Tuesday, May 2, 2006

California high school students’ consumption of alcohol, tobacco and illegal drugs is headed up, according to a nationwide study of teen substance abuse released in April.

The report, released by the U.S. Substance Abuse and Mental Health Services Administration, compared substance abuse statistics from their latest survey, in 2004, with statistics collected in 2002. It was based on interviews of more than 135,000 people.

Nationwide, the rate of underaged drinking remained basically unchanged, but in California, it rose from 15.28 percent of California children between 12 and 17-years-old who said they had consumed alcohol in the previous month in 2002, to 16.81 percent who said they had in 2004.

Binge drinking, defined as drinking five or more drinks on the same occasion (i.e., at the same time or within a couple of hours of each other) on at least one day in the past 30 days, was reported by 10.27 percent of kids in 2004, up from the 9.16 percent who said they binged in 2002.

The report found that, in 2004, 10.9 percent of the nation’s kids from the ages of 12 to 17 had used an illegal drug in the past month, down from 11.4 percent in 2002.

In California, the number of kids who said they had used an illicit drug in the past month rose, from 11.44 percent in 2002 to 12.05 percent in 2004.

Among California’s 12- to 17-year-olds, those who said they had used marijuana in the previous month rose from 7.66 percent in 2002 to 8.52 percent in 2004. Those who had used marijuana in the past year rose from 14.11 percent to 14.6 percent over the period.

Only cocaine use was down among the age group, from 1.7 percent who said they had used it in the past year to 1.61 percent.

The use of any illicit drug, other than marijuana, in the month preceding the interviews of the 12- to 17-year-olds rose from 5.79 percent to 5.97 percent, according to the report. Nearly 8 percent of the age group in California had used pain relievers for “non-medical” purposes, such as getting high, the survey reported, a topic not explored in the previous survey.

More than 9 percent of California kids from 12-17 said they were abusers of or dependent on alcohol or illicit drugs in the 2004 survey, up from just over 8 percent in 2002.

Tobacco use, including chewing tobacco, increased in the age group from 9.22 percent to 10.88 percent. Cigarette smoking rose from 7.48 percent to 8.69 percent. Fewer smokers, however, reported being at great risk of smoking a pack or more a day.

The report, State Estimates of Substance Use from the 2003-2004 National Surveys on Drug Use and Health, issued April 6, estimates state rates of use of illegal drugs, binge and underage drinking, serious mental illness and tobacco use. SAMHSA combined two years of data from the annual National Survey on Drug Use and Health to enhance the precision of estimates for the less populous states.

The report shows that California increased from 24.7 percent of 12 to 20 year olds using alcohol in the past month to 26.3 percent, while Wisconsin increased from 34.7 percent to 38.3 percent. Michigan and South Carolina, however, showed decreases in underage drinking from 31.8 percent to 30.2 percent for Michigan and from 27.3 percent to 24.1 percent for South Carolina.

For illegal drug use, six states registered decreases in current use among youth ages 12-17, Illinois, Nebraska, North Carolina, South Dakota, Vermont and Virginia. There were no statistically significant increases in current drug use among youth in any state, and there were no increases in either the 18-to-25 year old age group or the 26- and -older age group.

“While we are making progress on drug and tobacco use among youth, underage drinking continues as a stubbornly persistent problem,” SAMHSA Administrator Charles Curie said. “It’s time to change attitudes toward teen drinking from acceptance to abstinence. It begins by recognizing the importance of parents talking to their children early and often about alcohol, especially before they’ve started drinking.”

The estimates show that past month use of any illicit drug in 2003-2004 ranged from a low of 5.8 percent in Mississippi to a high of 11.8 percent in Alaska for all persons aged 12 and older. Four jurisdictions showed decreases from 2002-2003 in current use of any illicit drug: the District of Columbia, Florida, Nevada and Washington.

“State-by-state data is a powerful tool for policymakers at the federal, state and local levels to identify needs and target prevention and treatment resources. It is clear from the findings that illicit drug, alcohol and tobacco use varies substantially among states and regions. That is why we continue to work though innovative programs like Access to Recovery to increase the flexibility of federal funding available to states and communities,” Curie said.

