16_6-_0_2-~pr_c COMPLAINT OF DISCRIMINATION UNDER DFEH # THE PROVISIONS OF THE CALIFORNIA THE PROVISIONS OF THE CALIFORNIA OFEH USE ONLY OFEH USE ONLY FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicate Mr, or Ms.)

TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE)

Mr. David F. Jadwin, DO, FCAP Mr, David F. Jadwin, DO, FCAP
AODRESS ADDRESS

(818) 541-0496 (818) 541-0496

3184 Beaudrv Terrace 3184 Beaudry Terrace
CITY/STATE/ZIP

Glendale. CA 9 3 2 0 8 - 1 7 4 Glendale, CA 91208-17455

Los Angeles

COUNTY1 buUN I

COUNTY CODE LUUN I Y LUUt

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAME TELEPHONE NUMBER (Include Area Code)

Mr. Peter Bryan Mr. Peter Bryan
ADDRESS ADDRESS

(661)326-2000 (661)326-2000
I

DFEH USE ONLY DFEH USE ONL Y
COUNTY CODE COUNTYCODE

Kern Medical Center, 1830 Flower Street Kern Medical Center, 1830 Flower Street
C ITYISTATEIZIP CITY/STATEIZIP COUNTY COUNTY

Bakersfield, CA 93305-4197 Bakersfield, CA 93305-4197
NO. OF EMPLOYEESIMEMBERS ( known) f NO, OF EMPLOYEES/MEMBERS (if ~known)

Kern Kern
DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) july lo, 2006 TOOK PLACE (mon\h, day, and year) July 10, 2006

I

::RESPONDENTCOOE RESPONDENT CODE

Approx. 1,300 Approx. 1,300
THE PARTICULARS ARE: THE PARTICULARS ARE:

On ~ u g u 3, 2006 On Augusts t 3, 2006

IIwas was

s a ~ m o

-=kYm XXdFmrsd -geneaC

_det18def11llOl'mll1l _ det18d _ _ prcmoIon

~ m c c W i S bC 0e W

by ---!M~r:.:.e.-=P-=e~t.::e=.r..;B~r::..y~a==n~,:....::e~t~ac.=l.:.. by Mr. Peter Bryan, et al.
Name of Penon Name of Person

Interactive process interactive process Chief Executive Officer of Kern Medical Center .:::C:.:h=i:::.e::.f..;E::;x~e::.:c::.:u::.:t:.::i:.:v..:::e~O=f::.f=ic::.e:;r:;...:o~f~K~e:.::r:.:.n:....:.M::::e;:::d~i.:::c:::a=l~c::.en:.:.t::.:e::.:r:..-

-xx deried 8CC\lIl1l1OdllI ""","'Y dened - ri{11t to wear impenrj_llOI>jObielat8d ' W accorrm:>dalia: ~ W W rtnj&fdaW U rn xx-ohlr(opedryjretaliatedr yagainst denied? F-(-)retaliated a q a i n i and~ed ad n=
pallS

=
_

~ der1ed!lrfiy

a __

_det18d pI8gllI1Cy_ derlBd equal pay

Job Tille (supervisor/manager/personnel director/etc,) Job Title (supe~isorlmanagerlpersonnel direclorletc.)

because of my: because of my:

_oga -age
_religion religion _ llllllliI:da -m

-"

-na~ima~awrd _national cx1girJlIrlClll8lry ~

-

-

aaxuaI_on assoclallon -awxMm
maltallstalua status m
-dorfen(allm

Mp hphysical d i a h m y ~ y r i c a disability

..xx.ementale l d d m l ~m ra
d1sa1l11~

_

_ genetic ch8J'a<terilltlc ,gena(icch~~&b

-ClI100r

_

J - (Circle one) filing; & .lOL- (Circle one) filing;
Protesting; participating in Protesting; participating in investigation (retaliation for) investigation (retallation for)

~OIher(specifY)~CF;:,.:RA~

XX -

CFRA

the reason given by the reason given by

Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center
Name of Person and Job Title Name of Person and Job Title

Was because Please Was because Please of [please of [please statewhat state what you believe to you believe to be reason[s)l be reason(s)] ,
,a

see attachment. Bee attachment.

wish to pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide a right-to-sue not~ce I understand that 11 IIwish to pursue this matter in court, IIhereby request that the Department of Fair Employment and Housing provide a right-to-sue notice, I understand that if iI want a federal notice of right.ta-sue, IImust visit the U, S. Equal Employment Opportunity Commission (EEOC) to file e complaint within 30 days of receipt of the want a federal notice of right-to-sue, must visit the U.S. Equal Employment Opportunity Commission (EEOC) file a 30 receipt DFEH "Not~ce Case Closure," or within 300 days of the alleged discriminatory act, of is earlier. DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act. whichever Is earlier.
IIhave nol been coerced into making this request, nor do II make it based on fear of retaliation if IIdo not do so. I understand it is the Department of Fair , have no! been coerced into making this request, nor do make it based on fear of retaliation do not I is Department Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action " Elected Action" on Employment and Housing's policy to not process or reopen a complaint once the complaint has been
IIdeclare under penalty of perjury under the laws of the State of California that the foregoing Is true a d correct of my own knowledge ellcept as to matters declare under penalty of perjury under the laws of the State true. stated on my I formation and belief, Ind 18 to thoae matters I believe·
I (

Dated Dated _'"-/-'Uo:....J.:...s.::....=':..-----~t At

~ ..,~~~~~----COMPLAINANT'S SIGNATURE

Glendale Glendale
City City DATE FILED: DATE FILED:

DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

RECEIVED
NOVATf

'4 ~6tl60RNIA

1
I

DEPT. OF FAlR EMPLOYMENT FAIR

AND HOUSING

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 60 of 75

RIGHT-TO-SUE COMPLAINT INFORMATION SHEET RIGHT-TOSUE COMPLAINT INFORMATION
DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local government agency you wish to file against. you are filing against both company and an individual(s), please complete separate complaint forms naming the company an individual in company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please complete the following so that DFEH can process complaint and DFEH statistical Please complete the following SO that DFEH can process your complaint and for DFEH for statistical purposes, and retum with your signed complaint(s): return with your signed complaint(s):
YOUR BACE:/EIHNICITY (Check one) YOUR RACE:/ETHNICITY (Check one) African-American African-American African - Other African Other _ AsianlPacific Islander (specify) AsianIPacific Islander (specify) xx Caucasian (Non-Hispanic) xx Caucasian (Non-Hispanic) Native American Native American _ Hispanic(specify) Hispanic(specify)

-

YOUR GENDER: _ GENDER:

- Female ~ Male Female x x Male

-

-

-

_

-

_

Clerical - Craft Clerical - Craft _ Equipment Operator - Laborer Operator Equipment

YOUR OCCUPATION: OCCUPATION:

YOUR PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify) Enqlish English YOUR AGE: YOUR AGE:

~1 .2.-.2..

IF FlLlNG BECAUSE OF YOUR NATIONAL IF FILING BECAUSE OF YOUR NATIONAL ORIGINIANCESTRY. YOUR NATIONAL ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY (specify) ORIGIN/ANCESTRY (specify)

- Paraprofessional Paraprofessional Professional Professional - Sales Service - Supervisor Service _ Supervisor - Technician Technician
HOW YOU HEARD ABOUT DFEH: HOW YOU HEARD DFEH: xx JQ<: Attorney Bus/BART Advertisement BuslBART _ Community Organization Community Organization EEOC EEOC EDD EDD - Friend Friend Human Relations Commission Human Relations Commission Labor Standards Enforcement Labor Standards Enforcement _ Local Government Agency Local Government Agency Poster Prior Contact with DFEH Prior Contact with DFEH Radio Radio _ Telephone Book Telephone lV TV DFEH Web Site

_ _ JQC xx _

- Manager Laborer -

IF FlLlNG BECAUSE OF DISABILITY, IF FILING BECAUSE OF DISABILITY, YOUR DISABILITY: YOUR PISABILlTY; AIDS AIDS Blood/Circulation BloodlCirculation Brain/Nerves/M uscles BrainlNen/eslMuscles _ Digestive/Urinary/Reproduction DigestivelUrinarylReproduction _ Hearing Hearing Heart Heart Limbs (ArmslLegs) .Al< Limbs (Arms/Legs) xx Mental E Mental _ Sight Sight _ Speech/Respiratory SpeechlRespiratory _ Spinal/Back SpinallBack

-

a

-

-

-

-

-

IF FlLlNG BECAUSE OF MARITAL STATUS, IF FILING BECAUSE OF MARITAL STATUS, MARITAL STATUS: (Check one) YOUR MARITAL STATUS; (Check one) Cohabitation Cohabitation Divorced Divorced Married Married _ Single Single

-

-

DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION "YES". YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. xxYes -

IF FlLlNG BECAUSE OF RELIGION, IF ElLING BECAUSE OF RELIGION, RELIGION: YOUR RELIGION: (specify) REASON IF FlLlNG BECAUSE SEX. IF FILING BECAUSE OF SEX, THE REASON: Harassment Harassment Orientation Orientation _ Pregnancy Pregnancy _ Denied Right to Wear Pants Denied Right Pants _ Other Allegations (List) Allegations

- No

PLEASE PROViDE NAME, PLEASE PROVIDE YOUR ATTORNEY'S NAMF ADDRESS AND PHONE NUMBER: NUMBER
Eugene D. Lee, Esq. (SB# 236812) D. Lee, (SB# 236812)
Law Office of Euqene Lee Eugene Lee

