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”.

Tuesday, May 29, 2007

A 13-year-old boy was killed and ten people were injured in an accidental shooting incident in the Brazilian town of Rondonopolis.

The police were staging a mock hijack as a training exercise with real people in a bus as an audience on Saturday. They fired their guns at cardboard cutouts of criminals in the exercise. However, they used live ammunition in their guns, and the shots went straight through the cutouts and the glass windows of the bus.

Luis Henrique Dias Bulhoes, 13, was killed by a single shot to the head received from one of three 12-gauge shotguns that were amongst the weaponry the 16 police were using. Among the 600 people attending the exercise, six children and three adults were also injured.

Police admitted to the blunder on Monday. They believe bullets from more than one gun reached the audience. Seven of the 16 policeman are temporarily dismissed from their positions pending investigations.

Thursday, November 16, 2006

Buffalo, New York —A proposed hotel that was supposed to be built at the corner of Elmwood and Forest Avenues in Buffalo, New York is apparently off the table. The former proposal was going to be called The Elmwood Village Hotel and would have consisted of 72 rooms and cost between $7 to $10 million American dollars to build.

Today several unknown individuals were seen removing a sign that was dedicated to the “Elmwood Village Gateway,” which signifies the beginning of the Elmwood Village at the formerly proposed project’s location.

Nearly an hour later the men replaced the sign with a different and unexpected sign: “For Sale: 5 commercial parcels and 1 carriage house, By: Owner.” Those 5 “parcels” are 1109-1121 Elmwood and 999 Forest Avenue, which is located in an illegal alley, according to the City of Buffalo, behind the 5 other properties on Elmwood. Hans Mobius owns all properties named in the sale.

Sam Savarino, CEO of Savarino Companies never owned the properties and has repeatadly told Wikinews in exclusive interviews that he still had a “contract to buy the properties” and on October 2, 2006 told Wikinews in an exclusive interview that he “extended” the “agreement to purchase the property[s] and will have it under contract for what we hope is a sufficient period of time.”

“He [Mobius] is undoubtedly concerned because he has lost some tenants and is a bit impatient. I think he has properly portrayed the situation,” said Savarino in an exclusive interview with Wikinews.

Savarino also says that there may be “legal issues” to work out now, before anything else can move forward, regarding the proposal.

“There are some legal complexities that must be sorted out before anything can happen there,” added Savarino.

The welcome sign was; however, not removed entirely. The sign was placed, facing the same direction of north, on the side of the Forest Plaza Art Gallery, a new art gallery located on the corner of Forest and Elmwood.

Nancy Pollina, owner of Don Apparel which was located at 1109 Elmwood, but closed on October 14, 2006 considers this a possible “victory” in regards to the lawsuit filed against the hotel to stop it from being built, alleging that several laws were broken, including not performing an Environmental Impact Study before the proposal was approved by the city, during its approval and the proposal was “rushed.” Patricia Morris, who operates Don Apparel with Pollina, Angeline Genovese and Evelyn Bencinich, owners of residences on Granger Place which abut the rear of the proposed site, Nina Freudenheim, a resident of nearby Penhurst Park, and Sandra Girage, the owner of a two-family residence on Forest Avenue less than a hundred feet from the proposed hotel’s sole entrance and exit driveway, were also plaintiffs in the lawsuit. They filed the suit with a lawyer representing them, Arthur J. Giacalone, on April 25, 2006 in New York State Supreme Court, but the case has never gone to a courtroom.

Giacalone believes that a press release issued in July regarding the project was nothing but a statement to “save face,” but that the placement of the for sale sign might be a way of convincing Savarino to speed up the sale of the properties.

“I thought all along that Savarino’s July press release might be no more than an effort to save face. But we have no way of knowing. Similarly, Mobius might have put the for-sale sign up in an attempt to pressure Savarino into closing the deal. There’s no way to tell,” said Giacalone in an exclusive interview with Wikinews.

In regards to the lawsuit, Giacalone thinks it may now be in “limbo.”

“The lawsuit still sits in limbo,” added Giacalone.

Sunday, October 5, 2008

Independent U.S. presidential candidate Ralph Nader had harsh words for the Democrats who engineered yesterday’s passage of the Emergency Economic Stabilization Act of 2008, a bailout of the U.S. financial system. At a campaign stop in Waterbury, Connecticut on Saturday, Nader said that Democrats passed up a chance to enact re-regulation of the financial system and instead gave Wall Street everything it wanted.

