A Black Workday employee filed a lawsuit against his employer for race and disability discrimination. The lawsuit alleges that the employer sent police to his home for a "wellness check" while he was in the hospital receiving treatment and had requested medical leave.
Anthony Hill, a Black senior legal counsel at Workday who is on leave from the company, filed a lawsuit against Workday in December 2023 in the Northern District of California's court. The lawsuit alleges race and disability discrimination. The case is still ongoing.
A Fight For Justice
In June, the court dismissed the case without prejudice due to Hill's insufficient extraterritorial application of California law. Workday is based in California, while Hill is based in Maryland. Hill has since filed an amended complaint, which Workday seeks to dismiss.
Court-mediated settlement negotiations last month were unsuccessful, and the case remains ongoing. Hill said he was on medical leave from October 12, 2022, to November 22, 2022.
Hill stated that he began drinking more due to increasing stress leading up to his leave. On October 12, 2022, he sought treatment at a hospital for "stress, exhaustion, and trauma" allegedly caused by discriminatory and hostile treatment from other Workday employees, as detailed in the lawsuit.
That day, Hill emailed his manager to report a medical emergency and inform her that he was going to the hospital. He also submitted a completed leave request form and indicated that he would provide the necessary Family and Medical Leave Act paperwork shortly.
The following day, Hill's manager responded with information about FMLA and advised him not to worry about work and to prioritise his recovery. However, on October 20, 2022, while Hill was still in the hospital, Workday sent police to his home for a "wellness check."
According to a police report, a Workday safety and security manager requested a welfare check on Hill. The manager stated that the company could not contact Hill or his wife, his emergency contact. The police spoke with Hill's wife, who confirmed that Hill was receiving medical treatment.
Hill told Business Insider that Workday did not attempt to contact him through calls or emails after his manager's last email on October 13 and before the incident. Because he was unable to use his cell phone at the hospital, Hill learned about the police visit from a rehabilitation centre staff member who also allowed him to call his wife.
After hearing about this, Hill said he felt like he "was going to have a heart attack." His wife, who was at home then, was also alarmed by the incident. The wellness check happened at the Montgomery County police department, which declined to comment because it is not a party to the lawsuit.
"There's nothing they would've thought cops with guns could solve on October 20 that doctors with stethoscopes could not have solved," Hill told BI. Workday is still mum on this report. FMLA assures eligible employees can take up to 12 weeks of unpaid medical or family leave in a year.
However, the employee should mention they are taking leave for FMLA reasons. On the other hand, the employer should inform the employee they are eligible for medical leave and instruct the employee to complete the paperwork.
The Department of Labor mandates that employers allow employees 15 calendar days to submit their complete medical certification for FMLA leave.
Hill initially expressed concerns about FMLA compliance upon hospitalisation due to the incomplete paperwork. However, hospital staff informed him of this legal protection, and he confirmed that the hospital provided the necessary FMLA paperwork within the 15-day timeframe.
After filing an EEOC charge against Workday in April 2023, Hill initiated a lawsuit against the company in the Superior Court for the District of Columbia in August 2023. However, this initial lawsuit was voluntarily dismissed without prejudice.
Return From Medical Leave And Subsequent Inquiries
Several months after returning from leave, Hill requested additional information from Workday's HR department regarding the wellness check that occurred in March 2023. However, the HR staff declined to provide any information or documentation about the incident.
"They won't tell me anything. Did they think it was an emergency? Did they think I was in danger?" Hill said."Did they think I was going to hurt someone? Why did they send police to my house and endanger my wife and kids?"
Although Workday may have intended to contact Hill to complete his FMLA paperwork, sending police to an employee's home for a wellness check is an unusual and potentially concerning action, according to Cassie Lenning, a partner at Outten and Golden, a law firm specialising in representing tech employees. The firm is not involved in the lawsuit.
It's noteworthy that in September, Tesla managers in Germany initiated a practice of visiting employees' homes to verify their sickness following a significant increase in sick leave rates. This incident raises questions about the appropriateness of such actions and potential privacy concerns, particularly compared to the Workday case.
According to Lenning, if an employer is aware of an employee's mental health issues, it is reasonable to send someone for a wellness check in certain circumstances. "Even in that circumstance, why wouldn't they send someone from the office as opposed to the police?" Lenning said.
"There's still a level of escalation in calling the police, well-intentioned or not. I question the judgment of someone who would send police to the home of a Black man. There are racial implications that are being ignored." she added.
Hill reported experiencing "awful treatment" upon returning to work, including increased resistance and exclusion from meeting invitations. He also mentioned working a modified half-time schedule.
In January 2023, Hill reported his racial and disability discrimination claims to Workday's HR department and requested a transfer to a different group. After investigating the matter, the company's HR staff closed the case in March, concluding that his claims were "unfounded."
Promotion Request And Alleged Discrimination
Hill, employed at Workday since January 2021, wanted a promotion before his leave. However, the company denied his request, and his manager instructed him to prepare and submit a document outlining his accomplishments. "That's a hurdle my non-Black colleagues didn't have to overcome," Hill said.
Later, he faced opposition from colleagues when he insisted on implementing company policies restricting gift-giving to government officials. According to the lawsuit, one of Hill's colleagues told him during a meeting, "Everybody knows you don't want to work, Anthony."
Hill reported to his manager that a colleague's increased work ethic and claims of professional reputation seemed racially motivated. "It was quite clear to me they were setting me up to fail," Hill said.
Hill was initially placed on administrative leave and later approved for disability leave, but his request for long-term disability benefits was denied, according to his statement. "Without a doubt, I was retaliated against over and over again," Hill said.
Workday is facing a class action lawsuit alleging its AI-powered employer software discriminates against job applicants.
Despite public statements condemning racism following the deaths of George Floyd, Breonna Taylor, and Sonya Massey, who former officer Sean Grayson shot, many tech companies have made minimal progress in improving diversity, equity, inclusion, and belonging within their organisations.