Mississippi and Utah had the lowest rate of past month marijuana use (4.2 percent) in 2003-2004 for population ages 12 and older, while Alaska had the highest rate (9.9 percent). Eight states were ranked in the top fifth nationally for past month marijuana use in all three age groups, 12 to 17, 18 to 25 and 26 and older. These states are Alaska, Maine, Massachusetts, New Hampshire, New Mexico, Oregon, Rhode Island and Vermont.

Seven jurisdictions had decreases in past month use of marijuana between 2002-2003 and 2003-2004 for those ages 12 and older: Colorado, District of Columbia, Florida, Montana, Nevada, New Hampshire, and Washington.

Rhode Island had the highest percentage of persons aged 12 or older using cocaine in the past year, 3.5 percent. Ohio was the only state to show a decline in the use of cocaine in the past year, from 2.5 percent to 2.1 percent of persons aged 12 and older.

In the District of Columbia and Hawaii, approximately 3.1 percent of those 12 or older used narcotic pain relievers nonmedically, while 6.3 percent of those in Kentucky did. Washington and Kentucky were in the highest fifth for use of prescription pain relievers nonmedically in all three age groups. Arkansas and Maine had increases in the 12-17 age group, while California, Montana and New York had increases in nonmedical use of prescription pain medications among those ages 18 to 25. A decrease in nonmedical use of pain relievers was seen among those ages 12 and older in Hawaii (from 3.9 to 3.1 percent).

Eight states were in the top fifth for both underage use of alcohol and underage binge use of alcohol: Iowa, Massachusetts, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota and Wisconsin.

Tobacco use in the past month by youth increased in California, but overall in California, tobacco use by those 12 and older fell from 22.5 percent to 20.7 percent due to a decrease among persons aged 26 and older. In Kansas, the percentage of persons aged 18-25 using tobacco in the past month increased from 45.7 percent to 49.9 percent.

The data show that West Virginia had the highest rate of serious psychological distress among persons aged 18 and older in the past year (12.7 percent) while Hawaii had the lowest rate (7.1 percent). Increases in serious psychological distress appeared in 10 states, Arizona, California, Florida, Illinois, Iowa, New Jersey, Pennsylvania, Texas, West Virginia and Wyoming, generally the result of increases among persons aged 26 and older.

Friday, October 17, 2008

Muslim Somali workers at a meat packing plant in Grand Island, Nebraska wanted to pray. Their colleagues from Latin America wanted to work. A dispute over the company’s break schedule led to formal discrimination claims, mass job walk-offs and public protests by both sides last month, and a reported 200 firings.

Tensions at the plant began after a Federal government raid in December 2006 removed 200 undocumented workers. An equal number of employees quit shortly afterward. Altogether, six government immigration raids at meat packing plants of Brazilian-owned JBS Swift & Co. had removed 1,200 employees from the company’s work force, which caused substantial production problems. Management at the Nebraska plant responded by hiring approximately 400 Somali immigrants who resided in the United States legally as political refugees. Stricter Federal enforcement of immigration laws has had a significant impact on the meat packing industry because few native-born Americans are willing to work in its low-wage factories. Employers advertise to immigrant communities and after the immigration crackdowns the company turned to the Somali community, which was unlikely to be targeted for deportation.

Many of the new Somali workers were observant Muslims who wanted to practice the traditional religious prayer schedule, and few spoke English. The existing union contract had been negotiated before Muslims became a significant part of the factory work force, when religious needs had not been an issue, and break times were assigned according to a rigid schedule to ensure continuous production and prevent workers from working too long without a break. The sharp knives the meat packers wield for their job pose a substantial risk of accidental injury.

