Communities Civil Rights Fil-Am Professor Sues Georgia State University and U of Georgia Regents for Discrimination
| Fil-Am Professor Sues Georgia State University and U of Georgia Regents for Discrimination |
David Paraiso, an executive of the Healthcare Coalition Institute (HCI), posted the following in the , 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
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
www.wsbtv.com/video/13285317/index.html?taf=atl
FREQUENTLY ASKED QUESTIONS (FAQ; Version 1.0 ; 10/15/2007):
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 or write to this address:
Dr. Emelita Breyer Legal Funds
c/o Dr. Emelita D. Breyer
P.O. Box 1076
Tucker, GA 30085-1076
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
CHRONOLOGY OF EVENTS:
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.
HOW TO ESTABLISH CONTACT OR VOLUNTEER TO YOUR GROUP
Volunteers can send an e-mail to Dr. Emelita Breyer at or write to this address:
Dr. Emelita Breyer Legal Funds
c/o Dr. Emelita D. Breyer
P.O. Box 1076
Tucker, GA 30085-1076
Cellphone: 678-472-7418
EMPLOYMENT DISCRIMINATIONS LAWSUITS IN GEORGIA:
http://law.gsu.edu/library/subscriptions.php?by=subj&subj=Employment%20Discriminati on
REFERENCES:
This is the case involving Emelita Bryer, an Asst. Chemistry professor at Georgia State University and the current situation..........Can we please help her raise $25,000? Her email is indicated above - please contact her directly for any help you can give. Thank you.
Malou
Emelita Bryer wrote:
Date: Wed, 31 Oct 2007 00:02:33 -0400
From: "Emelita Bryer"
To: "Malou Mariano"
Subject: Re: FAQ: Discrimination Lawsuit vs. Georgia State University and Board of Regents of University of Georgia
Dear Malou,
His name is Mr. James E. Voyles. He was recommended by Mr. Bob Barr former Congressman and current ACLU leader. He said in Georgia , the probability of Title VII winning is 15%. I will have a higher chance in Michigan and other places. However after briefly reviewing some of my documents for 1 hour, he told one of the Asian leaders here that my probability of winning is higher than 50%. He has won a class action suit against Coca Cola without going to court. He said this was one of the highest lawsuit payment (either 900 M or 500M) in class discrimination. He currently has another case of discrimination against a university in Georgia.
He is currently representing three celebrities from Hollywood on royalty. I told him I don't have funds and would try to get some at least for discovery which according to his estimate would cost $25,000. He is currently meeting me half way on a split contingency for $150 per hour and 20% win. He also agreed to help me in fund raising so I can raise the funds for the rest of the case. The 80-20 has donated $1000 and is still reviewing my case. Kathleen who is one of the president said that once the executive committee finished their review, they will start sending e-mail to all their members to campaign for this case.
Today I did a press conference with the Latino and the African American communities in order to work together in several issues such as civil rights, voter's registration, elimination of disparity in helath and education. I am hoping that I can gather support from them. This will also prevent GSU and BOR from dividing us and using us against each other. I thank you for your support but I don't know anyone else to approach right now to raise the $25,000 to keep the case going. I need to keep the lawyer this week because the interrogatories need to start this November (33 days response from the other side) for us to finish discovery on December 31, 2007. Please let me know if there is anything I can do, any suggestions and how I can approach the community.
Thank you so much and sorry for the problem.
Emie
QUOTE.
Fellow NaFFAANS:
Nony is correct, but, before the case is elevated to the U.S. EEOC, Professor Byer should FIRST file a complaint with her State Human Relations Commission. The Intake Department will evaluate her case and will elevate it to the Federal Court, she will need a lawyer at this time. In some cases, the Employer will immediately settle with the Employee, like in the case of Broadcaster ROSE TIBAYAN vs. ABC NEWS, WPVI TV of Philadelphia. A support from her peers had a favorable impact, and in the case of Rose, the ASIAN JOURNALIST ASSOCIATION of AMERICA.
"ROSE WAS FIRED FOR WRITING A BOOK, WHILE THE LATE PETER JENNINGS WAS RETAINED."
I use the case of Rose, because it was a multimillion dollar settlement from the same ABC who has maligned our Filipino Doctors.
It will be very easy to get a lawyer on a contingency fee agreement once it is certified by the State Human Relations Commission. Most lawyers will agree either on a 65/35 or 60/40 fee agreement.
