About Price And Associates |
|
Attorney Pamela Y. Price founded Price And Associates in June 1991 with a vision to establish a minority- and woman-owned litigation Firm in Oakland, California. In the 20 years since its inception, the Firm has evolved into a premier civil rights practice with a wealth of experience in federal court litigation.
For more information, visit our website at www.pypesq.com.
To submit a Potential Client Questionnaire, go to Contact Us. |
June 2011: Celebrating 20 Years of Service
June 2011 marks the 20th Anniversary of Price And Associates! Through the years and the many milestone cases, Pamela and her Staff have been privileged to advocate for justice on behalf of our clients. Each and every one of our clients has given Price And Associates the opportunity to put into action what we believe in: the right of each individual to equal treatment, to fairness in the workplace and in the community, and to creating a life based on one's own choices in pursuit of happiness. A very American ideal, which we strive each day to ensure for those who need our advocay. We are thankful for the opportunity to serve, and we look forward to celebrating next month a journey that we plan to continue for many years!
------------------------------------
July 11th: AAJ Minority Caucus Presentation
Attorney Pamela Price will present the topic: "The Wild Southwest: New Frontier of the Civil Rights Movement" on Monday, July 11th during the American Association for Justice (AAJ) Annual Convention in New York City, July 9-13, 2011. This year's Minority Caucus program theme is on current public policy issues affecting growing minority populations. For more information, visit www.justice.org.
|
Photo Gallery
 | |
Chicago's Adler Planetarium |
|
|
Focus This Month: Amtrak
Welcome! This month's issue highlights the continuing struggle for racial justice against Amtrak. It was ten (10) years ago this month that we received word that the United States Supreme Court had accepted Morgan v. Amtrak for review, and we were going to Washington. Abner Morgan and I grabbed hands and said our prayers and went on to achieve an impossible historic victory.
From 2004 to 2007, we proudly represented Moyse Howard, Jr., an Amtrak Manager in California who is the descendant of some of the original Pullman Porters, a 2nd generation railroad man. (See Article on Pullman Porters.)
 | |
Chicago Skyline |
The City of Chicago has a special historical significance for African-Americans working for Amtrak. The first African-Americans to work on the railroad were hired by the Pullman Company which was based in Chicago. Chicago was the birthplace of the the Brotherhood of Sleeping Car Porters (BSCP), the first African-American union organized and founded by A. Philip Randolph. Today, the A. Philip Randolph Pullman Porter Museum in Chicago celebrates the sacrifices and legacy of former slaves who worked hard to provide a future for their children and their children's children.
It is in keeping with this legacy and a commitment to a better life for African-Americans that Price And Associates has sued Amtrak in the Northern District Court of Illinois for racial harassment and race discrimination in the Chicago Yards. We have joined with Chicago attorneys Vernon Ford and Mazie Harris of the Chicago Legal Café (www.chicagoslegalcafe.com) to put Amtrak back on the right track. We continue to fight for and expect "simple justice" for African-Americans on the railroad.
|
|
Putting Amtrak on the Right Track 
Amtrak Train (Source: Wikipedia)
Just as train tracks were laid down across the country creating the foundation for the railroad industry, Price And Associates has laid down the law with the National Railroad Passenger Corporation (Amtrak) creating a foundation of justice for its employees. Our Firm has successfully represented multiple Amtrak employees who have suffered racial and employment discrimination on the job.
Morgan v. Amtrak
Our signature case against Amtrak is Morgan v. Amtrak. The Plaintiff, Abner Morgan, Jr., was an African-American electrician who suffered racial discrimination, racial harassment and retaliation at Amtrak's Oakland Yard.
Mr. Morgan sued under Title VII of the Civil Rights Act of 1964. Mr. Morgan was subjected to discriminatory and retaliatory acts and experienced a racially hostile work environment throughout his employment. During the trial, a former Amtrak Manager testified that Amtrak's Managers regularly enjoyed watching one of the top Managers perform the "shuffle butt nig--er" dance in the office at night. (Morgan v. Amtrak, 232 F.3d 1008 (9th Cir. 2000), 536 U.S. 101. 112 S.Ct. 1516 (2002).)
In 1998, a jury heard the case in San Francisco, presided over by U.S. District Court Judge Susan Illston. In rendering a verdict for Amtrak, the jury also delivered a note which criticized Amtrak's managers for "grossly unprofessional and questionable ethical conduct." In late 2000, Attorney Price persuaded the Ninth Circuit Court of Appeals to reverse the verdict and order a new trial.