At first the Somali workers prayed during scheduled breaks and visits to the rest room. A few Somalis were fired for “illegal breaks” they had spent praying. Rima Kapitan, a lawyer who represents the Muslim meat packers of Grand Island, told USA Today, “they shouldn’t be forced to choose between their job and their religion.” The Somalis offered to let their employer deduct pay for time at prayer, but supervisors considered it unworkable to lose the labor of hundreds of people simultaneously, even if the interruptions lasted less than five minutes.

Plant worker Fidencio Sandoval, a naturalized United States citizen who was born in Mexico, had polite reservations. “I kind of admire all the effort they make to follow that religion, but sometimes you have to adapt to the workplace.” An immigrant from El Salvador was less sympathetic. “They used to go to the bathroom,” said José Amaya, “but actually they’re praying and the rest of us have to do their work.” Raul A. García, a 73-year-old Mexican meat packer, told The New York Times, “The Latino is very humble, but they [the Somalis] are arrogant… They act like the United States owes them.”

Differences of opinion arose over whether the prayers, which are a religious obligation five times a day for practicing Muslims and vary in exact time according the position of the sun, constitute a reasonable accommodation or an undue burden upon non-Muslim coworkers. Abdifatah Warsame, a Somali meat packer, told The New York Times that “Latinos were sometimes saying, ‘Don’t pray, don’t pray’”.

As the Muslim holy month of Ramadan approached during 2007 the Somalis requested time off for religious reasons. Observant Muslims fast throughout daylight hours during Ramadan. Management refused, believing it would affect the production line. Dozens of Somali workers quit their jobs temporarily in protest. Negotiations between the Somali workers and management broke down in October 2007. Some of the fired Somalis filed religious discrimination complaints with the U.S. Equal Employment Opportunity Commission.

Problems resurfaced after September 10, 2008 when Somali workers approached plant general manager Dennis Sydow with a request to start their dinner half an hour before the usual schedule in order to break their Ramadan fast closer to sundown. Sydow refused due to concern the request would slow production and burden non-Muslim workers. During the same month a Somali woman complained that a plant supervisor had kicked her while she was praying. The union investigated the charge and the supervisor responded that he had not seen her while she bent in prayer and had only kicked the cardboard that was underneath her.

Somali workers walked out on strike September 15 and protested at Grand Island City Hall, asking for prayer time. The following day the union brokered a compromise with plant management to move the dinner break by 15 minutes. Plant scheduling rules would have reduced the work day by 15 minutes with resulting loss in pay for the hourly workers.

A Somali worker, Abdalla Omar, told the press “We had complaints from the whites, Hispanics and [Christian] Sudanese“. False rumors spread about further cuts to the work day and preferential concessions to the Somalis. Over 1,000 non-Somalis staged a counterprotest on September 17. Union and management returned to the original dinner schedule. Substantial numbers of Somali workers left the plant afterward and either quit or were fired as a result. Sources differ as to the number of Somalis who still work at the plant: The New York Times reports union leadership as saying 300 remain, while Somali community leaders assert the number is closer to 100.

The EEOC has sent staff to determine whether treatment of Somali workers has been in compliance with the The Civil Rights Act of 1964. Under the law, employers must make reasonable accommodation for religious practices, but the law grants exceptions if religious practice places substantial hardship on an employer’s business.

Doug Schult, the JBS Swift manager in charge of labor relations, expressed frustration at the inability to resolve the problem, which had surfaced in a Colorado plant as well as the Nebraska plant. He told The Wall Street Journal that his office had spent months trying to understand and comply with new EEOC guidelines in light of conflicting pressures. Local union chapter president Daniel O. Hoppes of United Food and Commercial Workers worries that similar problems could continue to arise at the plant. “Right now, this is a real kindling box”.

Wednesday, September 1, 2010

The government of The Bahamas have announced that they have stopped accepting any new applications for oil exploration off their shores. The decision was made by the Ministry of The Environment.

The Ministry released a statement saying “The Ministry seeks, by this decision, to maintain and safeguard an unpolluted marine environment for The Bahamas, notwithstanding the potential financial benefits of oil explorations.” They also said that they were reviewing all current licenses. The decision has come after the Gulf of Mexico oil disaster.