-

445 South Figueroa Street, Suite 2700 4 4 5 south Figueroa Street, Suite 2700 Los Angeles, CA 900 1

-

DFEH-300-03-1 (01105) DFEH·300·03·1 (01105) Department of Fair Employment and Housing Department of Fair Employment and Housing State of California State of California

-¥eillHll1tlnature

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 61 of 75

COMPLAINT OF DISCRIMINATION UNDER DFEH COMPLAINT OF DISCRIMINATION UNDER DFEH #!----!~u:B!~~~~p THE PROVISIONS OF THE CALIFORNIA THE PROVISIONS OF THE CALIFORNIA E FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENTAND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
YOUR NAME (indicate Mr. Ms.) YOUR NAME (indicate Mr. oror Ms.) Mr. David F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP ADDRESS ADDRESS 3184 Beaudry Terrace 3184 Beaudry Terrace ClTYlSTATElZlP CITY/STATE/ZIP Glendale, CA 9 1 2 0 8 - 1 7 4 Glendale, CA 91208-1745 5
COUNTY LosCOUNTY Los Angeles Angeles COUNTY CODE COUNTY CODE

AMENDED AMENDED ******EMPLOYMENT ****** EMPLOYMENT

E

TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818 541-049 (818) ) 541-04966

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION. EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAME NAME
TELEPHONE NUMBER Qnclude Area Code) - TELEPHONE NUMBER flnclude Area Code)
~

Dr. Irwin Harris Dr. Irwin Harris
ADDRESS ADDRESS

(661)326-20000 (661)326-200
I

DFEH USE ONLY DFEH USE ONLY COUNTY CODE COUNTYCODE

Kern Medical Center, 1 8 3 Flower Street Kern Medical Center, 1830 0Flower Street
ClNlSTATElZlP CITY/STATE/ZIP Bakersfield, CA 9 3 3 0 5 - 4 1 9 Bakersfield, CA 93305-41977
:"7::'o':.:. NNO.

O~F;;:E:::M:7.P::-L':;;O::-:Y=E~ES=::/:::M:=E;:M::'BE:::R:-:S:-(::::il:'::kc.::.no";'w-n-:-) -----=-DA':":T=E~M:":"O~S=T~R::-:E::-:C::-::E:::-N:::T:-::O::-::R~C:-O:-:N--T~IN-:-U-:-I:":"NG-=:-::D"'IS::-::C--R--:IM~''''N'';'A:;TI::':O~N:-----; OF EMPLOYEESIMEMBERS (if known) DATE MOST RECENT OR CONTINUING DISCRIMINATION
TOOK PLACE (month, day, and year) ~ u y 0 2 0 0 1 TOOK PLACE (month, day, and year) Julyl 10, , 20066

COUNTY COUNTY Kern Kern

:

RESPONDENT CODe:RESPONDENT CODE -

Approx. 1 , 3 0 Approx, 1,3000
THE PARTICULARS ARE: THE PARTICULARS ARE:

On ~ u g u 3, 2 0 0 On Augusts t 3, 2006 6

I lwas was

_tired

-

_harassed _ -galeW ganetic d1anIelaristics testing chanr$cistim IWJW -x&hmd 10bqnt quit

..lLXrorced

-'-idotr XX fhKw XXdorncled

~ddIlr1lld flmlf or medcal iBlNea v e XX medhxmlyam~~dle _-llIllliCl'/flllll1l _ - ~ m o ypromoion( derilld m s n --iedpmobn _derilld~pay deiedltansfa wadequalpay _ _ r1ghl1O_pantS --xx_~b m ~deiedmxmda --lmOw=Panrs _ impemiSllibia non-job-ralatad InqJiry _ - JlI'lIT81CY ~ impsrmiMlMa mnjmcslated hq*y -dsad peg8ncy gmmmdsbo, XX-~(~)retaliated against and denied XX_c--(apedcu) nied

-

-_
_

_-IJI"l11l""CIi v m

----

interactivee process i n t r a

c

t

by _:..:Mr~ ...tp..::e..::t.::.e=-r~B~r~y..::a~nC!.,....:::.e:::..t~a::.:l~.:-. by Mr. Peter Bryan, et al.
Name of Person Name of Person
sox because of my: -'" because of my: _age age
_

_religion rellgiw

-rKWau
~

--ma1lal SUltus -mslal n a b

Chief Executive Officer of Kern Medical Center --:-=:::.:Ch:.:.:1::;·~f:.....::E::;x::::.e.::.cu~t::.:1::.:·v:.::e~O..::f.::.f=.ic::;e:.:r~o:.::f:......t;K:::e.::.r~n~M:..:e::.:d::.:i::;c~a:.:lc....=C.::.e~n::;te::.:r~ e Job Title (supervisor/manager/personnel director/etc.) Job Title (supervisorlmanagerlpersonnel directorletc.)

_

-n M orlgiWmcesby national OIIginlll1C8stIy
IOXlJ8I 0flanlati0n

M

physicalw disability p h y disability

JQl mental IfSability rnmd6Wny
M~(spec:Il'y)_C=:F~RA=-

an:<r ganatic drPraduicisbc -g m ccharacteristic
8 r n

...xK...- (Circle one) filing; XX_ (Circle one) filing,
Protesting; participating in Protesting; participating in investigation (retaliation lor) investigation (retaliation for) _

assoda1lon -assodatlon

-ma(XX

CFRA

the reason given by the reason given by

Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Mr, Peter Bryan, Chief Executive Officer of Kern Medical Center Name of Person end Job Title Name 01 Person and Job Title

Was because Please see attachment. Was because Please see attachment, of [please of [please state what state what you believe to you believe to bereason(s)] be reason(s)]
I I wishto pursue this matter in court. I I herebyrequest that the Department of Fair Employment and Housing provide a right-te-sue notice. IIunderstand that if II wish to pursue this matter in court. hereby request that the Department of Fair Employment and Houslng provide a right-to-sue notice. understand that if want aalederal notice 01 right.to-sue, I I mustvisit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days 01 receipt of the want federal notice of right-to-sue, must visit Ihe U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Nolice of Case Closure," or within 300 days 01 the alleged discriminatory act. whichever is earlier. I I havenot been coerced into making this request, nor do I I makeititbased on fear of retaliation il I I donot do so. I Iunderstand ititis the Department of Fair have not been coerced into making this request, nor do make based on fear of retaliation if do not do so. understand is the Department of Fair Employment and Housing's policy to not process or reopen aacomplaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment and Housing's policy to not process or reopen complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." I I declareunder penalty 01 perjury under the laws 01 the SIaIe of California that the foregoing Is true and correct of my own knowledge except as to matters eleclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as t o matters matters bel~,,~ It t be true. ation and lief, and as to those matters I IbeleveIt toobe true. ~ stated on my Inl \ ,.~ ~(J ~/"):.., Dated

t\

. ~Y.
City City

(1

~ tLUt..&

-

.

COMPLAINAA'S SIGNATURE COMPLAINA '5 SIGNATURE

.• ~~_ - - .....

~t Glendale At Glendale

DATE FILED: DATE FILED: DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

NOV 142006 UEPI FAlR EMPLOYMENT DEPT. OF FAIR EMPLOYMENT AND HOUSING

I

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 62 of 75

RIGHT-TOSUE COMPLAINT INFORMATION RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
DFEH needs a separate signed complaint each person, organization, employment DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local govemment agency you wish to file against. If you are filing against both a company and an individual(s), please complete separate complaint forms naming the company or an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and retum with your signed complaint(s): retum with your signed complaint(s):
YOUR RACE:/ETHNICITY (Check one) YOUR RACE:IETHNICITY (Check one) African-American African-American African - Other African Other _ Asian/Pacific Islander (specify), AsianlPacific Islander (specify) E Caucasian (Non-Hispanic) xX Caucasian (Non-Hispanic) Native American Native American _ Hispanic(specify),

- Hispanic(specify)

YOUR GENDER _ GENDER:

- Female ]g Male Female x x Male

_

_

YOUR PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify) English Enslish YOUR AGE: YOUR AGE:

.L.l. ~1

IF FILING BECAUSE OF YOUR NATIONAL IF FlLlNG BECAUSE OF YOUR NATIONAL ORIGIN/ANCESTRY YOUR NATIONAL ORIGINIANCESTRY. YOUR NATIONAL ORIGINlANCESTRY (specify) ORIGINIANCESTRY (specify) IF FILING BECAUSE OF DISABILITY. IF FILING BECAUSE OF DISABILITY, YOUR DISABILITY' YOUR DISABILITY: AIDS AIDS Blood/Circulation BloodlCirculation Brain/Nerves/Muscles BrainlNerveslMusdes _ Digestive/Urinary/Reproduction DigestivelUrinarylReproduction _ Hearing Hearing Heart Heart ..lQS: Limbs (Arms/Legs) Limbs (ArmslLegs) xx Mental xx Mental _ Sight - Sight _ Speech/Respiratory SpeechlRespiratory _ Spinal/Back SpinallBack

YOUR OCCUPATION: YOUR OCCUPATION: Clerical Clerical Craft CraR _ Equipment Operator Equipment Operator Laborer Laborer _ Manager Manager _ ParaprofessIonal Paraprofessional ..x.x Professional xx Professional Sales Sales Service Service _ Supervisor Supervisor Technician Technician

-

-

-

-

-

HOW YOU HEARD ABOUT DFEH: HOW YOU HEARD ABOUT DFEH:

