Jury selection is set to begin Wednesday for a major class-action trial over claims that drug giant Novartis discriminates against its female sales force, with managers allegedly telling women workers not to get pregnant -- and even encouraging one to get an abortion.
Seventeen current and former employees from across the country are seeking at least $200 million in damages for themselves and more than 5,000 colleagues.
Their Manhattan federal-court suit -- filed in 2004 -- is believed to be the largest class-action case of its kind in the country, dwarfed only by a pending gender-discrimination complaint against Walmart.
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The plaintiffs contend that the Swiss pharmaceutical company -- maker of popular remedies including Bufferin, Ex-Lax and Desenex -- pays its female employees an average of $75 less per month than their male counterparts, and unfairly denies them promotions to better jobs.
A parade of more than 30 women also provided sworn statements describing "differential treatment on the basis of pregnancy or motherhood," court papers say.
One woman, former California sales rep Ivette Flower, said employees were told during a training session "to avoid getting pregnant," before the instructor noticed that Flower was already five months along.
"Oops, too late," the instructor allegedly said.
Another woman, former New York senior sales consultant Christine Macarelli, claimed a manager encouraged her to get an abortion, while former Nevada sales rep Jennifer Ryan Tselikis said her manager told her he didn't like hiring young women because "first comes love, then comes marriage, then comes flex time and a baby carriage."
Ramona Pouncy, who worked as a medical sales rep in Illinois, alleged she was told she didn't qualify for a raise because she "had not been in her territory during maternity leave."
In a 2007 ruling that certified the case as a class action, former Manhattan federal Judge Gerard Lynch noted:
"Whether or not the declarations are ultimately convincing to a factfinder, they are numerous enough and detailed enough to establish that a common question exists."
A Novartis spokeswoman declined to discuss details of the case, but said the company "believes that the plaintiffs' claims are unfounded, and strongly disagrees with the allegations."
She added, "We look forward to presenting our case in court."
Saturday, April 03, 2010
Jury selection set for class-action case against Novartis
via nypost.com
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