Amtrak appealed the decision and the case went to the United States Supreme Court. Amtrak was asking the Supreme Court to sanction the overtly racist behavior of its managerial employees. Attorney Price argued the case in January 2002 for the preservation of the continuing violation doctrine in employment discrimination and harassment cases. She was accompanied by famed civil rights attorney Howard Moore and William C. McNeill the Director of Litigation of the San Francisco Legal Aid Society-Employment Law Center (www.las-elc.org).
In a historic decision on June 10, 2002, the United States Supreme Court affirmed the Ninth Circuit Court of Appeals decision in favor of Abner Morgan, Jr. Justice Clarence Thomas wrote the majority opinion in favor of Mr. Morgan joined by Justices Ginsberg, Breyer, Stevens and Souter. Price And Associates won!
This is one of the most important cases in employment law to come before the United States Supreme Court. This decision affects employer liability for discrimination and harassment beyond the 180/300 day charge-filing period set by the Equal Employment Opportunity Commission (EEOC).
On May 27, 2004, in a second trial, the jury rendered a Five Hundred Thousand Dollar ($500,000) verdict in favor of Mr. Morgan. Price And Associates won again!
Campbell v. Amtrak
On March 3, 2009, a federal jury in Oakland issued a verdict against Amtrak for $677,000 for race discrimination toward John Earl Campbell, an African-American Conductor.
Mr. Campbell worked as a Conductor in Oakland and San Francisco between 1998 and 2004. His applications for Engineer Training were repeatedly rejected by Amtrak during that time. Mr. Campbell also alleged that Amtrak discriminated against him and other African-Americans and singled out anyone who complained about the unfair treatment with harsh disciplinary actions. Amtrak failed to investigate Mr. Campbell's complaints about race discrimination and retaliated against him for making such complaints.
During the trial, many witnesses testified about the frequent use of racial slurs by Joe Deely, Amtrak's General Manager, and other top Amtrak managers at the Oakland Yard. The jury unanimously found that race was "the motivating factor" in Amtrak's refusal to promote Mr. Campbell as well as its decision to fire him. Again, we won!
Class Action Suits
Amtrak has faced class action suits on both the West and the East Coasts. In 1999, non-management African-American employees sued Amtrak for discrimination in training and promotions, hiring and discipline, as well as a hostile work environment. Plaintiffs in that case alleged that Amtrak has "maximum tolerance for racist behavior." The case settled in July 1999 for $8 million. Another class action involving track workers was settled for $16 million. |
|
May 22nd: "Boys to Men" A Day of Reflection, Acceptance and Success
 The road to manhood is often long and windy and at times requires assistance navigating the way to becoming not only a real man but a caring and compassionate human being as well. On Sunday, May 22, 2011, Price And Associates sponsored an informal gathering of successful Black men and young men impacted by the gang violence in Union City for a discussion about overcoming the challenges of life. This inspiring event was hosted by Attorney John L. Burris and Professor Cheryl Amana Burris in their lovely home. The amazing men who generously volunteered their time included attorneys, entrepeneurs, managers from different fields, a college president, and a writer.
|
|
May 12th: "Keys to Success" Panel
On May 12, 2011, Pamela participated in the Black Women Lawyers of Northern California's panel on "Keys to Success: Advancing Your Career and Achieving Excellence" at the law offices of Orrick, Herrington and Sutcliffe, LLP in San Francisco. The event began with lunch and was followed by a panel discussion. Featured panelislts included:
Deborah Broyles - Partner, Reed Smith LLP
Theodora R. Lee - Shareholder, Littler Mendelson, P.C.
Jennifer S. Madden - Deputy District Attorney, Alameda County
Pamela Y. Price - Founder, Price And Associates
Wilma B. Wallace - Vice President and Deputy General Counsel, Gap Inc.
Leah Williams - Director, Legal and Compliance, WestEd.
For more information, please visit www.bwlnc.com. |
Butler v. National Railroad Passenger Corporation (Amtrak)
Our most recent case against Amtrak was filed on behalf of our client, Plaintiff Craig Butler, who was employed in the Chicago Yards from October 9, 2004 until he was fired in July 2010.
