Today's Date: February 24, 2024
Mastering The Meno(Pause) Transition Summit 3.0: A New Dawn in Women's Health   •   SIGNIFICANCE APPLAUDS THE UNITED STATES MARINE CORPS (USMC) ON ITS AUDIT OPINION   •   Enrich Foods’ “Climate Friendly” Rice Named NEXTY Award Finalist: The First Consumer Product Funded by USDA&rs   •   Electra Participating in Upcoming North American Critical Minerals Industry & Investment Events   •   Chickasaw Community Bank Names Bill Schonacher as CEO   •   New co-developed Consultation Protocol between Kitselas First Nation and Canada that will strengthen the stewardship of Kitselas   •   University of Phoenix Vice Provost Doris Savron Is a Featured Guest on The EdUp Experience Podcast   •   Les Femmes Michif Otipemisiwak Sends a Message of Support to Our Trans, Non Binary and Two Spirit Community Members   •   University of Phoenix Leadership to Present at Greater Phoenix Chamber Event   •   Historic Day for Health Care in Canada: United Steelworkers Union   •   Easterseals South Florida announces the appointment of Matthew Roth as Board Chair   •   Disney Hosts Princess Party at AdventHealth for Children in Orlando   •   ARC Ltd. and Milliman Award Scholarships to Empower Africa's Next Generation of Climate Change Leaders   •   The Courage Projects Demands Action for More Than 20,000 Ukrainian Children Taken by Russia   •   Berkshire Hathaway Inc. News Release   •   York University Academic Workers Vote to Strike Monday   •   Thirty-three homes nearing completion in Yukon First Nations   •   Emancipation Proclamation: Renewed Call for Federal Recognition Highlights Black and Jewish Unity Efforts - NewsBlaze   •   Celebrating a 'Transformative Figure in Sports and Leadership'   •   Yelp Announces New Employee Inducement Grants Under NYSE Rule 303A.08
Bookmark and Share

Gender Bias Alleged At Tech Giant

 NEW YORK -- The Human Resources Manager of Toshiba America Nuclear Energy (TANE) Corporation filed a class action employment lawsuit in the United States District Court for the Southern District of New York today in an effort to end systemic, companywide gender discrimination against herself and other female employees by TANE and its parent corporation, Toshiba America, Inc.

Elaine Cyphers joined TANE as its Human Resources Manager in June 2008.  Prior to joining Toshiba, she had more than 25 years of human resources experience.  

According to the Complaint, although Toshiba publicly touts its commitment to gender diversity and its efforts to promote more female employees to managerial positions, discrimination against women is pervasive in the company.  

The Complaint details a pattern of discrimination against women employed by the giant technology manufacturer and energy system supplier.  The Complaint asserts that Toshiba engages in systemic gender discrimination against female employees by paying them less than their male counterparts, denying them promotions into better and higher paying positions, limiting their employment opportunities to lower and less desirable job classifications, and exposing them to different treatment as employees. The Complaint also details preferential treatment that males at Toshiba receive with respect to salary, benefits, bonuses and promotions.  

Ms. Cyphers is represented in the matter by David Sanford in the Washington D.C. office of Sanford Wittels & Heisler, LLP.  The firm recently secured the largest jury award in the U.S. in an employment discrimination case, in this same court, in May 2010when a jury returned a verdict of $253 million in compensatory and punitive damage at Novartis Pharmaceuticals Corporation.  After weeks of negotiations, the parties settled that case for $175 million.

"Ms. Cyphers has experienced personal and painful gender discrimination at Toshiba America Nuclear Energy," said David Sanford.  "As an experienced human resources professional, she is very aware of the requirements of the Fair Labor Standards Act, the Civil Rights Act and the Equal Pay Act, which Toshiba has systematically violated in its treatment of her and its other female employees. The company added insult to injury by retaliating against Elaine. This suit will remedy that retaliation and discriminatory conduct."

In January 2009, Ms. Cyphers and another employee reported discriminatory conduct by Toshiba's Vice President of Human Resources to the company's General Counsel. After Ms. Cyphers lodged her complaint, the Vice President and General Counsel launched a campaign to force Ms. Cyphers out of TANE by retaliating against her in ways that harmed her reputation, hindered her advancement and limited her earning potential.  

The Complaint describes this retaliatory response as typical of Toshiba's pattern and practice of facilitating and perpetuating gender discrimination against female employees by discouraging employees from complaining about such discrimination, failing to properly investigate reports of such discrimination, and failing to remedy or prevent the recurrence of gender discrimination reported to the company.

Subsequent to Ms. Cyphers' interviewing for and accepting TANE's "top" HR job, Toshiba created a new HR position above her, and did not publicize the new position or inform Ms. Cyphers about it.  TANE filled the new position from within Toshiba with a male less qualified and experienced than she. After that male's promotion, Ms. Cyphers was stripped of her primary duties as HR Manager and assigned low-level administrative and clerical tasks. Ms. Cyphers' responsibilities for recruiting and hiring were taken away and assigned to a less qualified and experienced male contract employee.

The proposed class includes all females employed by Toshiba in the U.S.  Ms. Cyphers is seeking declaratory and injunctive relief, back pay, front pay and lost benefits, as well as compensatory, nominal and punitive damages in an amount of $100 million or more for herself and similarly situated female Toshiba employees.

Toshiba America is a subsidiary of Tokyo-based Toshiba Corporation, a technology manufacturer with 364 consolidated subsidiaries worldwide.  With some 8,000 employees throughout the US, it is the parent company of a group of technology companies that develop, manufacture and market electronic products.  Toshiba America is incorporated in Delaware and headquartered in New York City. TANE is a subsidiary of Toshiba America that markets and promotes advanced boiling water nuclear power plants and related supports and services.  It is incorporated in Delaware and headquartered in Falls Church, VA.  

About Sanford Wittels & Heisler, LLP

Sanford Wittels & Heisler LLP (SWH) is a boutique class-action litigation law firm with offices in New YorkWashington, D.C., and San Francisco. SWH specializes in civil rights and general public interest cases, representing plaintiffs with employment discrimination, labor and wage violations, predatory lending, whistleblower, consumer fraud, and other claims. Along with an expertise in class actions, SWH also represents select individuals and has developed a particular expertise in the representation of executives in employment disputes. 


STORY TAGS: WOMEN NEWS, MINORITY NEWS, DISCRIMINATION, DIVERSITY, FEMALE, UNDERREPRESENTED, EQUALITY, GENDER BIAS, EQUALITY



Back to top
| Back to home page
Video

White House Live Stream
LIVE VIDEO EVERY SATURDAY
Breaking News
alsharpton Rev. Al Sharpton
9 to 11 am EST
jjackson Rev. Jesse Jackson
10 to noon CST


Video

LIVE BROADCASTS
Sounds Make the News ®
WAOK-Urban
Atlanta - WAOK-Urban
KPFA-Progressive
Berkley / San Francisco - KPFA-Progressive
WVON-Urban
Chicago - WVON-Urban
KJLH - Urban
Los Angeles - KJLH - Urban
WKDM-Mandarin Chinese
New York - WKDM-Mandarin Chinese
WADO-Spanish
New York - WADO-Spanish
WBAI - Progressive
New York - WBAI - Progressive
WOL-Urban
Washington - WOL-Urban

Listen to United Natiosns News