-

- Bus/BART Advertisement BusIBART Advertisement _ Community Organization - Community Organization - EEOC EEOC
- EDD - EDD

xx Attorney M Attorney

-

- Human Relations Commission Human Relations Commission - Poster Poster - Prior Contact with DFEH Prior Contact with DFEH - Radio Radio _ Telephone Book - Telephone Book TV - TV
- DFEH Web Site DFEH Web Site
_

- Friend
Friend

- labor Standards Enforcement Labor Standards Enforcement - local Govemment Agency Local Government Agency

-

IF FILING BECAUSE OF MARITAL STATUS, IF FILING BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) Cohabitation Cohabitation Divorced Divorced Married Married _ Single Single

-

-

DO YOU HAVE AN ATTORNEY WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON YOUR EMPLOYMENT TO REPRESENT YOU ON YOUR EMPLOYMENT IJSCRlMlNATlON CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK 'YES". YOU WILL BE RESPONSIBLE FOR HAVING ·YES·, YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. YOUR ATTORNEY SERVE THIS DFEH COMPLAINT,

IF FILING BECAUSE OF RELIGION. ! FlLlNG BECAUSE OF RELIGION. F YOUR RELIGION: (specify) YOUR RELIGION: (specify)

xx xx Yes -Yes

No -No

IF FlLlNG BECAUSE OF SEX. THE REASON: IF FILING BECAUSE OF SEX, THE REASON: Harassment Harassment Orientation Orientation _ Pregnancy Pregnancy _ Denied Right to Wear Pants Denied Right to Wear Pants _ Other Allegations (List) Other Allegations (List)

PLEASE PROVIDE YOUR ATTORNEY'S NAME, PLEASE PROVIDE YOUR ATTORNEY'S NAME. ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER: Eugene D. Lee, Esq. (SB# 236812) Eugene D, Lee, Esq. (8B# 236812)
Law Office of Euqene Lee Law Office of Eugene Lee
4455 South Figueroa Street, Suite 2700 4 4 south Figueroa Street, Suite 2700
LOS

-

Angeles, CA 9 071

7; bG
I

1 1//+6
dte

DFEH-300-03-1 (01105) DFEH-300-03-t (01/05) . . Department of Fair Employment and Housing Department of Fair Employment and Housing State of California State of California

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 63 of 75

COMPLAINT OF DISCRIMINATION UNDER DFEH COMPLAINT OF DISCRIMINATION UNDER DFEH # ~~r~(§~ffHR\rJ:£:::!n THE PROVISIONS OF THE CALIFORNIA THE PROVISIONS OF THE CALIFORNIA DFEH USE ONLY ~ FAlR EMPLOYMENT AND HOUSING ACT FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENTAND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
YOUR NAME (ind~cate or Ms Mr YOUR NAME (indicate Mr. or Ms.) ) Mr. Davld F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP ADDRESS ADDRESS 3 1 8 Beaudrv Terrace 3184 4 Beaudry Terrace ---TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818 541-0496 (818) ) 541-0496

******EMPLOYMENT **** ** EMPLOYMENT

AMENDED AMENDED

CfOPY '

.

CITYISTATEIZIP CITY/STATE/ZIP Glendale, CA 9 1 2 0 8 - 1 7 4 Glendale, CA 91208-17455

COUNTY COUNTY Los Angeles Los Angeles

COUNTY CODE COUNTY CODE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAME NAME Dr. Eugene Kercher Dr. Eugene Kercher
TELEPHONE NUMBER Onclude Area Code} TELEPHONE NUMBER Onclude Area Code) I
I

ADDRESS ADDRESS Kern Medical Center, 1 8 3 Flower Street Kern Medical Center, 18300 Flower Street CITYISTATEIZIP CITY/STATE/ZIP Bakersfield, CA 9 3 3 0 5 - 4 1 9 Bakersfield, CA 93305-41977 NO. OF EMPLOYEESIMEMBERS (if known) NO. OF EMPLOYEES/MEMBERS (if known) Approx. 1 , 3 0 0 Approx, 1,300 THE PARTICULARS ARE: THE PARTICULARS ARE:
COUNTY COUNTY Kern Kern DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) July 10, , 20066 TOOK PLACE (month, day, and year) july 1 0 2 0 0

DFEH USE ONLY DFEH USE ONLY
COUNTY CODE COUNWCODE

: : RESPONDENTCODE RESPONDENT CODE

O nugust 3, n On August 3,

zoo 20066

by --.:M.:.:r:..:.~p.::.e:::;te::.;r:....::B:.::ry~a.::.n!.., ..:e:..:t=-::a~lc..:. by Mr. Peter Bryan, et al.
Name of Person Name of Person

because of my: -" because of my: _ege -age
_relglon -mkm
A -

...

_-nal~aieKJanmary nalklne1 OrigirVences1ly

rec:eIc:dor

the reason given by the reason given by

Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Name of Person and Job Title Name of Person and Job Title

----was I lwas
XXdErnted

_-"'1'Ioymart
-xx_~ I!?zdemimpemissible non1_ _ e~nguuy imperdsslblam n + ~ s ( Inqqlry d

-we+ --promoIIcn dsnledmns(er
--prmpllor _ _

XXnorcedao wn

-gmk cmaderisika tas6ng

!!="-(1IplIdfy1 retaliated agaiilSl: and denied Fwlapmll retaliated againiz-ied ~nteract~ve process interactive process

- =i d q w d .e s d _denied ngtrt te_pwIIs --wm-paxs denied preg1InCy lKXXmT10daIJcn ko~mmodabrn

--pregmcy_--prsgrsry- equal pay denied

~ deriedlarTily or _ _

XX wd iamb cr ~ K W e rn

Chief Executive Officer of Kern Medical Center ...,..,..~C::.:h~i:;:e~f....:::Ex~e:;c:..:u::..:t::..:i;;v.::e~o~f f;.;l:,:'::.:e~r~o~f~Ke:::;r~n~M::.::e:.::d~i.::c::::::a=-l_c:;e::.;n~t:.::e~r,-c Job Title (supervisor/manager/personnel director/etc.) Job Title (supe~isorlmanager/penonnel directorletc.)
~physlcal disabillly x p h y d c d dlsabillty

_

-m

merilaI status M S ~

..xx... mertel lisabllltyy XmwdsaWt
XXclherl-)

amer -CBICBT
_

-gene(ic ~

XX (Circle one) filing: .1OL- (Circle one) filing;
c

genetic chareclerisbCh s

sexual_

~_(spodfy)....:::;CF~RA=-

CFRA

Protesting; participating in Protesting; participating in investigation (retaliation for) investigation (retaliation for) _

Was because Please see attachment. Was because Please see attachment. of [please of [please state what state what you believe to you believe to be reason(s)] be reason{s)]
I I wishto pursua this malter in court. I I herebyrequest that the Department of Fair Employment and Housing provide a right-to-sue notice. IIunderstand that if II wish to pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. understand that if wantaafederal notice of right.te-sue, I I must visit the U.S, Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the want federal notice of right-to-sue, must visit Ihe U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever Is earlier,
I I havenot been coerced into making this request, nor do'Imakeit based on fear of retaliation if r do not do so. IIunderstand it is the Department of Fair have not been coerced into making this request, nor do make it based on fear of retaliation if I do not do so. understand it is the Department of Fair Employment and Housing's policy to not process or reopan a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court I I declareunder penalty of perjury under the laws of the Stale of California that the foregoing Is true and co rect of my own knowledge except as to matters declare under penalty of perjury under the l a w of the State of Csllfomla that the foregoing is true and coLrect of my own knowledge except as to matters stated on my Info atlon and belief, and as to those matters I believe lOo be t e,

Dated Dated

J}

.~

_<..:......~~~-:.::.L.-~,.=;:::==---COMPLAINA 1'5 SIGNATURE

~t Glendale At Glendale City City DATE FILED: DATE FILED: DFEH-300-03 (01105) DFEH·300·03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING

RECEIVED
STATE OF CALIFORNIA STATE OF CALIFORNIA

NOV 142006 14 2006 DEPT. OF FAIR EMPLOYMEN DEPT, FAlR EMPLOYMEN AND HOUSING HOOSING

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 64 of 75

RIGHT-TOSUE COMPLAINT INFORMATION RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, apprenticeship committee. state or local govemment agency you wish to file against. If you are filing against both a committee, state local government you against. filing both company and an individual(s), please complete separate complaint forms naming the company or an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return with signed complaint(s): retum with your signed complaint(s):
African-American - African-American African - Other - African - Other

RACE:IETHNICIN (Check YOUR RACE:/ETHN1C1TY (Check one)

YOUR GENDER: _ GENDFR:

- Female Mx Male Female x Male

Native American - Hispanic(specify) Native American _ - Hispanic(specify)

_ Asian/Pacific Islander (specify) - AsianlPacific Islander (specify), xx Caucasian (Non-Hispanic) E Caucasian (Non-Hispanic)

OCCUPATION: YOUR OCCUPATION:
_

-

- Clerical Clerical
_ - Manager _ Paraprofessional - Paraprofessional xx Professional JLx Professional _ Equipment Operator - Equipment Operator - Laborer Laborer _ - Craft

_

PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify) Enslish English YOUR AGE; AGE:

~2 .2.......1..

