Former Kaiser worker sues for religious discrimination

Sign up for Weekday J and get the latest on what's happening in the Jewish Bay Area.

Baskin's complaints for unspecified damages include religious discrimination, breach of contract, disability discrimination, hostile work environment, wrongful termination against public policy and intentional infliction of emotional distress.

In addition, she has filed discrimination claims with the California Department of Fair Employment and Housing and the U.S. Equal Employment Opportunity Commission.

Kaiser denies the allegations.

In a letter to Elie Cramer, director of the Northern California chapter of the JDL, Kaiser attorney Morton Orenstein wrote: "You indicate in your Feb. 26 letter that you have been `thoroughly briefed' as to the details of this case…You certainly have not been informed by me or by any representatives of Kaiser; if you had been, you would have heard an entirely different story which presents the factual and/or legal dispute in a legitimate, non-discriminatory and lawful framework."

Orenstein went on to write: "It is sufficient to say that Kaiser vehemently denies your claim of `outrageous' religious discrimination and `other wrongs.'"

Baskin's husband, Robert, said that in 1994, while the Kaiser facility in Richmond was being built, Linda Baskin reported a number of construction-related problems to Don Oxley, her supervisor. Oxley arranged a meeting between Baskin, himself and Kip Edwards, regional director of facilities design and construction.

To fix the problems reported would have cost about $6 million, Baskin said.

Baskin claims Edwards dismissed her concerns and was verbally abusive. The following Monday, she alleged, Edwards called Baskin and a Jewish physician at Kaiser Richmond "two Jewish sons of bitches," and further stated, "If you thought the gas chambers were something, you haven't seen anything yet."

Baskin reported the anti-Semitic threat to Oxley.

Meanwhile, Baskin contends, the atmosphere at Kaiser grew increasingly hostile. Linda Baskin took sick leave — according to Kaiser policy — for four months, beginning Oct. 6.

Ready to return to work in February under a new supervisor, Baskin requested a job description, required by her doctor to issue a release form to return to the site. Following several calls and correspondences, Baskin received the job description on April 7, exactly six months and one day after she took leave.

Upon returning to work, Baskin was informed that she had been fired. She said Kaiser claimed it was company policy to not hold a job for more than six months. Baskin made several inquiries into her claim, disputed that policy and attempted to return to work a month later.

On both occasions she was escorted off the premises.

Baskin has not worked since the incident.

Baskin approached the Jewish Community Relations Council of the Greater East Bay with her concerns. She was directed to a lawyer who said he was unable to help her. She did not contact the Anti-Defamation League, which normally handles such matters, and turned to the JDL instead, believing that the militant organization would take a tougher stand.

"It was a last resort. At this point we were leery about making contact with any Jewish organization," Robert Baskin said.

But the JDL "was outraged," he added. "They spent time with us. They didn't come into this willy-nilly. They didn't want to put themselves out for something which could put them in a bad light."

To date, no trial date has been set. However, Robert Baskin is confident he and his wife can win the David-and-Goliath battle.

"When we filed claims, you could say this was a `he said, she said,' even with all the evidence we had. But through the discovery process in Superior Court, everything Linda said was substantiated," Robert Baskin said.

"The depositions were sufficient for the EEOC to amend the complaint to include religious discrimination," he added.

Furthermore, Baskin believes his wife's case has plenty of ammunition.

"This case is a documentation case," he says. "I'm sitting here looking at three volumes of 4-inch-thick documentation."