David Paraiso, an executive of the Healthcare Coalition Institute (HCI), posted the following in the Akda@yahoogroups.com, which is the e-forum of several Filipino-American writers and journalists. The case of Dr. Emelita (De Guzman) Bryer, a Filipino-American, was referred to Mr. Paraiso by his friend in Atlanta, Georgia.

Here are the particular details of the case, as posted by Mr. Paraiso:

DISCRIMINATION LAWSUIT: Dr. Breyer vs. Georgia State University and Board of Regents of University of Georgia

PLAINTIFF: Dr. Emelita (De Guzman) Breyer

RESPONDENTS: Georgia State University and Board of Regents, University of Georgia

TYPE OF CASE: Discrimination Lawsuit

SUPPORT REQUIREMENTS: Legal, financial, community (please refer to FAQ below)

PRIVACY LEVEL: Permission was granted by Dr. Dr. Bryer to release the attached information

LOCATION: Tucker, State of Georgia

CONTACT PERSON: Dr. Emelita (De Guzman) Breyer

Cellphone: 678-472-7418

Email: Emelita.Byer@gmail.com

FORMER POSITION: Assistant Professor, School of Chemistry , Georgia State University

ADDITIONAL INFORMATION: Please see the following links and attachment:

http://gasiantimes.com/Oct07/breyer.oct1.07.htm

www.wsbtv.com/video/13273257/index.html?taf=atl

1) Who are you? What is your background?

Dr. Emelita Breyer (an Asian American with Filipino and Chinese heritage) is formerly an Assistant Professor at School of Chemistry of Georgia State University (GSU). She was with GSU since 1999 and was denied for tenure in October, 2005. Her work in GSU has been described by distinguished scientists in her field as high quality as well as "groundbreaking". Her work in the health-related field has global impact.

2) What is the issue(s)?

A senior faculty prejudged Dr. Breyer's tenure application based on race and wrote negative comments on before she even had a chance in reviewing Dr. Breyer's application for promotion and tenure. Another faculty who was not allowed to participate in the review of Dr. Breyer's tenure application due to conflict of interest, lobbied against Dr. Breyer's promotion. After defeating Dr. Breyer's tenure application, the same faculty stated that there are "too many Chinese" in the faculty as the reason why he didn't vote to hire a new Asian faculty candidate. Racial discriminatory behavior by these two faculty members have been documented for several years. Dr. Breyer is seeking legal assistance and support from the community to fight for justice and show that one person can make a difference by standing up against this injustice.

3) Why are you doing what you are doing?

Racial discrimination against Asian Americans is a systemic problem in the society although more prominent in the university environment it is experienced by most Asian American in all work and social settings as reflected by the "bamboo ceiling" in promotion, lower salary for Asian American professionals and scientists, healthcare disparity against Asian American and few Asian American leaders in the society. Asian Americans very seldom complain as evident by very few or lack of any Asian discrimination law suit being handled by the US Department of Justice. As a victim of racial discrimination at GSU, I find it is my responsibility to speak up for the injustice and make sure that it will not happen again to a fellow American. I believe that one person can make a difference. If I stand up against this cancer that is slowly killing our society perhaps other fellow Americans will join me in this fight to eliminate discrimination and make our country a better place for our children.

4) Why do we need to care? How are we impacted by not reacting properly?

Discrimination comes in many forms and degrees. I have suffered discriminatory treatment for years without even knowing it until I became aware of the situation. Subtle discrimination is the most dangerous form, for it does not only affect or hurt the physical and social environment of an individual but it also attack the mental state of the person in terms of self-esteem that at the end the victim may even feel that it is their fault, they did not work hard enough, good enough or paid more attention. The struggle for equal rewards and treatment required Asian American to work harder, put more time and sacrifices for equivalent treatment. This situation is now being seen in our children and young adults in their college admissions, where although in number Asians are a minority, our children are not considered a minority and worst they are not even considered equal to a majority. Our children are fighting our battles while we sit and do nothing and endure subtle discriminatory actions in our daily lives. In discrimination we will find that education alone and hard work is not sufficient for our dreams to become a reality. To eliminate discrimination, the first step is to promote awareness to our fellow Asian Americans. To make our fellow Americans realize that it can happen to them and their love ones. For the silent victims, whether the damage is small or serious, they need to realize that they are not alone and if they are afraid to fight alone then we can do it together through this case. We need to give a message that we care for the victims as well for whatever happen to one person affects us in this society.

In our recent events of school massacre and racial slurs, we learned that we should focus on the victims and not on the perpetrator of the crime. Publicity focused on the perpetrator of the crime just promotes their objectives of recognition. This approach will encourage more media-hungry people to commit such crime to this group. While focusing on the victims will make people realize the dreadful effect of such action and is a more effective way of preventing these actions. Like any cancer in the society, lack of action on our part now will result in a society where our children will be taxed to their limit and their needs remain invisible in this society. As a citizen of this country and a parent, it is our right and responsibility to shape the future of this nation to be a better place for our children.