- Sales Sales - Service Service

IF FILING BECAUSE OF YOUR NATIONAL IF FlLlNG BECAUSE OF NATIONAL ORIGINIANCESTRY. NATIONAL ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY (specify) ORIGIN/ANCESTRY (specify)

_ Supervisor - Supervisor - Technician Technician

IF FlLlNG BECAUSE OF IF FILING BECAUSE OF DISABILITY, YOUR DISABILITY: DISABILITY: AIDS AIDS - Blood/Circulation BloodlCirculation Brain/NerveslMuscles BrainlNerveslMuscles _ Digestive/Urinary/Reproduction DigestiveIUrinarylReproduction _ Hearing Hearing Heart Heart xx Limbs (Arms/Legs) Limbs (AnnsILegs) xx Mental lQ.C Mental _ Sight Sight _ Speech/Respiratory Speech/Respiratory _ Spinal/Back SpinallBack

-

-

- -

--

-

-

HOW YOU HEARD ABOUT DFEH: YOU HEARD xx Attorney lQ.C Attorney Bus/BART Advertisement BuslBART Advertisement _ Community Organization Community Organization EEOC EEOC EDD EDD - Friend Friend Human Relations Commission Human Relations Commission Labor Standards Enforcement Labor Standards Enforcement _ Local Government Agency - Local Govemment Agency - Poster Poster Prior Contact with DFEH Prior Contact with DFEH Radio Radio _ Telephone Book Telephone Book lV Tv DFEH Web Site DFEH Web Site

-

-

IF FILING BECAUSE OF MARITAL STATUS, IF FlLlNG BECAUSE OF MARITAL YOUR MARITAL STATUS: (Check one) MARITAL STATUS: Cohabitation Cohabitation Divorced Divorced Married Manied _ Single Single

DO YOU HAVE AN ATIORNEY PO you HAVE AN ATTORNEY WHO HAS AGREED HAS AGREED TO REPRESENT you ON YOUR EMPLOYMENT TORFPRESFNTYOUONYOUREMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATIONCLAIMS IN COURT? IF YOU CHECK "YES·, YOU WILL BE RESPONSIBLE FOR HAVING BE RESPONSIBLE FOR HAVING "YES", YOU YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. ATIORNEY SERVE DFEH COMPLAINT. jQCYes xx -Yes

IF FILING BECAUSE OF RELIGION. IF FlLlNG BECAUSE RELIGION, YOUR RELIGION: (specify) RELIGION:

No - No

PLEASE PROVIDE YOUR ATTORNEY'S NAME, ATIORNEY'S NAME, PLEASE PROVIDE ADDRESS AND PHONE NUMBER: PHONE NUMBER
Eugene D. Lee, Esq. (SB# 236812) D. Lee, Esq. (SB# 236812) Law Office of Eugene Lee Euqene 445 South Figueroa Street, Suite 2700 445 Street, 2700

-

-

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE OF SEX. THE REASON: Harassment Harassment Orientation Orientation _ Pregna~r;y Pregnarsy _ Denied Right to Wear Pants Denied Right to Wear Pants _ Other Allegations (List) Other Allegations (List)

--..
\0 •••

~

DFEH-300-03-1 (01105) DFEH-300-03-1 (01105)

Department of Fair Employment and Housing Department Employment Housing State California Slale of California

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 65 of 75

COMPLAINT OF DISCRIMINATION UNDER DFEH # E200607-COEX COMPLAINT OF DISCRIMINATION UNDER DFEH THE PROVISIONS OF THE CALIFORNIA THE PROVISIONS OF THE CALIFORNIA -NOI~FW~lRmSEPVICE FAIR EMPLOYMENT AND HOUSING ACT .... FAlR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
1 "" -' .4

***E~[~ENT**** N T , * * * E ~ ~ B ~ *E *

YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicste Mr. or Ms.) Mr. David P. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP ADDRESS ADDRESS 3184 Beaudry Terrace 3184 Beaudry Terrace ClTYlSTATElZlP CITY/STATE/ZIP Glendale, CA 9 1 2 0 8 - 1 7 4 5 Glendale, CA 91208-1745

TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE)

(818 541-0496 (818) ) 541-0496

COUNTY COUNTY Los Angeles Los Angeles

COUNTY CODE COUNTY CODE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION. EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: '
NAME NAME Dr. Scott Ragland Dr. Scott Ragland ADDRESS ADDRESS
TELEPHONE NUMBER Onclude Area Code) TELEPHONE NUMBER (lnclude Area Code)

(661) 326-2000 (661)326-2000
1
~

DFEH USE ONLY DFEH USE ONLY COUNTY CODE COUNTY CODE

Kern Medical Center. 1 8 3 Flower Street -~ ----Kern Medical Center, 18300 Flower StreetC ITYISTATEIZIP CITY/STATE/ZIP Bakersfield, CA 9 3 3 0 5 - 4 1 9 7 Bakersfield, CA 93305-4197 NO. OF EMPLOYEESIMEMBERS (if known) NO. OF EMPLOYEES/MEMBERS (if known) Approx. 1 , 3 0 0 Approx. 1,300 THE PARTICULARS ARE: THE PARTICULARS ARE: COUNTY COUNTY Kern Kern
DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (monlh, day, and year) July 10,, 2006 ToOK PLACE (month, day, and year) july 1 0 2 0 0 6

I

On

August 3,

2006

I was

_ftr8d _Iaidolf ~derT1aed

_

--8f11lIo'j!T'8'I derled pranotion

lQL _ flIfriIy ex me<icalleave _ derled JlRlI1&l'l' leave XX WedfsnlryUIlledca~
_ doned --equelpay equal pay _ doned right 10 W9flt pants deried right lower p n ( r

haraa.Ied - chanleteriolics team chammbur Xxmmd .JLXtoroed lo qut _ geneticC ~ W I 10 quit testing

_ jlI8gW1CY a:ccmmodalial lmpermlssiblemnjoMslatsdhpny OmaMPdabQ) ~ .... (If*:IIy) retaliated agaiiiSt i i zdenied retaliated a g a i n and m i e d

-xx dIried lICIXlITlIl10da IrqJify mpamiSsibl8 1lOIl1_led
lnteractlve process interactive process

deried transfef

----

::RESPONDENTCODE RESPONDENT CODE

by _M:.:;r::...:......:p,;:e:::t.:::,e::.r..:B::.:r~y..::a:::n~, --::.e=..t..:a:.:l:.;.:... by Mr. Peter Bryan, et al.
Name of Person Name of Person
sax because of my: -" because of my: _age -age
_religion * -n

Chief Executive Officer of Kern Medical Center ~_:_::::.;Ch::.:l;.:'e:;f:..-::E:::x::::e.:::,c.:;:.u:::.;t v~e:....:::O:.::f.=f.=i.:::.ce.:::.r::......:o::.:f:.......::K::::e:.::r~n,-M=ed~l;.:· c:;a~l:....:::C::::e~n.:::.t.:::.er=-Job Title (supervisor/manager/personnel director/etc.) Job Title (supervisor/manager/personnel directorletc.)
l .=.;'

_

_

national a@in~ancest+ -d o n a toriginlanoestrY

..!Kphysical disability X X p h y s diMity ~

marital stetus -mnal stalua _ s ~sexualb M m d a DlierUtion

..xx... menial disability maw d m
-*(spad(y) XX

_an:er CB~OBT
_ e d genetica n d e n s t k g i c e h chlnderisllc

-

(Circle one) fihng, ...xA- (Circle one) filing;
Protesting; participating in Protesting, participating in investigation (retaliation for) investigation (retaliation for) _

-raWx+a raceI<:oIor

apsaraiion _association

.1Qf._(speciIy)...;CF::..:RA~

CFRA

the reason given by the reason given by

Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Name of Person and Job Title Name of Person and Job Title see attachment. see attachment.

Was because Please Was because Please of [please of [please state what state what you believe to you believe to be reason(s)] be reason(s)]

IIwish to pursue this matter in court. IIhereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. II understand that if I wlsh to pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. understand 1 want a federal notice of right-to-sue, IImust visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the want a federal notlce of right-to-sue, must visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 Of DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act. whichever is earlier. IIhave not been coerced into making this request, nor do IImake it based on fear of retaliation if IIdo not do so. I understand it is the Department of Fair have not been coerced into making this request, nor do make it based on fear of retaliation if do not do so. I understand it is Department Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." Employment and Housing's policy to not process or reopen a wmplaint once the wmplaint has been closed on the basis Elected Court Actlon."