Environment Permanent Secretary Ronald Thompson said that while the ministry had yet to draft the necessary safety protocols, government would frame its future policies around existing ones from other countries.

The announcement has come as a disappointment to several oil exploration companies including BPC. BPC already hold five licenses for exploration around The Bahamas but were hoping to seek for another one. Chairman of BPC, Alan Burns released a statement saying “Whilst we note this short term situation, there are exploration activities including drilling, proceeding in adjacent Cuban waters and significant previous drilling within the company’s current license areas that we believe we do not face the same geological risks as those encountered in the US Gulf of Mexico. We enjoy a good relationship with Bahamian authorities and are confident that this situation will be resolved quickly.”

The Italian government recently set up an exclusion zone around their shores to stop oil exploration.

Thursday, September 2, 2010

It has emerged that the 33 Chilean miners trapped underground after the mine they were working in collapsed could be brought to the surface in a shorter time than was initially feared. While officials publicly announced that the men would not be brought to the surface until Christmas, sources inside technical meetings have revealed that they could in fact be on the surface by early November. The news comes as families were allowed to speak by radio-telephone to their trapped loved ones on Sunday. Over the weekend, video images filmed by the miners emerged showing the miners playing dominoes at a table and singing the Chilean national anthem. The miners also used the camera to send video messages to their families on the surface, saying that they regularly broke into tears, but were feeling better having received food and water.

The grainy nightvision images, filmed on a high definition camcorder that was sent down a small shaft to the mine, show the men in good spirits, chanting “long live Chile, and long live the miners.” They are unshaven and stripped to the waist because of the heat underground, and are seen wearing white clinical trousers that have been designed to keep them dry. Giving a guided tour of the area they are occupying, Mario Sepúlveda, one of the miners, explains they have a “little cup to brush our teeth”, and a place where they pray each day. “We have everything organized,” he tells the camera. Gesturing to the table in the center of the room, he says that “we meet here every day. We plan, we have assemblies here every day so that all the decisions we make are based on the thoughts of all 33.” Another unidentified miner asks to rescuers, “get us out of here soon, please.” A thermometer is shown in the video, reading 29.5C (85F).

As the film continues, it becomes evident that the miners have stuck a poster of a topless woman on the wall. The miners appear shy, and one man puts his hand to his face, presumably dazzled by the light mounted on the cameraman’s helmet. One miner sent a message to his family. “Be calm”, he says. “We’re going to get out of here. And we thank you from the bottom of our hearts for your efforts.” Another said that the miners are “sure that there are people here in Chile that are big people, that are powerful people, that are intelligent people, and they have the technology and they will all work together to get us out of here.” Speaking to the camera, one says: “we have had the great fortune that trapped in this mine there are good, professional people. We have electricians, we have mechanics, we have machine operators and we will let you know that while you are working to rescue us on the surface, we are down here ready to help you too.” It has been reported that Mario Gómez, 63, has become the group’s “spiritual leader”, having worked in the mines for over fifty years. He has requested that materials to build a shrine be sent down to the cavern.

Upon seeing the video in a private screening, family members, who are living in a small village of tents at the entrance to the San José copper-gold mine—which they have named Camp Hope—were elated. “He’s skinny, bearded and it was painful to see him with his head hanging down, but I am so happy to see him alive”, said Ruth Contreras, the mother of Carlos Bravo, who is trapped in the mine. The video, of which only a small portion has been released to the public, shows the miners, many of them wearing helmets, cracking jokes and thanking the rescuers for their continued efforts. The supplies are being sent to the men through a small shaft only twelve centimeters wide, and a laboratory has been set up with the purpose of designing collapsible cots and miniature sandwiches, which can be sent down such a narrow space.

CNN reported on Friday that “officials are splitting the men into two shifts so one group sleeps while the other works or has leisure time .. On average, each man has lost 22 pounds (10 kilograms) since they became trapped three weeks ago, and dehydration remains a threat. But a survey of the men indicates that at least nine miners are still too overweight to fit through the proposed rescue shaft. Initially, the miners survived by draining water from a water-cooled piece of equipment. To stay hydrated in the 90-degree mine, each miner must drink eight or nine pints of water per day.”