5) What do you need, with whom and when (be as specific as you could in terms of your needs like organization; raise funds; public relations; petition; write to your congressperson; follow-up, etc.)

We need to raise legal funds for the case and support in terms of time and efforts:

1. Donation to be made to the:

Dr. Emelita Breyer Legal Funds

c/o Dr. Emelita D. Breyer

P.O. Box 1076

Tucker, GA 30085-1076

Cellphone: 678-472-7418

2. For individuals, letters to your congressman, federal and state officials to support Dr. Breyer's case. Please see template letter at this website http://www.emelita-breyer.com.

Webmasters note: For the contact info of the Senate and the websites of Congress  click here and here. 

3. Volunteers to do the following:

- make telephone calls and write letters to politician, and state representatives

- volunteer (individual or organization) to launch national awareness

- volunteer to write petition letters to national and local organizations in support for this case

6) What do you hope to accomplish by suing?

I would like to raise the awareness in the society on this systemic problem of discrimination against Asian Americans and its impact to our entire society. As a victim we are accountable in making sure that we exposed racist individuals so in this way, they will never be able to victimize another person.

7) If you did not sue, what do you suppose will happen?

Racism is a habit, faculty who are racist at GSU will become more powerful and confident that they can do anything to any Asian Americans and will get away with it.

8) If you win, what do you plan on doing next?

With the support of the people, I would like to continue my work in eliminating health disparity. I hope to be able to help bridge the gaps in education and healthcare systems in our society. I will continue to provide support and assistance to victims of discrimination.

9) For those who want to volunteer, what are next steps?

Volunteers can send an e-mail to Dr. Emelita Breyer at emelita.bryer@gmail.com or write to this address:

Dr. Emelita Breyer Legal Funds

c/o Dr. Emelita D. Breyer

P.O. Box 1076

Tucker, GA 30085-1076

http://www.emelita-breyer.com

Cellphone: 678-472-7418

10) How do you maintain contact and provide updates to your supporter (regardless whether they contributed or not money, logistic and time)?

A web site will be created where donors name and donation higher than $100 will be listed. The database will be accessible to all donors and supporters of the case. People can create their own username and password to access the database so they can be updated. The website http://www.emelita-breyer.com will be updated every week to show progress of the case/

11) For those requiring additional information, how do they request and get additional information?

For additional information, please send an e-mail to Dr. Emelita Breyer at emelita.bryer@gmail.com

Ø Dr. Breyer was hired with lower salary than an equivalent Caucasian faculty. Before Dr. Breyer's lawsuit, Asian American faculty had consistently lower salary than an equivalent Caucasian faculty.

Ø Dr. Breyer was consistently given an unfair treatment compared to an equivalent and junior Caucasian faculty in terms of teaching preference, service and students.

Ø A senior faculty and a decision maker prejudged Dr. Breyer's tenure application based on race and wrote a negative commend on September 21, 2005 before the faculty even had a chance in reviewing the extensive dossier of information submitted by Dr. Breyer on September 25, 2005.

Ø On September 21, 2005, the senior faculty wrote an e-mail message indicating that "die was cast", i.e. the decision had already been made, as to Breyer's application.

Ø In September 2005, another senior faculty, after consulting with GSU's Department of legal affairs, ostensibly recused himself because he had numerous personal and professional conflicts with Dr. Breyer. However, instead of recusing himself as required by GSU, this faculty participated in Dr. Breyer's tenure process by supplying the o ther senior faculty-decision maker and others with negative information about Dr. Breyer in an effort to defeat Dr. Breyer's tenure and lobbying faculty members to vote against Breyer's tenure. This faculty's actions were in substantial part based upon Dr. Breyer's race and ancestry.

Ø On October 12, 2005, the senior faculty-decision maker made numerous false and misleading statements about Dr. Breyer and her work to the faculty committee.

Ø In March 2006, Breyer learned for the first hand that several Caucasian Chemistry Professors who held the majority of votes on the promotion and tenure committee engaged in a serious of unlawful acts to deny Dr. Breyer promotion and tenure. (Review of Board of Regents was on April 18, 2006). In the same time frame, the recused senior faculty made a statement that "there are too many Chinese in the Department".

Ø After the denial of Dr. Breyer's tenure, the Board did not perform subsequent de novo analysis.

Volunteers can send an e-mail to Dr. Emelita Breyer at emelita.bryer@gmail.com or write to this address:

Dr. Emelita Breyer Legal Funds

c/o Dr. Emelita D. Breyer

P.O. Box 1076

Tucker, GA 30085-1076

http://www.emelita-breyer.com

Cellphone: 678-472-7418

http://law.gsu.edu/library/subscriptions.php?by=subj&subj=Employment%20Discriminati on

http://www.ACLU.ORG/

http://www.aagen.org/