Ideclare under penalty of perjury under the laws of the State of California that the foregoing i s true and correct of my own knowledge except as to matters

Dated Dated _~:-"'-=-_-I-

_

C

~~MPLAIN~NTS SIGNATURE

~t Glendale At Glendale City City DATE FILED. DATE FILED DFEH-300-03 (01105) DFEH·30o-03 (01105) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

RECEIV D
STATE OF

c"R~rNf4

2006

DEPT. f:MPLO MEN" LIEPI OF FAIR EMPLO MEN AND HOUSING

1

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 66 of 75

RIGHT-TO-SUE COMPLAINT INFORMATION SHEET RIGHT·TO-SUE COMPLAINT INFORMATION SHEET
DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, needs a separate signed complaint for each employer, person, labor organization, employment agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a company and an individual@), please complete separate complaint forms naming the company or an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and the following so that DFEH can process your complaint and for DFEH for statistical purposes, and signed complaint(s): retum with your signed complaint(s):
African-American - African-American - African - Other _ Asian/Pacific Islander (specify), - AsianlPacific Islander (specify) E Caucasian (Non-Hispanic) RACE:/ETHNICITY YOUR RACE:IETHNICITf (Check one) _ YOUR GENDER: YOUR GENDER; _ Clerical - Clerical Female xx Male - Female x Male

YOUR OCCUPATION: YOUR OCCUPATION:

xx - Caucasian (Non-Hispanic) Native American - Native American _

- Hispanic(specify)
English Enqlish

Hispanic(specify)~

_

YOUR PRIMARY LANGUAGE (specify) PRIMARY LANGUAGE
YOUR AGE:

- Equipment Operator Laborer - Laborer _ Manager - Manager _ Paraprofessional - Sales - Service _ - Supervisor Technician - Technician
- Paraprofessional xx .1Lx - Professional

Craft - Craft Operator _ Equipment

..L..1..

rl

IF FILING BECAUSE OF YOUR NATIONAL NATIONAL IF FlLlNG BECAUSE ORIGIN/ANCESTRY. YOUR NATIONAL ORIGINIANCESTRY. NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY (specify) IF FILING BECAUSE OF DISABILITY, IF FlLlNG BECAUSE OF YOUR DISABILITY: YOUR DISABILITY; AIDS AIDS BloodfCirculation Blood/Circulation BrainfNervesiMuscles BrainlNewes/Muscles Digestive/UrinaryfReproduction DigestivelUrinarylReproduction _ Hearing Hearing Heart Heart ..lQ( Limbs (Arms/Legs) Limbs (ArmslLegs) JQC Mental xx Mental _ Sight Sight _ Speech/Respiratory SpeecWRespiratory _ Spinal/Back SpinallBack

=
-

-

-

- Human Relations Commission Human Relations - Labor Standards Enforcement Enforcement _ Local Govemment Agency - Local Government - Poster Prior Contact - RadioContact with DFEH DFEH - Radio - Telephone Book _ Telephone Book
- TV

xx JQC Attomey - Attorney BusfBART - BuslBART Advertisement - Community Organization _ Organization EEOC - EEOC EDD - EDD Friend - Friend

HOW YOU HEARD ABOUT DFEH: you

- DFEH Web Site DFEH Web Site
DO YOU HAVE AN HAS DO YOU HAVE AN ATTORNEY WHO HAS AGREED TOREPRESENTYOUONYOUREMPLOYMENT TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING ·YES", YOU WILL BE RESPONSIBLE FOR HAVING YOUR SERVE THIS DFEH COMPLAINT. YOUR ATTORNEY SERVE THIS PFEH COMPLAINT.
EYes No

IF FILING BECAUSE OF MARITAL STATUS, IF FlLlNG BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) Cohabitation Cohabitation Divorced Divorced Married Married _ Single Single

-

IF FILING BECAUSE OF RELIGION. IF FII ING BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION: (specify)

PLEASE PROVIDE YOUR ATTORNEY'S NAME. PLEASE PROVIDE YOUR ATTORNEY'S NAME. ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER
Eugene D. Lee, E s q (SB# 2 3 6 8 1 2 Eugene D. Lee, Esq.. (SB# 236812))

IF FILING BECAUSE OF SEX. THE REASON: IF FlLlNG BECAUSE OF SEX. THE REASON: Harassment Harassment Orientation Orientation _ Pregnancy Pregnancy _ Denied Right to Wear Pants Denied Right to Wear Pants _ Other Allegations (List) Other Allegations (List)

-

-

Law O f f i c e o f Euqene Lee Law Office of Eugene Lee
4 4 5 South Figueroa S t r e e t S u i t e 2 7 0 0 445 South Figueroa Street,, Suite 2700

OFEH·300·03·1 (OIl05) DFEH-300-03-1 (01105) Department of Fair Employment and Housing Department of Fair Employment and Housing Slale of California State of California

Date

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 67 of 75

COMPLAINT OF DISCRIMINATION UNDER DFEH COMPLAINT OF DISCRIMINATION UNDER DFEH #~7FC1R-Sl;tC"feE THE PROVISIONS OF THE CALlFORNlA THE PROVISIONS OF THE CALIFORNIA DFEH USE ONLY·" Y. -' FAlR EMPLOYMENT AND HOUSING ACT EMPLOYMENT AND HOUSING ACT FAIR CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
YOUR NAME (indicate Mr. or Ms.) YOUR NAME (indicate Mr. or Ms.)

* * * E~[mENT * * * E#~WENT COpy COPY

.I

Mr. David F. Jadwin, DO, FCAP Mr. David F. Jadwin, DO, FCAP
ADDRESS ADDRESS 3 1 8 4 Beaudrv Terrace 3184 Beaudry Terrace *

TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818 541-0496 (818)) 541-0496

NAME NAME

Los Angeles Los NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITIEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
Dr. Jennifer Dr. Jennifer Abraham
I

CITYISTATEIZIP CITY/STATE/ZIP

Glendale, CA 9 1 2 0 8 - 1 7 4 5 Glendale, CA 91208-1745

COUNTY COUNTY

COUNTY CODE COUNTY CODE

TELEPHONE NUMBER Onclude Area Code) TELEPHONE NUMBER (Include Area Code) (661)326-2000 (661) 326-2000

ADDRESS ADDRESS

DFEH USE ONLY DFEH USE ONLY COUNTYCODE COUNTY CODE

Center, 1 8 3 0 Street Kern Medical center, 1830 Flower Street
CITYISTATEIZIP CITY/STATE/ZIP COUNTY COUNTY
I

Bakersfield, CA 9 3 3 0 5 - 4 1 9 7 Bakersfield, CA 93305-4197
NO. OF EMPLOYEESIMEMBERS known) NO. OF EMPLOYEES/MEMBERS (if known) Approx. 1 , 3 0 0 Approx. 1,300 THE PARTICULARS ARE: THE PARTICULARS ARE:

Kern Kern
DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) 10, 2006 TOOK PLACE (month, day. and year) July 10, 2006
:;RESPONDENT CODE RESPONDENT CODE

On

August 3, 2006

I was

fired _laIdol!

...1.QScIElrT1aBd
_
hlnssed genetic charBc:teristlcs resting

--xx_

__~ _ _ pIQ11ltIon dIlnIed Inmfer

a>cXlII1"IllldB

-lLXioroed to ~
Mr. Peter Bryan,...;e::..;t:-:a;,;:l;..:. bY---=M,;:.r:...:.~P.:::.e=-te::;r:....:B;,;:ry:..L.::a=n.:..et al. • Name Penon Name of Person

xx-ISI*ft) retaliated
interactive process

impermissible nor>-job-related Inqo.Mry

X ~ ~ a - l e a _ X denied preg'81Cy"" n , -dE-'jpeOgxy_ _ oquaI pay --*pay _doried righI to _ pants deried ripm to wear pants _ ~ llClXmllOdation

~_farrilyormedcil_

agairiS't and denied _

by

Chief Executive Officer of Kern Medical Center --.,;C::;h.:.:i;.;;e;.;;f-=:.Ex:.:.e::.;c::..;u::.:t:.:i;..:v..;;e--::.o::.;f::..;fJ.::.:·::.:e::.:r;...;::O.:::.f.....:.:K::.;er::..;n:::...:.M.:.:e::.:d::.:i;.;;cc.::a=.l-=-Ce=.:n~t::.:e;,;:r'-c (supervisorlmanagerlpersonnel directorletc.) Job Title (supervisor/manager/personnel director/etc.)
nationel orlgif\llVlces1ry naaral oti@~mceay
S8JCUlII

because my: because of my:

sex -" _age -age
_religion -rel~g~on
rO -

_
_

ap h y u d i i l i t y .M. physlcal disability
1Ql1llllrtal <isabIlIly ~ rnc b a
M_(specity}....:C~F::.:RA~

rac:e/CClor

0fierUIi00 -~~ -cssmabn
_association

_ meriIaI status -m s1a1us

-arocer _ -genetic chsradenstk ~enacic
CBXXI

...xL (Circle one) filing;
Protesting: participating in Protesting; in investigation (retaliation for) investigalion

Cheractenstlc

XX am(*)

CFRA

_

reason the reason given by

Mr. Peter Bryan, chief Executive Officer of Kern Medical Center Mr. Bryan,
Name of Person and Job Tille Name Title

Was because because of [please state what you believe to be reason(s)] reason(s)]

Please see attachment. attachment.

\0 mailer n 'hereby Employment I understand if I \\ wish to pursue this matter iin court. Ihereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. I understand that 11 I of right-to-sue, complaint receipt of want a federal notice of right-to-sue. I must visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of rece~pt the act. DFEH "Notice of Case Closure." or within 300 days of the alleged discriminatory act, whichever is earlier.

I request, I besed of I I have not been coerced into making this requesl, nor do I make it based on fear of retaliation if I do not do so. I understand it is the Department of Fair Employment to "Complainant Employment and Housing's policy lo not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action."
I of of California il correct al o matters I declare under penalty of perjury under the llaws of the State of Callfornla that the foregoing is true and correct of my own knowledge except as tto matter3 a m of matters I believe It o ~e true. . ~ stated on my Infor atlon an~ belief, and al to thOle matters I believe it tto be true.

•
Dated Dated

i It
Citv City

to

f"

\ .....·..

