A 52-year-old Kaiser Foundation Health Plan employee is suing the company, alleging management told him he was denied positions more than 250 times due to his age and because the health care company wanted “someone younger” for the jobs.
Gabriel Cardenas‘ Los Angeles Superior Court lawsuit alleges age and national origin discrimination, failure to prevent discrimination and retaliation. He seeks unspecified compensatory and punitive damages in the suit brought Wednesday.
A Kaiser spokesman issued a statement Thursday regarding the suit, saying “we cannot address this specific complaint as we do not comment on pending litigation. However, Kaiser Permanente is 100% committed to fair and equitable treatment of all of our employees by providing a work environment that is free of all forms of harassment, discrimination or retaliation.”
In his clerical job Cardenas creates schedules, makes daily assignments and coordinates various employee teams while also focusing on payroll, purchasing, department service orders, patient care review and special projects, according to the suit.
“Despite the low-level job title, plaintiff did his job and he did it well,” the suit states.
After getting his master’s degree in management in 2018, Cardenas completed nursing prerequisites at Los Angeles Harbor College and Kaiser’s program for new managers, the suit states. Cardenas also is the author of, “Eliminating Waste in the Medical Field With the Aid of Six-Sigma Methodology,” the suit states.
In March 2019, Cardenas applied for an assistant manager position which was later given to a 24-year-old intern, the suit states. Nine months later, he applied for a job as manager of administrative services, but the position was awarded to a 30-year-old applicant who ended up supervising and managing the plaintiff’s department, the suit states.
Cardenas complained in writing that he believed he was passed over for jobs more than 270 times because of his age, but his protest was ignored and not investigated, the suit alleges. “(Cardenas) was told by a project manager that he was passed over for the subject jobs because Kaiser wanted `someone younger’ for the jobs,” the suit states.
Cardenas still works for Kaiser and performs duties beyond what his job requires, but he believes he has “no legitimate chance of being promoted or hired for another position within Kaiser because of his discrimination complaints,” the suit states.
Plaintiff has suffered lost wages and benefits as well as emotional distress, the suit states.
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Barbi says
… when last my better-half was in for an MRI, we shared the lobby with three KP orthopedic patients, each with failed rotator-cuff surgeries. Scars KP surgeons left on their shoulders looked like battlefield injuries. None of them were given arthroscopy –
Pete says
Im not surprised
Discriminator says
“…the health care company wanted “someone younger” for the jobs.”
That is only part of it. Wages and benefits also factor into this scenario. SiliCon Valley is notorious for this.
Crystal Calcote says
Kaiser is annoying! They rarely promote people that go back to school in the company. They used to in the 90’s but since everyone is going to school and completing degrees Kaiser doesn’t want to train there employee’s even though they will help them financially to go to school! I say come to Kaiser when your done with all of your schooling. If your hoping to move in and out of positions with higher degrees there your wrong..Kaiser isn’t all that!!!!!
DrinkinKoolaid says
With lifespans having increased over the decades and with improvements in healthcare, I thought that the 50’s were considered the new 30’s! So much for that. The majority of my team members at Kaiser are in their 50’s and 60’s, and even approaching their 70’s, functioning at very high levels. And still, the green-grasshoppers whisper “Boomer” under their breath as we pass. Go figure.
Stinger says
Much better. At least this article included an opportunity for rebuttal by the defendant, instead of just the plaintiff’s attorney’s spiel. Not the newsies’ fault if they don’t want to comment.
Tim Scott says
Well, Kaiser has been on the wrong end of about a zillion discrimination lawsuits on basically every possible grounds over the last several years, always settling and launching a big “we are gonna do better” campaign. Not saying their rebuttal is worthless, but it is pretty clear that somewhere in their human resources department, probably at or near the top, there is somebody that just doesn’t get it and no amount of financial punishment to the company seems to change that.
Pete says
Yep!
Luw says
Why should he? He invested time in that company. The thing is…. if he was turned down because he was not the best candidate then let kaiser prove it!
Alrey says
I’m sorry, having more letters after your name doesn’t automatically make you a better person for the job. I think there’s more to it that isn’t being revealed. Honestly, if I didn’t get a job in an organization after applying even 5 times, I would get the hint & move on. I’d take my expertise elsewhere.
SRonay says
That’s me almost 64 yrs old I make circles around these younger people and I have bad hands , back, and knees I get the job faster done than a 30 yr o old
EXAV says
Age discrimination is bizarre, because people engaging in age D are discriminating against their friends, family, and their future selves. Younger people aren’t smarter. I’m in my late 40s and work circles around most of my younger coworkers, and that includes anything related to anything tech. Half of my younger coworkers are downright dense in the head, actually.
ICUKP says
Having worked for Kaiser and knowing the ins and outs of how the HR investigations unit that hahaha these complaints operates, I’m not surprised this is in litigation. I experienced retaliation within my own dept there and it’s rampant throughout the organization. My manager there recommended me for an open position in the unit then got mad at me based on unfounded information someone else gave her about me that was false, then she passed me up for the promotion and hired someone else less qualified. This is just another day at Kaiser, sadly. And if they have the EEO unit who investigated the case being deposed, expect that person to lie on the stand. I’ve seen it over and over.
Tim Scott says
This case looks very much like a lock and Kaiser would be very wise to admit they made a mistake, throw some excuses about ‘failing to update’ as this guy’s qualifications improved, and settle…then promote him.
Amy says
It should be, but Kaiser has many little tricks up their sleeve when hiring non-union employees. The job posting would be unclear.
They tend to hire friends and family, or those from their church or same college. They tend to look alike, too! A group of managers, their secretaries, and a supervisor, all in one subdepartment, were the same shade of blond, and had straightened hair. Several lived within a few blocks of each other.