Lawyers who specialize on discrimination cases are easy to get.
We do not know the status of the case of Professor Byer is at right now, however, once it was determined by the State Human Relations Commission that a Federal Law has been violated, she can shop around for the best lawyer with a good track record on DISCRIMINATION CASES.
My observation was based on an actual case that I helped facilitate during my tenure as a member of the Pennsylvania Heritage Affairs Commission (PHAC) in the Commonwealth of Pennsylvania.
NaFFAA is perceived as the VOICE OF 3-MILLION FILIPINO AMERICANS. It is about time that we behave as we are perceived. Most cases that will be referred to NaFFAA are discrimination cases, why, because many Americans are IGNORANT. No matter how we behave, FILIPINOS will ALWAYS be judged by the COLOR OF THEIR SKIN.
NaFFAA should seek the support of the Filipino-American Lawyers. It will help if a STRONG LEGAL DEFENSE DEPARTMENT is created. The Lawyers will be benefited once the case is settled in favor of the Filipino Plaintiff. In most discrimination cases, the employers agree to correct a discriminatory action against them. If NaFFAA has a strong LEGAL DEPARTMENT who has a good track record, then we will get the RESPECT that we deserve.
If (the) NaFFAA has the prestige of LA RAZA, of the Latinos, (the) OCA, of the Chinese, (the) ADL of the Jews or NAACP, of the Negroes, then, we will not be kicked around anymore.
Corporations or Individuals will avoid a lawsuit to protect their image and the high cost of litigation. It is common sense, Corporations want to be perceived as good corporate citizens.
Our NaFFAA Board of Directors, most especially, the National Chairman of the BOD, Madame ALMA Q. KERN, "Filipinos had been kicked around for a long time now," starting with our FILIPINO SACADAS in HAWAII, FILIPINO FARM WORKERS IN CALIFORNIA and FILIPINO SHIP WORKERS PHILADELPHIA.
Now our Filipino Doctors and University Professors are being kicked around too?
WE MUST STOP BEING KICKED AROUND, NOW.
Sincerely,
Ernie Gange
UNQUOTE.
We took the initiative of publicizing in the www.mabuhayradio.com your comments, as mentioned in your posting in the Botomo on Nov. 2, 2007.
Please visit the Front Page of the www.mabuhayradio.com to read the article, "The Barbarians at the NaFFAAgate." You may also click at this link to go direct to the article: http://www.mabuhayradio.com/content/view/691/51/
You are mentioned prominently in the article.
Mabuhay,
Bobby M. Reyes
Editor
www.mabuhayradio.com
[botomo] Re: EEOC - FILIPINOS MUST STOP BEING KICKED AROUND N O W.
In a message dated 11/2/2007 2:47:54 P.M. Pacific Daylight Time, writes:
2 Nov 07
Fellow NaFFAANS:
Nony (Abrajano) is correct, but, before the case is elevated to the U.S. EEOC, Professor Byer should FIRST file a complaint with her State Human Relations Commission.
Thank you so much for your support in my case. I already applied to the EEOC here in Atlanta and was given a right to sue letter. The case is currently in the federal court and has a deadline for discovery by December 29, 2007. My lawyer is currently working on the case contingent on receiving the flat fee of $25,000 and part contingency. I am up against a State institution here in Georgia which is more difficult than Ms. Rose Tibayan's case against a corporation, ABC NEWS in Philadelphia. A private corporation such as ABC would be more concern about these issues because of their viewers. Thus I believe a stronger support from the community is needed for this case to even come close to Ms. Tibayan's case result.
I am currently raising the legal fees for this case and would appreciate any support that I can get from the community. Suntrust Bank is currently giving a donation of $100 to a nonprofit charitable institution if one opens an account in their bank before December 29, 2007. I recently established Breyer Foundation, Inc., a nonprofit charitable institution which could be a recipient of this gift or donation from Suntrust. I am updating the information for any tax deductible donation that the community can provide for this case and others that can be helped by this initiative:
1. Open a Suntrust Account before December 29, 2007 and designate Breyer Foundation, Inc., a nonprofit charitable institution for the recipient of their $100 charitable institution gift promotion.
2. Tax deductible donation to be made to the
Breyer Foundation, Inc.
P.O. Box 1076
Tucker, GA 30085-1076
Tel: 678-472-7418
E-mail:
Again, thank you so much in posting my message to the community.
Emie Breyer
678-472-7418
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