-A

EEl ~r-

/1 - .. ~(1

-

- - - - -

COMPLAINANT'S IGNATURE COMPLAINANT'S~GNATURE

A( Glendale At Glendale

DATE F (LED: DATE FILED: DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

RECE\VED
Nol14 ~O~IFORNIA
rEPT. OF FAIR fMPLO~MENl ~ E p OF FAIR EMPLOYMENT x )- . AND HOUSING AND HOUSING

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 68 of 75

RIGHT-TOSUE COMPLAINT INFORMATION SHEET RIGHT-TO-SUE SHEET
DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, for each employer, person, labor organization, employment agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a govemment agency you wish to file against. If you are filing against both a committee, company and an individual@), please complete separate complaint forms naming the company or an individual in the individual(s), complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and following for for statistical purposes, and retum with your signed complaint(s): return with your signed complaint(s):

- African -- Other African Other - Asian/Pacific Islander (specify), AsianlPacific Islander (specify) E Caucasian (Non-Hispanic) xx Caucasian (NowHispanic) - Native American - Native American _ Hispanic(specify) - Hispanic(specify)
_ YOUR PRIMARY LANGUAGE (specify) YOUR PRIMARY LANGUAGE (specify) English Enqlish YOUR AGE: YOURAGE:

- African-American African-American

YOUR RACE:IETHNICITY (Check one) YOUR RACE:/ETHNICITY

YOUR GENDER: _ GENDER:
_

lSJS. Male - Female &x Male

_

L..1. 22

IF FILING BECAUSE OF YOUR NATIONAL IF FlLlNG BECAUSE OF YOUR NATIONAL ORIGIN/ANCESTRY, YOUR NATIONAL QRIGINIANCESTRY. YOUR NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY (specify) IF FILING BECAUSE OF DISABILITY, IF FlLlNG BECAUSE OF DISABILITY, YOUR DISABILITY: YOUR DISABILITY: AIDS AIDS Blood/Circulation BloodlCirculation Brain/NerveslMuscles BrainlNerveslMuscles Digestive/Urinary/Reproduction DigestivelUrinarylReproduction _ Hearing Hearing Heart Heart .,Xl( Limbs (Arms/Legs) Limbs (ArmsILegs) M Mental xx Mental _ Sight Sight _ Speech/Respiratory SpeechlRespiratory _ Spinal/Back SpinaltBack

YOUR OCCUPATION: Clerical Clerical Craft craft _ Equipment Operator Equipment Operator Laborer - Laborer _ Manager _ Paraprofessional Paraprofessional xx Professional E Professional _ Sales - Service Service _ Supervisor - Technician Technician

-

= -

-

2

- Community Organization Community Organization - EEOC EEOC - EDD EDD - Friend Friend - Human Relations Commission Human Relations Commission - Labor Standards Enforcement Labor Standards Enforcement _ Local Government Agency - Local Government Agency - Poster Poster - Prior Contact with DFEH Prior Contact with DFEH - Radio Radio _ Telephone Book - Telephone Book
_

xx Attorney xx - Attorney BudBART Advertisement - Bus/BART Advertisement

HOW YOU HEARD DFEH; HOW YOU HEARD ABOUT PFEH:

- TV TV - DFEH Web Site DFEH Web Site

IF FILING BECAUSE OF MARITAL STATUS, IF FlLlNG BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) Cohabitation Cohabitation Divorced Divorced Married Married _ Single Single

-

DO YOU HAVE AN ATTORNEY WHO HAS AGREED DO YOU HAVE AN ATTORNEY WHO HAS AGREEp TO REPRESENT YOU ON YOUR EMPLOYMENT TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK 'YES". YOU WILL BE RESPONSIBLE FOR HAVING ·YES", YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNFY SERVE THIS DFEH COMPLAINT. YOUR ATTORNEY SERVE THIS DFEH COMPLAINT.
xxYes No

IF FILING BECAUSE OF RELIGION, IF FlLlNG BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION: (specify)

=
-

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE OF SEX, THE REASON; Harassment Harassment Orientation Orientation _-Pregnancy Pregnancy Denied Right to Wear Pants Denied Right to Wear Pants Other Allegations (List) Other Allegations (List)

BEASE PROVIDE YOUR ATTORNEY'S NAME. PLEASE PROVIDE YOUR ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER: Euqene D Lee, Esq. (SB# 236812) Eugene D. . Lee, Esq. (SB# 236B12)
Law Office of Euqene Lee Law Office of Eugene Lee
445 South Figueroa Street, S u i t 2700 445 South Figueroa Street, Suitee 2700

-

. '

DFEH-300-03·' (01105) . . Department of Fair Employment and Housing Department of Fair Employment and Housing State of Califom ia State of California

Date

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 69 of 75

* * * EMPLOYMENT * * *
COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAlR EMPLOYMENT AND HOUSING ACT
YOUR NAME (~nd~cate or Ms Mr YOUR NAME (indicate Mr, or Ms,) ) Mr. Davld F. Jadwln, DO, FCAP Mr. David F. Jadwin, DO, FCAP ADDRESS ADDRESS 3184 Beaudry Terrace 3184 Beaudry Terrace ClTYlSTATElZlP CITY/STATE/ZIP Glendale, CA 9 1 2 0 8 - 1 7 4 Glendale, CA 91208-17455

AMENDED

~FEH #

~ 2 0 0 6 0 7 - ( 3 3 ~ ~ ~

NOTpfl,FL?3 ERVICE
TELEPHONE NUMBER (INCLUDE AREA CODE) TELEPHONE NUMBER (INCLUDE AREA CODE) (818) 541-0496 (818) 5 4 1 - 0 4 9 6

CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

COUNTY COUNTY Los Angeles Los Angeles

COUNTY CODE COUNTY CODE

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME. OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:
NAME NAME Dr. Wllllam Roy Dr. William Roy ADDRESS ADDRESS Truxtun Avenue 4 2 600 6001 1DD Truxtun Avenue 4200 ClTYlSTATElZlP CITY/STATE/ZIP Bakersfield, CA 9 3 3 0 Bakersfield, CA 933099 NO OF EMPLOYEESIMEMBERS (tf known) NO, OF EMPLOYEES/MEMBERS (if known) THE PARTICULARSARE: THE PARTICULARS ARE:
TELEPHONE NUMBER Qnclude Area Code) TELEPHONE NUMBER (lnclude Area Code) (661 327-9800 (661) ) 327-9800
a

DFEH USE ONLY DFEH USE ONLY COUNTY CODE COUNNCODE

COUNTY COUNTY Kern Kern DATE MOST RECENT OR CONTINUING DISCRIMINATION DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month. day, and year) July 10, , 20066 TOOK PLACE (month. day. and year) JULY 1 0 2 0 0

I

:RESPONDENT CODE !RESPONDENT CODE

On ~ u g u 3, On Augusts t 3 ,

200 20066

I Iwas was

_ftred

z:;d _Ieidofr XX danoled --lili dolIlQed har8soed -mw

_-flITllI~ _ denied pIllIl104Ia1
- -

~_farrjlyormedcalleave _ _ prvg>n:y leave
--equoIp8Y pa1t'

-

@ m a l s 6 Iesbng _genetic characteristicS 9 leshng xxfcimd quit -lLXtorced 10I0 quit

-

-xx _lICCCITrnlldaIIon _ defied - righllo _ Impermlsstlle non.job-rllIsted inqujry -1""'!l!&lCY lI<XXllm'<lda\i mperrmrsble b.r€ia(edmquiry dsied ~~(~)retaliated againsc and m i e d Ewisy rTalialiated a g a i n 3 a n denied Interact ve process process
~nteractive

OaxmmdaDDn

by by

Mr. Peter Bryan, et al. Mr. Peter Bryan, et al. Name of Person Name of Person

Chief Executive Officer of Kern Medical center Chief Executive Officer of Kern Medical Center Job Title (supervisor/manager/personnel director/etc,) Job Title (supervisorlmanagerlpersonnel directorletc.)
JQl physical disability z p h y r i e s l disobJily

sex because of my: -" because of my: _ege -age
_religion religion
r O llICIlot<llor

_-Wonal national originl«lC8.lIy wwrn4anmstry
merital rtaw -merim&talUS -~ m w h b m
S8J<UIlIOrientalion

-

.xx.. mental cjsabifity XX_ rmasability n

_

_- g ~ cgene!lca e t i s t i c h a r e cherecteriSbc

-an:«

(Circle one) filrng; .1lli- (Circle one) filing;
Protesting; participating in Protesting; participating in investigation (retaliation for) investigat~on (retaliation for)
_

essodetion -msaciafiwr

JQl~(spedfy)-:::;CF~RA=-

XX

c#xr(spedly)

CFRA

the reason given by the reason given by

Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Mr. Peter Bryan, Chief Executive Officer of Kern Medical Center Name of Person and Job Title Name of Person and Job Title

Was because Please see attachment. Was because Please see attachment. of [please of [please state what you believe to you believe to be reason(s)] be reason(s)]
I I wishto pursue this matter in court, I Ihereby request that the Department of Fair Employment and Housing provide a right-la-sue notice, IIunderstand that if II wish to pursue this matter in court. hereby request that the Department of Fair Employment and Housing provide a right-to-sue notice. understand that if want aafederal notice of right-la-sue, I I mustvisillhe U,S, Equal Employment Opportunity Commission (EEOC) 10 file a complainl within 30 days of receipt of the want federal notice of right-lo-sue, must visit the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of rece~pt the of DFEH "Notice of Case Closure." or within 300 days of the alleged discriminatory act, whichever is earlier. DFEH "Nolice of Case Closure," or within 300 days of lhe alleged discriminatory act, whichever is earlier, have not been coerced into making this request, nor do make it based on fear of retaliation if do not do so. understand it is the Department of Fair I I havenol been coerced inlo making this request. nor do IImake it based on fear of relalialion if IIdo nol do so, IIunderstand it is Ihe Department of Fair Employment and Housing's policy to not process or reopenn a complainl once the complaint has been closed on the basis of "Complainant Elected Court Action," Employment and Housing's policy to not process or r e o w a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action." I I declareunder penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters m a t t e believe It t o bstrue. stated on my info stlon and belief, snd as to those mattersnIIbelieveIt to. be true. .