According to Nader, Senator Chris Dodd (D-CT), Representative Barney Frank (D-MA), and other Democrats considered but rejected measures such as a tax on transactions of derivatives (a “speculation tax”) because of their financial ties to Wall Street and its lobbyists. He said that Representative Chris Murphy (D-CT), who represents Waterbury, had “become a toady” of Nancy Pelosi. He drew enthusiastic applause by calling Murphy “a dynamic fraud”, and referred to Senator Joe Lieberman as “the Hermaphrodite of American Politics”. For Murphy and Representative Chris Shays (R-CT), Nader said, supporting the bailout despite the opposition of constituents was a “profile in betrayal”. Because there were no public hearings where taxpayers and experts could weigh in on the bailout, Nader characterized it as a return to “taxation without representation“—under “King George IV” 225 years after the 13 colonies were taxed under King George III.

Asked about causes of the financial crisis, Nader pointed to the deregulation of the financial sector with the 1999 Glass-Steagall Act and further deregulation in 2000, as well as the rise of overly complex financial derivatives. He outlined a four-part reform plan:

1. Re-regulation of financial markets
2. Increasing shareholder control of corporations
3. Taxpayer equity as part of any bailout, as in the 1979 bailout of Chrysler Corporation
4. Making speculators pay by enacting a 0.1% tax on derivatives transactions (which Nader said will amount to over $500 trillion this year)

Regarding the equity warrants included in the passed bailout, Nader relayed word from an unnamed source that Treasury Secretary Henry Paulson had told Wall Street executives “don’t worry, it’s not enforceable”.

Nader told reporters that he had abandoned the Green Party because “Greens are not disciplined, and they’re not mature”, and also lack the fund-raising capabilities to break into mainstream political discussions. “They bicker and bicker,” he said, pushing out their best people. However, he endorsed several local Green Party candidates, including Chris Murphy’s opponent Harold Burbank.

The virtual media blackout for third party campaigns by national newspapers and networks has been a source of continual frustration for the Nader campaign, as well as the campaigns of Libertarian Bob Barr and Green Cynthia McKinney and the post-campaign activities of Republican Ron Paul. According to Nader, reporters tell him that editors of national media are “very bigoted against third party and independent candidacies”. Even journalists for taxpayer-supported media, such as National Public Radio‘s Terry Gross and the Public Broadcasting Service‘s Jim Lehrer, have shut him out during this campaign. Debates, he lamented, are controlled by corporate interests through the Commission on Presidential Debates.

Nader spoke to a supportive crowd of about 60 people and his campaign raised over $2000 at the event, their third visit to Waterbury. The event took place in the former building of a closed-down bank.

Tuesday, March 31, 2009

Local municipal and provincial volunteers in Manitoba, Canada are exhausted in their efforts to divert the rising waters of the Red River of the North.

It has been hard work with little sleep for the residents who live on the shores of the Red River to shore up their defences with sandbags, build dikes, clear frozen culverts and break ice jams

Volunteers to spell relief for local volunteers and food are desperately needed.

“It’s a week now we’ve been doing this … you’re talking four, five, six public works guys. In my one community we’ve got 25 volunteer firefighters and those guys have been going 24/7, so of course it’s wearing them down.” said Paul Guyader, Manitoba’s emergency measures coordinator.

“We’re dealing with one of the biggest floods the province has ever seen,” said Steve Strang, mayor of St. Clements, Manitoba “We’ve put out hundreds of thousands of bags already. The municipalities are working very well, we’re working with the provincial government, we’ve brought in every possible resource we could to address this issue. The volunteerism within the community has been phenomenal.”

The Portage Diversion has taken some spring waters from the Assiniboine River and diverted the flow to Lake Manitoba.

Roseau River Anishinabe First Nation has been totally evacuated, as well as many homes near the Canada – United States border.

The cold weather is freezing the ice jams into place. Guyader has had 2 Amphibex Excavators operating on the river breaking up ice.

The Red River is right now 16.7 feet (5 metres) above spring ice conditions. The Red River Floodway gates cannot be opened with the current ice jams.

“If we operate now, we can get ice jamming going into the floodway, jamming up against the St. Mary’s bridge, as such, the floodway capacity would be reduced and would cause higher water levels in the city of Winnipeg.” said Steve Topping, Manitoba Water Stewardship spokesman

The floodway was constructed in 1968 following the 1950 flood to divert the overflow spring flooding waters of the Red River. The floodway has been widened the since the 1997 “flood of the century” and the expansion is expected to be completed this spring. As well Manitoba built permanent dikes around communities within the flood plain since the last two major floods..

The Red River waters will crest between the beginning of April to mid April, at which time also the weather should be warming up. Communities are bracing for higher water levels, more ice jams as well as melting snow in the warmer spring temperatures.