But while there are jubilant celebrations on the surface that the miners are alive, officials are now nervous that the miners could become depressed, trapped in a dark room the size of a small apartment. Chilean health minister Jaime Mañalich said that, on the video, he saw the telltale signs of depression. “They are more isolated, they don’t want to be on the screen, they are not eating well”, he said. “I would say depression is the correct word.” He said that doctors who had watched the video had observed the men suffering from “severe dermatological problems.” Dr. Rodrigo Figueroa, head of the trauma, stress and disaster unit at the Catholic University in Santiago, Chile, explained that “following the euphoria of being discovered, the normal psychological reaction would be for the men to collapse in a combination of fatigue and stress … People who are trained for emergencies – like these miners – tend to minimize their own needs or to ignore them. When it is time to ask for help, they don’t.” NASA has advised emergency workers that entertaining the miners would be a good idea. They are to be sent a television system complete with taped football matches. Another dilemma facing Mañalich is whether the miners should be permitted to smoke underground. While nicotine gum has been delivered to the miners, sending down cigarettes is a plan that has not been ruled out.

With the news that drilling of the main rescue tunnel was expected to begin on Monday, officials have informed the media that they hope to have the miners out of the mine by Christmas—but sources with access to technical meetings have suggested that the miners could actually be rescued by the first week of November. A news report described the rescue plan—”the main focus is a machine that bores straight down to 688m and creates a chimney-type duct that could be used to haul the miners out one by one in a rescue basket. A second drilling operation will attempt to intercept a mining tunnel at a depth of roughly 350m. The miners would then have to make their way through several miles of dark, muddy tunnels and meet the rescue drill at roughly the halfway point of their current depth of 688m.” Iván Viveros Aranas, a Chilean policeman working at Camp Hope, told reporters that Chile “has shown a unity regardless of religion or social class. You see people arriving here just to volunteer, they have no relation at all to these families.”

But over the weekend, The New York Times reported that the “miners who have astonished the world with their discipline a half-mile underground will have to aid their own escape — clearing 3,000 to 4,000 tons of rock that will fall as the rescue hole is drilled, the engineer in charge of drilling said Sunday … The work will require about a half-dozen men working in shifts 24 hours a day.” Andrés Sougarret, a senior engineer involved in operating the drill said that “the miners are going to have to take out all that material as it falls.”

The families of those trapped were allowed to speak to them by radio-telephone on Sunday—a possibility that brought reassurance both the miners and those on the surface. The Intendant of the Atacama Region, Ximena Matas, said that there had been “moments of great emotion.” She continued to say that the families “listened with great interest and they both felt and realized that the men are well. This has been a very important moment, which no doubt strengthens their [the miners’] morale.” The phone line is thought to be quite temperamental, but it is hoped that soon, those in the mine and those in Camp Hope will be able to talk every day. “To hear his voice was a balm to my heart … He is aware that the rescue is not going to happen today, that it will take some time. He asked us to stay calm as everything is going to be OK … He sounded relaxed and since it was so short I didn’t manage to ask anything. Twenty seconds was nothing”, said said Jessica Cortés, who spoke to her husband Víctor Zamora, who was not even a miner, but a vehicle mechanic. “He went in that day because a vehicle had broken down inside the mine … At first they told us he had been crushed [to death].”

Esteban Rojas sent up a letter from inside the mine, proposing to his long-time partner Jessica Yáñez, 43. While they have officially been married for 25 years, their wedding was a civil service—but Rojas has now promised to have a church ceremony which is customary in Chile. “Please keep praying that we get out of this alive. And when I do get out, we will buy a dress and get married,” the letter read. Yáñez told a newspaper that she thought he was never going to ask her. “We have talked about it before, but he never asked me … He knows that however long it takes, I’ll wait for him, because with him I’ve been through good and bad.”

Friday, May 23, 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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