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‘The Landmark debate’ in Bangkok Post

Nov 7, 2008
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The Landmark Debate, by Al Lock - November 6, 2008, in Bangkok Post

A great article on this controversial large group awareness training organization.

A very interesting quote from the article: This sounds suspiciously like the process used by the Soviets in preparing confessions for their show trials or the first stage of the brainwashing process.

Here is another blog’s take on the article: Don’t Be Fooled: We Are Now Under Attack.

And for some enlightening historical background, read: Why did Landmark leave France?

Find out more about Landmark Education at the Introduction to the Landmark Education litigation archive - a truly invaluable resource.

Controversial development training cited in religious discrimination lawsuits

Jun 4, 2008
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Friday, May 23, 2008

A controversial development training course called “Landmark Forum” is cited in religious discrimination lawsuits in United States federal courts in New York and Washington, D.C. The seminars are run by a San Francisco, California-based for-profit training company called Landmark Education. The company evolved from Erhard Seminars Training “est”, and has faced criticism regarding its techniques and its use of unpaid labor. The sperm bank and surrogacy company Los Angeles-based Growing Generations is named as a defendant in the New York lawsuit, and the Democratic political action committee Twenty-First Century Democrats is a defendant in the Washington, D.C. case.

In separate lawsuits filed in the United States District Court for the Southern District of New York in Manhattan, New York, and in the United States District Court for the District of Columbia in Washington, D.C., former employees are suing their employers for monetary damages and claiming religious discrimination after their employers allegedly mandated that they attend courses at Landmark Education.

In the US$3 million federal lawsuit filed in New York, Scott Glasgow is suing his former employer Growing Generations and its CEO Stuart Miller. Growing Generations maintains sperm banks and also arranges surrogacy for gay couples who wish to have children. The company has offices in New York and Los Angeles, and has done business with celebrities including actor B. D. Wong of Law & Order: SVU.

Glasgow was marketing director of Growing Generations, and claims he was fired in June 2007 after refusing to continue attending Landmark Education seminars. Glasgow is also suing for sexual harassment, and claims Miller came on to him in September 2006. He made approximately $100,000 per year as the company’s marketing director, and was the company’s only employee based out of New York City. The company’s main offices are in Los Angeles.

“I was shocked when I was fired. It took me months to right myself. I want them to stop imposing Landmark on the employees, and I want an apology,” said Glasgow in a statement in The Village Voice. Brent Pelton, one of Glasgow’s attorneys, stated that: “The Landmark philosophy is deeply ingrained in the culture of the company”. Glasgow said that the Landmark Education training courses were “opposite” to his Christian beliefs. According to Glasgow he was questioned by Miller in May 2007 after he walked out of a Landmark Education course, and was fired shortly thereafter. “We stand by the allegations contained in the complaint and we look forward to proving them at trial,” said Pelton in a statement to ABC News.

Ian Wallace, an attorney who represents Growing Generations, claimed that Glasgow wasn’t fired but walked away from his position. “Growing Generations and Mr. Miller are very confident that these claims will be dismissed ultimately, and there’s no factual basis for them whatsoever,” said Wallace in a statement to The Village Voice. Lawyers representing Growing Generations and Stuart Miller declined comment to The New York Post, and did not immediately return a message from ABC News.

In Glasgow’s complaint, entered into federal court record on April 18, he asserts that Landmark Education constitutes a “religion”, and “perceived their philosophy as a form of religion that contradicted his own personal beliefs”. He states that when he was promoted to Director of Marketing, he asked Miller if he could stop attending the Landmark sessions but was told that they were mandatory for all of the company’s executives and that Landmark is “very much the language of the company.” Glasgow said his performance at the company was assessed based on how he was “touching, moving and inspiring” others, a phrase from the Landmark philosophy, as opposed to his business accomplishments at the company. The complaint claims that the actions of Miller and Growing Generations violated Federal, New York State and New York City civil rights laws.

The lawsuit filed in federal court in Washington, D.C. deals with a separate plaintiff and company, but the plaintiff in the suit also claims that religious discrimination took place for allegedly being mandated to attend Landmark Education courses. Kenneth Goldman is suing the United States Democratic political action committee Twenty-First Century Democrats (also 21st Century Democrats) and its former executive director Kelly Young. Goldman was formerly the communications director of 21st Century Democrats.

According to Goldman’s complaint, three employees of 21st Century Democrats were fired after refusing to attend the Landmark Forum course. The complaint asserts that Landmark Education has “religious characteristics and theological implications” which influenced the mission of 21st Century Democrats and the way the organization conducted business. Goldman’s complaint states that in addition to himself, a training director and field director were also fired after they made it clear they would not attend the Landmark Forum.

