By Brian Anderson
Valley Times

Dec. 24, 1999

SAN FRANCISCO — Eight Asian-American scientists and engineers at Lawrence Livermore Laboratory filed complaints against the lab Thursday with the state Fair Employment and Housing Department, alleging discrimination.

The filing came two days after Energy Secretary Bill Richardson delivered a pep talk to Livermore lab scientists and amidst growing discontent among Asian-Americans who believe government investigators are unfairly targeting them as potential spies.

While declining to discuss details of the complaints, the employees said they believe Asian and Pacific Islanders are left behind in promotion and pay increases solely because of their race.

"Like every American, we want to be treated fairly and ethically," computer scientist Kalina Wong said at a press conference outside the California State Building. "At the lab, there are no Asian-Americans in upper management in the technical fields despite the large number of us. In addition, there are no Asian-Americans in a position with authority to make decisions on lab-wide policy."

Lab spokesman David Schwoegler said officials had not been served with the complaint and declined to comment. The complaint is not made public until the defendant agency receives it, said Barbara Osborne, deputy director of enforcement operations for the Fair Employment and Housing Department.

Officials will serve the lab with the complaint within the next 24 hours, Osborne said Thursday. She said the lab has 30 days to respond. At any time, the employees can withdraw their complaints and instead file lawsuits, she added.

If investigators later find the lab at fault, the Fair Employment and Housing Commission can award damages of $150,000 per plaintiff, plus back wages and other compensation, Osborne said.

The complaints are filed with the state because the lab is run by the University of California for the federal Energy Department.

The lab, Schwoegler said, prides itself on being an equal opportunity employer -- a point Richardson made again this week during his visit to Livermore.

"It does not come from any higher source than the man the president appointed to run this complex," he said.

Brad Yamauchi, the group's attorney, said he believes there are many more of the lab's 500 to 700 employees of Asian descent will now come forward to file complaints.

The news comes at the end of a year punctuated by criticism of the Energy Department by Asian-American employees who have accused department leadership of racial discrimination. Most recently, the allegations stem from the case of Los Alamos (N.M.) lab scientist Wen Ho Lee, who was fired earlier this year for transferring secret files to an unsecured computer.

While Lee was charged last week with mishandling information, he has never been charged with spying. His supporters said Lee has been made a scapegoat because he is Chinese.

"The impact of Wen Ho Lee's initially alleged espionage case and the cloud of suspicion that looms above Asian-Pacific American employees and their loyalty has enveloped the labs for anyone of Asian descent," said George Ong, president of the Washington-based Organization of Chinese Americans, who was at Thursday's press conference. Secretary Richardson "has repeatedly stated that he has a zero tolerance for discrimination. That is a stand that everyone must embrace."

Wong said she first complained to lab officials about unequal pay raises seven years ago. In spite of following internal procedures, Wong said nothing was resolved.

Complainants are Wong, Deb Pal, Richard Yamauchi (no relation to Brad), Sukumar Mukurji, Shyam Shukla, Segundo Cardeno, Dick Ling and John O'Brien. At least one other lab employee was expected to file a complaint.