San Francisco Chronicle - June 6, 2008
Elizabeth Fernandez, efernandez@sfchronicle.com.

Now the San Francisco man is suing the Oakland-based Kaiser Foundation Health Plan, charging that Kaiser discriminated against him as a gay man with AIDS.

Sterman's lawsuit was filed in San Francisco Superior Court last month and served on Kaiser this week. In the suit, Sterman alleges violations of state and federal laws.

Charging that Kaiser has a "toxic corporate culture," Sterman said that when his doctors told him to scale back to a 40-hour week because of active HIV symptoms, Kaiser responded by adding to his workload.

"If you cannot work 60 to 70 hours a week, they don't want you," he said in an interview.

Sterman, on leave since last year, is suing for - among other claims - harassment, retaliation, failure to accommodate a disability, breach of contract and wrongful demotion.

"While we are puzzled by Mr. Sterman's allegations, we take these matters very seriously," said Gay Westfall, senior vice president of human resources for Kaiser. "We have and will continue to reach out to Mr. Sterman to address his concerns.

"We respect and appreciate Mr. Sterman's many years of dedicated service to Kaiser Permanente and the community we serve. He helped to achieve the high standard of care for HIV/AIDS treatment that makes Kaiser Permanente San Francisco a national model."

Westfall also said Kaiser Permanente has a widely recognized commitment to diversity and is dedicated to creating and maintaining a work environment "free from discrimination and harassment."

Sterman, who has been HIV-positive since 1983 and a Kaiser member since 1975, was invited to join Kaiser's HIV Advisory Board in 1992, later becoming the co-chair.

The group was formed in part to quell tensions between Kaiser and HIV activists who said the medical system was failing to providing quality health care to patients with the disease. During a 1995 demonstration by the AIDS organization ACT UP, Sterman testified before San Francisco supervisors, saying he was a satisfied patient.

In 1997, he was hired by the medical system as the public affairs leader of Northern California Kaiser medical centers in four counties - San Francisco, Sonoma, San Mateo and Marin. Three years ago, during a reorganization, he became the public affairs director specifically for San Francisco.

During the hiring process, Sterman's "ability to manage the demands of the job while living with a chronic disease was discussed," said the suit. "During the conversation, it was agreed and understood that because of the unpredictable nature of HIV, Kaiser would accommodate Mr. Sterman's work schedule as needed."

Beginning in 2006 with a change of supervisor, Sterman's responsibilities expanded while his staff was cut, the suit contends. His job evaluations also became less favorable.

Early last year, in a meeting with his supervisor, Sterman said he informed her that he could no longer "physically work 10 to 12 hours in a day due to his declining health and the stress of the job." The suit said the supervisor did not ask how she could help support him in managing his job and reducing his workload.

The suit alleges that Kaiser "systematically uses intimidation and human resource policies to force exempt" employees to work very long hours and to resign if they are unable to keep up the pace.

It also said that when Sterman was hospitalized last year for stress-related arterial fibrillation, he "did not once receive a phone call or well wishes" from management.

"Employees diagnosed with HIV/AIDS typically do not receive phone calls or well wishes," the lawsuit said. "This is in contrast with colleagues who receive calls or flowers while they are hospitalized for other conditions."

His suit seeks assorted damages, including punitive and compensatory damages for lost wages and employment benefits.

Sterman has filed a complaint with the state Department of Fair Employment and Housing.

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