Goldman says executive director Young infused Landmark Education jargon terms into staff meetings such as “create possibilities”, “create a new context”, and “enroll in possibilities”. He also claims that Young “urged” staff members to participate in Landmark Education events outside of the workplace, drove employees to and from Landmark functions, and used funds from 21st Century Democrats to pay for employees to attend those functions. Goldman’s complaint asserts that he was discriminated against in violation of the District of Columbia Human Rights Act.

In a statement in The Washington Times, the executive director of 21st Century Democrats, Mark Lotwis, called the lawsuit “frivolous” and said: “we’re going to defend our organization’s integrity”. Landmark Education spokeswoman Deborah Beroset said that the Landmark Forum “is in no way religious in nature and any claim to the contrary is simply absurd,” and stated: “While we are not a party to this lawsuit and have no firsthand knowledge of it, we can only assume that we are being used as a legal and political football to further the plaintiff”s own financial interests.”

The New York lawsuit was filed April 14, and is still in early filing stages. A conference with the federal court judge in the case has been scheduled for June 17. The Washington, D.C. suit began in November 2007, and entered mediation this past March. As of April 15 the parties in the case were due back to court on July 11 to update the court on the mediation process.

Landmark Education is descended from Erhard Seminars Training, also called “est”, which was founded by Werner Erhard. est began in 1971, and Erhard’s company Werner Erhard and Associates repackaged the course as “The Forum” in 1985. Associates of Erhard bought the license to his “technology” and incorporated Landmark Education in California in 1991.

This is not the first time employees have sued claiming mandatory attendance at “Forum” workshops violated their civil rights. In a lawsuit filed in December 1988 in the United States District Court for the Northern District of Georgia, eight employees of DeKalb Farmers Market in Decatur, Georgia sued their employer claiming their religious freedom and civil rights were violated when they were allegedly coerced into attending “Forum” training sessions. “Many of these training programs, particularly at large corporations, claim to be purely psychological, aimed at improving productivity and morale and loyalty. But in fact they are religious,” said University of Denver religious studies professor Carl Raschke in a statement to The Wall Street Journal.

The DeKalb Farmers Market employees were represented by lawyers for the American Civil Liberties Union. Consulting Technologies Inc., an affiliate of Transformational Technologies Inc., was named as a party in the lawsuit. Transformational Technologies was founded by Werner Erhard, and was not named as a party in the suit. The “Forum” course that the employees claimed they were mandated to attend was developed by Werner Erhard and Associates. Employees said that they were fired or pressured to quit after they objected to the Forum courses.

The workers claimed that the Forum course contradicted with their religious beliefs. The plaintiffs in the suit included adherents of varying religious backgrounds, including Christianity and Hinduism. “The sessions put people into a hibernating state. They ask for total loyalty. It’s like brainwashing,” said Dong Shik Kim, one of the plaintiffs in the case. The plaintiffs said they lost their jobs after objecting to a “new age quasi-religious cult” which they said was developed by Werner Erhard.

The DeKalb Farmers Market denied the allegations, and an attorney for the company Edward D. Buckley III told The Wall Street Journal that employees were encouraged, not coerced, to attend the training sessions. According to The Wall Street Journal, The Forum said it would not sanction workers being coerced to attend its training sessions.

The parties in the DeKalb Farmers Market religious discrimination case came to a settlement in May 1989, and the case was dismissed with prejudice in June. The terms of the out-of-court settlement were not made public, but the employees’ attorney Amy Totenberg told The Wall Street Journal that the case “has made employers come to grips with the legitimate boundaries of employee training”.

According to Title VII of the Civil Rights Act of 1964, employers must “reasonably accommodate” their employees’ religious beliefs unless this creates “undue hardship”. In September 1988, the Equal Employment Opportunity Commission issued a policy-guidance notice which stated that New Age courses should be handled under Title VII of the Act. According to the Commission, employers must provide “reasonable accommodation” if an employee challenges a training course, unless this causes “undue hardship” for the company.

In October 2006, Landmark Education took legal action against Google, YouTube, the Internet Archive and a website owner in Queensland, Australia in attempts to remove criticism of its products from the Internet. The company sought a subpoena under the Digital Millennium Copyright Act in an attempt to discover the identity of an anonymous critic who uploaded a 2004 French documentary of the Landmark Forum to the Internet. “Voyage au pays des nouveaux gourous” (Voyage to the Land of the New Gurus) was produced by Pièces à Conviction, a French investigative journalism news program. The Electronic Frontier Foundation represented the anonymous critic and the Internet Archive, and Landmark withdrew its subpoena in November 2006 in exchange for a promise from the anonymous critic not to repost the video.

Landmark Education itself has come under scrutiny for its controversial labor practices. The company has been investigated by the United States Department of Labor in separate investigations originating out of California, Colorado, and Texas. Investigations focused on the heavy reliance of unpaid labor in the company’s workforce, which Landmark Education calls “assistants” and deems volunteers.