Mr. Butler began work as a Signalman and became a Locomotive Electrician in February 2007. After four years of fulfilling and uneventful employment with Amtrak, Mr. Butler came under the supervision of Rudolph Durkovic in August 2008. Durkovic falsely accused Mr. Butler of being unproductive during his shift which resulted in a disciplinary notice in his employee file. This proved to be only the beginning of ongoing harassment, racial discrimination and false accusation incidents that Mr. Butler endured while on the job.
From September 2008 to June 2010, Durkovic routinely called Mr. Butler "lazy," "dumb," "stupid" and incompetent. Durkovic also called another African-American employee "a monkey." Dukovic refused to allow African-Americans regular lunch breaks while Caucasian co-workers were allowed to leave the yard for lunch. Durkovic intentionally limited training and overtime work opportunities for Mr. Butler and other African-American workers, or assigned them work as laborers rather than allow them to perform jobs for which they qualified (as an electrician in Mr. Butler's case). These opportunities were routinely granted to Mr. Butler's Caucasian co-workers.
The incidents of harassment, racial discrimination and a hostile work environment continued in many forms for months including tampering with work orders that caused Mr. Butler to lose compensation for work to which he was entitled. Although Mr. Butler voiced protests about the incidents of discrimination, Durkovic retaliated and punished him through a series of investigations and adverse employment actions.
The most egregious incident was falsely accusing Mr. Butler of violating Amtrak's Blue Flag Protection while working on a locomotive engine. Mr. Butler was ultimately removed from work without pay for over two months while this and other accusations, including insubordination, were being investigated.
In May 2009, Amtrak's Dispute Resolution Office (DRO) conducted an investigation of Mr. Butler's discrimination complaint. Among its findings, the report confirmed that Mr. Butler was singled out, treated differently and targeted by Durkovic because of his race and that Durkovic routinely treated minorities unfairly because of their race. It further stated that although Mr. Butler was disciplined for failing to set up a proper Blue Flag Protection, it was actually the failed responsibility of Durkovic himself as the Foreman.
Amtrak has once again exposed itself to liability by allowing a racially hostile work environment to exist on the Yard. |
Pullman Porters And The Brotherhood of Sleeping Car Porters
 | |
This Pullman Sleeper Car built in 1910 was restored as the Abraham Lincoln private business car (Source: Wikipedia) |
The concept of the railroad sleeping car was developed during the industrial revolution. Shortly after the American Civil War, George Pullman, founder of the Pullman Company, hired only African-American men, mostly former slaves, to carry luggage, clean the sleeping cars and care for the needs of his passengers.
 | |
A Pullman Porter assists a passenger to board a Pullman Sleeper Car in the 1880's |
Pullman Porters, and the quality service they provided, were integral to the rise and success of the passenger railroad industry and served American railroads for nearly 100 years from 1868 to 1968.
Being a Pullman Porter was the best job available for African Americans during a time of significant racial prejudice. They are credited by many as having contributed to the development of the African-American middle-class. They worked hard and saved hard to ensure their children's higher education. Supreme Court Justice Thurgood Marshall's father, William Canifield Marshall, was a Pullman Porter.
Pullman Porters unionized in 1935 as the Brotherhood of Sleeping Car Porters (BSCP), the first African-American labor organization to receive a charter in the American Federation of Labor (AFL). The BSCP was the very first African-American labor union to sign a collective bargaining agreement with a major U.S. corporation, the giant Pullman Company, based in the town of Pullman, Illinois (a part of the city of Chicago since 1889). A. Philip Randolph, chief organizer and founder of the BSCP, continuously fought to improve the working conditions for Pullman Porters.
In 1978, the organization merged with the Brotherhood of Railway and Airline Clerks (BRAC) which is known today as the Transportation Communications International Union.
In 1995, Lyn Hughes founded the A. Philip Randolph Pullman Porter
Museum in the Historic Pullman District in Chicago. She named the museum in honor of the man (who became a leader in the civil rights movement) and the men who made their mark in history as "Ambassadors of Hospitality." Together, they fought a righteous battle for employment equality which continues today. For more information, visit www.aphiliprandolphmuseum.com. |
|
|
|
|
 Price And Associates
901 Clay Street
Oakland, California 94607
(510) 452-0292
(510) 452-5625 (Fax)
"Injustice anywhere is a threat to justice everywhere."
-- Martin Luther King, Jr. |
|
This eNewsletter is designed for general information only. The information presented in this email should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. This is Attorney Advertising. |
|
|