Dated Dated

if l~ oIP
City

'-'J)··t:W:J. ~--=-t.._ _ ~OMPLAINANT'S
<
FE

~t Glendale At Glendale

DATE FILED: DATE FILED: DFEH-300-03 (01105) DFEH-300-03 (01/05) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

RECEIVED RECE'VED

STATE OF CALIFORNIA STATE OF CALIFORNIA

NOV 142006 I 4 2006 DEPT OF FAIR £MPLOYMENT \ E . FAN EMPLOYMENT ) n HOl!SING AND HOUSING

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

Page 70 of 75

COMPLAINT INFORMATION SHEET RIGHT-TO-SUE COMPLAINT INFORMATION SHEET
DFEH needs a separate signed complaint for each employer, person, labor organization, employment agency, needs a separate signed complaint for each employer, person, labor organization, employment agency, apprenticeship committee, state or local government agency you wish to file against. If you are filing against both a apprenticeship committee, state or local govemment agency you wish to file against. If you are filing against both a company and an individual(s), please complete separate complaint forms naming the company or an individual in the company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. appropriate area. Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and the following so that DFEH can process your complaint and for DFEH for statistical purposes, and retum with your signed complaint(s): return with your signed complaint(s):
African-American - African-American African - Other - African - Other (specify) _ Asian/Pacific Islander - AsianlPacific Islander (specify) xx (Non-Hispanic) XX - Caucasian (Non-Hispanic) Native American American - Hispanic{specify), Native _ - Hispanic(specify)
English Enqlish

YQUR RACE:/ETHNIClry YOUR RACE:IETHNICITY (Check one)

YOUR GENDER: YOUR GENDER; _ Clerical - Clerical

Female x - Female &E

Male Male

YOUR OCCUPATION: YOUR OCCUPATION:

_

_

YOUR PRIMARY LANGUAGE (specify) PRIMARY LANGUAGE (specify)

YOUR AGE: AGE;

'§"..1. 5 7

--

IF FILING BECAUSE OF YOUR NATIONAL IF FILING BECAUSE ORIGIN/ANCESTRY, YOUR NATIONAL ORIGINIANCESTRY. NATIONAL ORIGIN/ANCESTRY (specify) ORIGINIANCESTRY (specify) IF FILING BECAUSE OF DISABILITY, IF FlLlNG BECAUSE OF DISABILITY, YOUR DISABILITY: YOUR DISABILITY: AIDS AIDS Blood/Circulation BloodlCirculation Brain/Nerves/Muscles Brain/NerveslMuscles _ Digestive/Urinary/Reproduction Digestive/UrinarylReproduction _ Hearing Hearing Heart Heart xx Limbs (Arms/Legs) xx Limbs (ArmsILegs) E Mental xx Mental _ Sight Sight _ Speech/Respiratory SpeechlRespiratory _ Spinal/Back SpinallBack

- Supervisor Technician - Technician

_ Paraprofessional - Paraprofessional xx Professional - Sales Service - Supervisor _
jQ{

- Equipment Operator Laborer - Laborer _ - Manager

Craft - Craft Operator _ Equipment

-

-

EDD - EDD

xx 1QC Attomey - Attorney BuslBART Advertisement Bus/BART _ Community Organization Community Organization - EEOC Friend Friend

HOW YOU HEARD ABOUT DFEH:

_

-

- Labor Standards Enforcement - Local Govemment Agency Local Government Agency - Poster Poster
- Prior Contact with DFEH Contact with DFEH
Radio - Telephone Book Radio - TV Telephone Book

Human Relations Commission - Labor Standards Enforcement Human Relations Commission

-

_

- DFEH Web Site DFEH Web Site
DO YOU HAVE AN HAS PO YOU HAVE AN ATTORNEY WHO HAS AGREED TO REPRESENT YOU ON EMPLOYMENT TO REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATIONCLAIMS IN COURT? IF YOU CHECK DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK "YES". YOU WILL BE RESPONSIBLE FOR HAVING "YES', YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. xxYes EYes

-T'f

IF FILING BECAUSE OF MARITAL STATUS, IF FILING BECAUSE OF MARITAL STATUS, YOUR MARITAL STATUS: (Check one) YOUR MARITAL STATUS: (Check one) Cohabitation Cohabitation Divorced Divorced Married Manied _ Single Single

-

IF FILING BECAUSE OF RELIGION, IF FlLlNG BECAUSE OF RELIGION, YOUR RELIGION: (specify) YOUR RELIGION; (specify)

-

No No

IF FILING BECAUSE OF SEX, THE REASON: IF FlLlNG BECAUSE OF SEX. THE REASON: Harassment Harassment Orientation Orientation _ Pregnancy Pregnancy _ Denied Right to Wear Pants Denied Right to Wear Pants _ Other Allegations (List) Other Allegations (List)

PLEASE PROVIDE YOUR ATTORNFY'S NAME, PLEASE PROVIPE YOUR ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: ADDRESS AND PHONE NUMBER: Eugene D. Lee, Esq. (SB# 236812) Eugene D. Lee, Esq. (SB# 236812)
Law Office of Eugene Lee Law Office of Eugene Lee
445 South Figueroa Street, Suite 2700 4 4 5 south Figueroa Street, Suite 2700

-

-

-

-

."

<
1 '

DFEH-300-03-1 (01/05) . DFEH-300-03-1 (01105) Department of Fair Employment and Housing Department of Fair Employment and Housing State of California State of California

.

W

r Signature

/

Case 1:07-cv-00026-OWW-TAG

Document 241-2

Filed 10/07/2008

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Attachment to Dr. David F. Jadwin's Complaint of Discrimination Against County Attachment to Dr. David F. Jadwin's Complaint of Discrimination Against County of Kern, Kern Medical Center, Mr. Peter Bryan, and Affiliated Entities of Kern, Kern Medical Center, Mr. Peter Bryan, and Affiliated Entities

Until July 10, 2006, was Chair of Pathology at Kern Medical Until July 10, 2006, II was Chair of Pathology at Kern Medical Center ("KMC"), a hospital that is owned and operated by the Center ("KMC"), a hospital that is owned and operated by the County of Kern in California. My employment began in December County of Kern in California. My employment began in December executed on 2000, pursuant to an employment contract which 2000, pursuant to an employment contract which II executed on October 24, 2000. On November 12, 2002, II executed a subsequent On November 12, 2002, executed a subsequent October 24, 2000. employment contract with KMC with a five-year term ending on employment contract with KMC with a five-year term ending on October 4, 2007. October 4, 2007. was recruited to rebuild the pathology service. II was able to was able to II was recruited to rebuild the pathology service. dramatically improve the performance of the department and dramatically improve the performance of the department and patient care throughout the hospital. However, I experienced patient care throughout the hospital. However, I experienced almost immediate resistance to the changes made. In 2002, I In 2002, I almost immediate resistance to the changes II made. began to suffer professional mistreatment and harassment by a began to suffer professional mistreatment and harassment by a few members of the KMC medical staff in retaliation for my few members of the KMC medical staff in retaliation for my efforts to address critical deficiencies in the quality of efforts to address critical deficiencies in the quality of patient care and inefficiencies at the hospital. The tortious The tortious patient care and inefficiencies at the hospital. attacks, hostile work environment and the conduct of the attacks, hostile work environment and the conduct of the administration eventually caused me to succumb to debilitating administration eventually caused me to succumb to debilitating depression, anxiety and insomnia, etc., for which I sought, and depression, anxiety and insomnia, etc., for which I sought, and continue to receive, expert medical help. continue to receive, expert medical help.
Finally, in January 2006, II discussed my disability and my discussed my disability and my Finally, in January 2006, various grievances with Mr. Peter Bryan, CEO of KMC, and various grievances with Mr. Peter Bryan, CEO of KMC, and requested medical leave. Mr. Bryan agreed that I should take at requested medical leave. Mr. Bryan agreed that I should take at least six months of time off while continuing on as Chair. I least six months of time off while continuing on as Chair. I thus continued to work on a part-time basis, capably managing thus continued to work on a part-time basis, capably managing the Pathology Department and fulfilling all essential chair the Pathology Department and fulfilling all essential chair duties. later submitted a formal application for intermittent duties. II later submitted a formal application for intermittent medical leave of absence accompanied by a doctor's note which medical leave of absence accompanied by a doctor's note which certified that II would need to work on a part-time basis until would need to work on a part-time basis until certified that on or about September 2006. on or about September 2006. On April 28, 2006, II had a meeting with Mr. Bryan, during which had a meeting with Mr. Bryan, during which On April 28, 2006, he announced his unilateral decision to revoke my intermittent he announced his unilateral decision to revoke my intermittent leave. leave. Discussion was neither invited nor permitted. I was Discussion was neither invited nor permitted. I was therefore forced to comply with the order. Mr. Bryan followed therefore forced to comply with the order. Mr. Bryan followed the meeting up with a toned-down memo that stated, "I also the meeting up with a toned-down memo that stated, "I also mentioned that after Monday it would be preferable for you not mentioned that after Monday it would be preferable for you not to have an intermittent work schedule and it would be easier on to have an intermittent work schedule and it would be easier on the department to just have you on leave until your status is the department to just have you on leave until your status is to resolved." From that point on, I was no longer resolved." From that point on, I was no longer permitted to take intermittent leave or work part-time as an accommodation of take intermittent leave or work part-time as an accommodation of my disability. my disability.

