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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”.

Monday, December 18, 2006

A state of emergency was declared Sunday for the U.S. state of Washington by governor Christine Gregoire, as additional reports of storm-related casualties surfaced. The state National Guard has been deployed to aid in distributing supplies.

Thousands were still without power in the coastal and Puget Sound regions, though most urban areas were back with power as late as Sunday afternoon, and outages were mostly contained to rural and unincorporated areas. Puget Sound Energy reported that roughly 500,000 energy customers out of the 700,000 who lost power were back in service by Sunday evening. Seattle City Light, the city’s independent municipal utility, reported only 18,000 customers still without power as of Monday morning, down from a peak of 175,000.

Four additional deaths related to the post-storm power outage had been reported as of Monday, bringing the total number of casualties to eight. A man in Gig Harbor was electrocuted by a downed power line while walking his dog. Another man in Spanaway died when an unattended candle caused a house fire.

Two died from carbon monoxide poisoning in separate incidents related to use of combustion devices indoors. Roughly a hundred additional cases of non-fatal carbon monoxide poisoning were reported from people using generators or grills indoors. News radio stations and authorities warned the public to stay away from downed power lines and not to use grills indoors. Dr. Neil Hampson at Virginia Mason’s hyperbaric unit, where a number of victims were being treated, warned it could be “the worse case of carbon monoxide poisioning in the country”.

On Monday, four new carbon-monoxide deaths were reported in a family of five in Burien due to an indoor generator. In Canada, which had some damage from the week’s storms, two southern British Columbia carbon monoxide deaths were also reported. Despite continued warnings, hospitals are still seeing cases of carbon monoxide poisoning, including a family in w:Shoreline, Washington which was taken to the hospital after they reported symptoms due to their indoor grill. Neighbors of the Burien family suggested that noise concerns are leading people to place noisy generators indoors.

The massive power outage left many stores and gas stations unable to operate. Some businesses opened with the help of backup generators, conserving power by foregoing heat and refrigeration, exterior lighting, and half the interior lighting. Most stores had run out of “D” size batteries, the most common size for flashlights, as well as firelogs and other essentials. Gasoline shortages were reported throughout the area, with one man selling excess fuel for as high as $15 per gallon, over 5 times the average retail price.

The Red Cross set up shelters throughout King and other affected counties for those without power or food. Hotels reported no vacancies as whole families took shelter in powered hotels, especially in Seattle. Restaurants also reported brisk business as people sought out a hot cooked meal. Tons of perishable food were expected to have become unsafe after the prolonged outage disabled refrigerators and freezers both in homes and stores.

Many of those without power visited nearby friends and family living where power had been continued or restored, while others traveled out of the area to places that had not been affected. The widespread outage made long-distance traveling treacherous on some major routes, with roadway lighting, cellular towers, and services disabled by the outage.

Most major roadways which were closed during the storm were reopened on Friday. The 520 Floating Bridge over Lake Washington, a major conduit to the technology-rich Eastside, sustained minor damage. Amtrak, which had halted its Cascades service, resumed Saturday evening. Sea-Tac Airport resumed operations with a reduced flight load, after a transient power outage on Friday disabled the airport radar and caused all planes to be grounded until it was repaired.

Monday, December 26, 2005One year on from the Indian Ocean tsunami, the world’s grief and compassion returned to the tsunami-battered coastlines of the Indian Ocean, where at least 216 000 people lost their lives. Under a clear sky and before a gentle sea, the world commemorated those lost their lives, in one of the worst natural disasters that the modern world has experienced.

Since the Indian Ocean tsunami, patchy progress has been made on the return to a normal life for those who lived through the experience. Efforts to implement a warning system similar to that coordinated by the Pacific Tsunami Warning Center in Hawaii have past a number of significant milestones. Tourist resorts in many places have been rebuilt, and many visiting them at this time do so as a form of remembrance. Yet still there remain those who may never recover from the tragic events of one year ago. Some $13 billion was pledged to relief and recovery efforts, of which 75 percent has already been secured.

Wednesday, April 25, 2007

The Iranian police forces have faced criticism from Ayatollah Hashemi Shahrudi, the head of the judiciary who was appointed by Grand Ayatollah Ali Khamenei, for their re-invigorated campaign to do away with un-Islamic dress.

Ayatollah Shahroudi proclaimed, “Tough measures on social problems will backfire and have counter-productive effects.” Others have, of course, made it clear that un-Islamic dress can lead to moral corruption, engender innumerable vices, and hurt the Islamic character of the nation.

Some believe that no one had any issue with the creation of an Islamic atmosphere. The core of the matter revolves around the implementation of the Islamic dress code; additionally, heavy-handed measures should be shunned. For instance, Mehdi Ahmadi, information head of Tehran’s police, told Al Jazeera: “Some citizens may complain about the way the law is being enforced but they all agree with the plan itself.”

According to one student, “You simply can’t tell people what to wear. They don’t understand that use of force only brings hatred towards them, not love.” Nevertheless, Hojatoll-Islam Mostafa Pour-Mohammadi, Iran’s interior minister who is in charge of policing, prognosticated positive feedback from the populace when he said, “People are unhappy with the social and moral status of the society. They expect that the fight against social insecurity be properly implemented.” Thus, Hujjat al-Islam Pour-Mohammadi re-iterated the necessity of proper implementation and methodology towards the restoration of morality in the Islamic Republic. Islamic officials and religious people affirm that this is indispensable to promote righteousness, curb sin, and bring open sinners to justice.

Following the Islamic Revolution in 1979, hijab became mandatory in Iran for every woman including foreigners after over 98% of citizens voted for an Islamic government. Women may face caning up to 74 strokes for failing to observe hijab. In this recent crackdown, the authorities have arrested many citizens throughout the country. Not only have women been taken into custody for their hair being uncovered on their foreheads and tight clothes that show body shapes, For men they need to cover from knee to their waist as according to Sharia. Even a foreign journalist was detained because the photograph on her press card was indecent.

It has not been clear whence the directive for the re-newed clampdown emanated. Some have blamed Mahmoud Ahmadinejad while Gholam Hossein Elham, the government spokesman, stated to reporters, “The police work as agents of the judiciary to confront crimes. The government as an executive body does not interfere in the affairs of the judiciary.” The following pre-election speech seems to corroborate this latter statement:

Monday, September 10, 2007

The Toronto International Film Festival rages on in Canada, as various companies and celebrities host parties. One of the largest so far was eTalk Star! Schmooze hosted at the former CHUM-City Building in the Queen West neighbourhood of Toronto.

Wikinews sent freelance photographer Robin Wong to this star-studded event, which included the casts of many of the movies being played at the festival.

• Hilary Duff poses on the red carpet, after performing at the event.

• Aaron Ashmore, who appears in Stone Angel.

• Ben Mulroney, one of the broadcast’s hosts.

• Canadian Idol finalists Jaydee Bixby and Brian Melo dropped by.

• Canadian film star Colm Feore, who’s set to appear in 24 next season, here with his wife.

• Carly Pope, one of the stars of Young People Fucking.

• More of the Young People Fucking cast.

• Sofia Milos, from the cast of CSI: Miami.

• Rebecca Hardy, winner of Canada’s Next Top Model.

• Best known for his role in Transamerica, Kevin Zegers appears in three films at the festival.

• Mike Loebel and Cassie Steele, stars of the Toronto filmed Degrassi: The Next Generation.

• George Stroumboulopoulos, host of CBC talk show The Hour.

• Music producer Zack Werner, a judge on Canadian Idol.

• Comedian Rick Mercer, host of The Rick Mercer Report.

• The Designer Guys, who will host a talk show on the CBC early next year.

• Jully Black, a commentator for eTalk Daily.

The second day of the festival didn’t stop there.

Toronto’s Design Exchange museum and education centre hosted a party for the movie “Michael Clayton”, for which George Clooney was scheduled. Earlier in the day, Sienna and Savannah Miller launched their new twenty8twelve fashion label at the Holt Renfrew department store, a classy, upscale Canadian chain.

Tonight actress/singer Hilary Duff is scheduled to host a party at the club This is London. CTV will host an afterparty for Matt Damon‘s documentary Running the Sahara, and some of his Oceans co-stars are expected, including Clooney. Wyclef Jean and the African runners featured in the film are also on the guest list.

A One x One Benefit at the Four Seasons Centre for the Performing Arts will see Matt Damon, Richard Gere, and Shakira. Gere scrambled up to Toronto today after appearing live on Good Morning America and Live with Regis and Kelly.

A 2002 study by the Toronto International Film Festival Group found that the event brings CDN$67 million to the Toronto economy. With stars dropping CDN$5000 a night on a room at the Four Seasons Toronto, or $10K on a dinner at Bistro 990, the numbers quickly begin to explain themselves. Distributors spend $30 million on purchasing films for release at the fest, one of the top numbers worldwide.

Sunday, December 9, 2007

NASA have today announced that the launch of Space Shuttle Atlantis, mission STS-122, which is a module delivery mission to the International Space Station (ISS), will be delayed until January 2nd, 2008 at the earliest, after scrubbing today’s launch attempt, and an earlier attempt on December 6th.

The decision to scrub the launch attempt was made at 7:24 a.m. EST by shuttle program managers. The reason behind the scrubbing is to allow shuttle engineers to spend time diagnosing and fixing the erroneous readings presented to the crew and Mission Control by the intermittent malfunctioning of a critical engine cutoff sensor (ECO). While only one of the four sensors was malfunctioning, the current launch criteria for the mission state that all four ECOs must be functioning correctly in order to launch.

At a meeting held at 9 a.m., NASA’s Mission Management Team for STS-122 decided on a postponement until January 2nd at the very earliest. Atlantis is due to deliver the European Space Agency’s (ESA) Columbus laboratory module to the ISS. Alan Thirkettle, ESA’s Space Station Program Manager, said, regarding the delay in launch: “In the big picture, it’s not a setback. [But] it is disappointing because we have 750 people over here.”