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In addition, Mr. Bryan initially stated that would have until In addition, Mr. Bryan initially stated that I I would have until would resign my position. In In June 16 to decide whether or not June 16 to decide whether or not I I would resign my position. his April 17 memo to me, Mr. Bryan stated "When you return to his April 17 memo to me, Mr. Bryan stated "When you return to full time from your medical leave need for you to make full time from your medical leave I I need for you to make aa decision that you will either accept the conditions and work on that you will either accept the conditions and work on decision improving your relationships or you will step down as chairman." improving your relationships or you will step down as chairman." In his April 28 memo to me, Mr. Bryan reiterated, "Finally, In his April 28 memo to me, Mr. Bryan reiterated, "Finally, I I said that by June 16, 2006 you needed to give me your decision said that by June 16, 2006 you needed to give me your decision about your employment status. Your options were to either return about your employment status. Your options were to either return full time or resign your position." At the April 28 meeting, Mr full time or resign your position." At the April 28 meeting, Mr. Bryan orally told me that would be fired if did not choose Bryan orally told me that II would be fired if II did not choose to return as chair at the end of my leave. to return as aa chair at the end of my leave. On May 5, underwent medically necessary sinus surgery to treat On May 5, II underwent medically necessary sinus surgery to treat long-standing medical condition, and on May 29, suffered aa long-standing medical condition, and on May 29, II suffered aa serious fall which fractured two bones in my foot and avulsed serious fall which fractured two bones in my foot and avulsed aa sent letter to Mr. Bryan, ligament in my ankle. On May 31, II sent aa letter to Mr. Bryan, On May 31, ligament in my ankle. requesting an extension of the June 16 deadline due to my an extension of the June 16 deadline due to my requesting medical difficulties. medical difficulties.
On June 13, 33 days prior to the June 16 deadline he had promised On June 13, days prior to the June 16 deadline he had promised me, Mr. Peter Bryan (CEO of KMC) summarily informed me by email me, Mr. Peter Bryan (CEO of KMC) summarily informed me by email that II was being stripped of chairmanship effective June 17, that was being stripped of chairmanship effective June 17, 2006, due to my taking excessive sick leaves and my subsequent 2006, due to my taking excessive sick leaves and my subsequent alleged "inability to provide consistent and stable leadership alleged "inability to provide consistent and stable leadership in the department for most of the past eight to nine months". in the department for most of the past eight to nine months". Mr. Bryan further stated that he was going to grant me 90 days Mr. Bryan further stated that he was going to grant me 90 days of personal leave, despite the fact that II had not yet exhausted had not yet exhausted of personal leave, despite the fact that the 6 months' of cumulative sick leave permitted under Kern the 6 months' of cumulative sick leave permitted under Kern County rules. County rules. According to the human resources department at KMC, as of June According to the human resources department at KMC, as of June 13, II had taken, in the aggregate, 12 weeks of CFRA sick leave had taken, in the aggregate, 12 weeks of CFRA sick leave 13, and approximately 3-4 additional weeks of County sick leave and approximately 3-4 additional weeks of County sick leave based on doctor's certifications which II submitted. submitted. based on doctor's certifications which Prior to June 13, Mr. Prior to June 13, Mr. concerns regarding my concerns regarding my Bryan had in at least Bryan had in at least would have until June would have until June resign my position at resign my position at Bryan had not communicated to me his Bryan had not communicated to me his sick leaves. In fact, as noted above, Mr. sick leaves. In fact, as noted above, Mr. two written communications told me that II two written communications told me that 16, 2006 to decide whether to continue or 16, 2006 to decide whether to continue or KMC. KMC.

On June 26, Mr. Bryan stated that II had "recently been seen on had "recently been seen on On June 26, Mr. Bryan stated that the hospital campus" while on my personal necessity leave of the hospital campus" while on my personal necessity leave of absence. He then took the drastic measure of ordering me to absence. He then took the drastic measure of ordering me to "refrain from entering the facility for any reason other than "refrain from entering the facility for any reason other than seeking medical attention", "refrain from contacting any seeking medical attention", "refrain from contacting any

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employee or faculty member of Kern Medical Center for any reason employee or faculty member of Kern Medical Center for any reason other than seeking medical attention", and stated that "usage of otherthan seeking medical attention", and stated that "usage of any and all equipment as well as access to any and all systems any and all equipment as well as access to any and all systems has been suspended while [on my] approved personal necessity has been suspended while [on my] approved personal necessity leave of absence". II discovered that this included suspension leave of absence". discovered that this included suspension of my email and voice mail accounts, to which I require access of my email and voice mail accounts, to which I require access in order to manage ongoing patient care issues. Mr. Bryan in order to manage ongoing patient care issues. Mr. Bryan concluded his letter by saying that "Failure to comply with the concluded his letter by saying that "Failure to comply with the instructions of this letter, are grounds for instructions of this letter, are grounds for disciplinary actions up to and including termination of your contract with actions up to and including termination of your contract with the County of Kern." the County of Kern."

On June 29, my attorney, Mr. Eugene Lee, sent a letter to Ms. On June 29, my attorney, Mr. Eugene Lee, sent a letter to Ms. Karen Barnes, Deputy County Counsel for the County of Kern, Karen Barnes, Deputy County Counsel for the of Kern, disclosing my intention to pursue legal remedies against KMC and disclosing my intention to pursue legal remedies against KMC and certain of its officers and employees, and requesting that KMC certain of its officers and employees, and requesting that KMC preserve all evidence relating to my claims. The letter preserve all evidence relating to my claims. The letter specifically stated that I would be pursuing claims for, among specifically stated that I would be pursuing claims for, among other things, disability discrimination, failure to accommodate other things, disability discrimination, failure to accommodate disability, retaliation for taking California Family Rights Act disability, retaliation for taking California Family Rights Act medical leaves, etc. medical leaves, etc.
On July 3, I filed a Tort Claims Act form with the County of On July 3, I filed a Tort Claims Act form with the of Kern, describing my related tort and contractual breach claims. Kern, describing my related tort and contractual claims. In that form, I specifically named as potential defendants Mr. In that form, I specifically named as potential defendants Mr. Bryan, Dr. Irwin Harris, Dr. Eugene Kercher, Dr. Scott Ragland, Bryan, Dr. Irwin Harris, Dr. Eugene Kercher, Dr. Scott Ragland, and Dr. Jennifer Abraham, all KMC officers and employees, and Dr. and Dr. Jennifer Abraham, all KMC officers and employees, and Dr. William Roy, a contract physician. William Roy, a contract physician.

later learned from Deputy County Counsel Karen Barnes in her II later learned from Deputy County Counsel Karen Barnes in her reply letter to Mr. Lee of July 18, that on July 10, the KMC reply letter to Mr. Lee of July 18, that on July la, the KMC Joint Conference Committee had formally to accept Mr. Joint Conference Committee had formally voted to accept Mr. Bryan's recommendation that I be removed as Chair of the Bryan's recommendation that I be removed as Chair of the Pathology Department. I had no prior notice of this meeting or Pathology Department. I had no prior notice of this or its agenda. its agenda.
On September 19, I protested the over 35% reduction in my base base On September 19, I protested the over 35% reduction in chair duties. salary KMC was due to the removal of salary KMC was proposing due to the removal of my chair duties. On September 20, the interim CEO, Mr. David Culberson, sent me a On September 20, the interim CEO, Mr. David Culberson, sent a letter dismissing my concerns about my pay reduction. letter dismissing my concerns about reduction.

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EXHIBIT 5 Notice of Intent to Sue from Plaintiff to the California Labor & Workforce Development Agency dated 1/5/07

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(213) 992-3299 TELEPHONE (213) 596-0487 FACSIMILE

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ELEE@LOEL.COM E-MAIL WWW.LOEL.COM WEBSITE

L A W

E U G E N E

O F F I C E

L E E

O F

555 WEST FIFTH S TR EET, SUITE 3100 LOS ANGELES, CALIFORNIA 90013-1010

January 5, 2007 VIA US MAIL California Labor and Workforce Development Agency (LWDA) 801 K Street, Suite 2101 Sacramento CA 95814 Re: Notice of California Labor Code § 1102.5 violation pursuant to California Labor Code §§ 2699.3(a)(1) 100011.001

Dear LWDA representative, Pursuant to California Labor Code § 2699.3(a)(1), aggrieved employee David F. Jadwin, D.O., current employee of the County of Kern at Kern Medical Center hereby notifies the California Labor and Workforce Development Agency (LWDA) and the County of Kern of the Section 1102.5 Labor Code violations committed by the County of Kern (Kern Medical Center) against Dr. Jadwin. The enclosed, as yet unfiled, complaint identifies that Section 1102.5 of the Labor Code has been violated and the facts and theories which support this violation.

Very truly yours,

EUGENE D. LEE

encl.: Complaint & Exhibits cc: Karen Barnes, Esq. Deputy County Counsel for Kern County


				
DOCUMENT INFO
Description: David F. Jadwin v. Kern County: 1:07-cv-26 in the United Stated District Court for the Eastern District of California, Fresno Division before Judge Oliver W. Wanger. This was a 2009 federal employment lawsuit that went to a bench and jury trial resulting in a unanimous verdict and significant judgment for the plaintiff employee. Issues involved violations of medical leave and disability discrimination laws, as well as 42 U.S.C. 1983 procedural due process violation. Plaintiff was represented by Eugene Lee, a Los Angeles, California employment lawyer.