An investigation by the U.S. Dept. Labor based out of Colorado found that activities performed by Landmark Education’s “assistants” include: “office, clerical, telephone solicitation and enrollment, as well as greeting customers, setting up chairs, handling microphones during the seminars and making coffee. Additionally, a number of volunteers actually teach the courses and provide testimonials during and after the courses.” The Colorado investigation’s 1996 report found that “No records are kept of any hours worked by any employees.” According to a 1998 article in Metro Silicon Valley: “In the end the Department of Labor dropped the issue, leaving Landmark trumpeting about its volunteers’ choice in the matter.” Metro Silicon Valley reported that Landmark Education at the time employed 451 paid staff, and also utilized the services of 7,500 volunteers.

After an investigation into Landmark Education’s labor practices by the U.S. Dept. Labor’s offices out of California, the company was deemed to have overtime violations. According to the Department of Labor’s 2004 report on the investigation, back wages of $187,569.01 were found due to 45 employees. An investigation by the U.S. Dept. Labor in Texas which concluded in 2005 stated: “Minimum wage violation found. Volunteers (Assistants) are not paid any wages for hours worked while performing the major duties of the firm. The assistants set up rooms, call registrants, collect fees, keep stats of classroom data/participants, file, they also are answering phones, training and leading seminars.”

The Texas investigation also discovered an overtime violation. Landmark Education agreed to pay back wages for the overtime violation, but did not comply with the overtime violation found by the U.S. Dept. Labor for the “assistants”. Landmark Education denied that the “assistants” are employees, though the Department of Labor report concluded: “Interviews reveal that the employees are taking payments, registering clients, billing, training, recruiting, setting up locations, cleaning, and other duties that would have to be performed by staff if the assistants did not perform them.”

According to the 2004 investigative report by Pièces à Conviction in the “Voyage au pays des nouveaux gourous” program, Landmark Education was investigated by the French government in 1995. In the “Voyage au pays des nouveaux gourous” program volunteers were filmed through a hidden camera and shown performing duties for Landmark Education in France including manning phones, recruitment and financial work for the company, and one volunteer was shown cleaning a toilet.

Le Nouvel Observateur reported that after “Voyage au pays des nouveaux gourous” aired in France, labor inspectors investigated Landmark Education’s use of unpaid volunteers. According to Le Nouvel Observateur, one month after the labor investigation took place the French branch of the company had disbanded. A former “Introduction Leader” to the Landmark Forum, Lars Bergwik, has recently posted a series of videos to YouTube critical of the company and its practices. Bergwik appeared on a 2004 investigative journalism program on Sweden’s Channel 4, Kalla Fakta (Cold Facts). According to Bergwik, after the Kalla Fakta program on Landmark Education aired, “Landmark left Sweden”.

Sources

“Lawsuit Claims Sex Harassment, Cultish Behavior“. ABC News, May 23, 2008
“Sperm bank employee claims harassment“. United Press International, May 22, 2008
Kati Cornell “Bondage Boss Is A Bad Seed: Suit“. New York Post, May 22, 2008
Graham Rayman “Suit Against Sperm-Bank Firm Claims Sexual Harassment and Cult-Like Behavior“. Village Voice, May 20, 2008
Lars Bergwik “Landmark Education Lars Bergwik part 1“. YouTube, May 6, 2008
Jim McElhatton “Democratic PAC faces lawsuit for employee ‘religious events’“. The Washington Times, November 27, 2007
David Wachtel (attorney for plaintiff) “Kenneth Goldman v. Twenty-First Century Democrats“. United States District Court for the District of Columbia, November 19, 2007
Wage and Hour Division, U.S. Dept. Labor (Texas) “Compliance Action Report - Landmark Education“. United States Department of Labor, June 26, 2007
Marie Lemonnier “With the gurus wearing neckties: 395 euros for three days“. Le Nouvel Observateur, May 19, 2005
Wage and Hour Division, U.S. Dept. Labor (California) “Narrative Report (FLSA) - Landmark Education“. United States Department of Labor, December 8, 2004
Traci Hukill “The est of Friends: Werner Erhard’s protégés and siblings carry the torch for a ’90s incarnation of the ’70s ‘training’ that some of us just didn’t get“. Metro Silicon Valley, July 9, 1998
Wage and Hour Division, U.S. Dept. Labor (Colorado) “Compliance Action Report - Landmark Education“. United States Department of Labor, May 4, 1996
Margaret Singer “Intruding into the Workplace“. Cults in Our Midst, 1995
“‘New Age’ Training Suit Against Market Settled Out of Court“. The Wall Street Journal, May 31, 1989
George White (Los Angeles Times) “Employees strike back against ‘human potential seminars’“. Times Union, March 25, 1989
Martha Brannigan “Employers’ ‘New Age’ Training Programs Lead to Lawsuits Over Workers’ Rights“. The Wall Street Journal, January 9, 1989
Martha Brannigan “Training Course Sparks U.S. Suit By Market Workers“. The Wall Street Journal, December 8, 1988

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Australian Defence Department funds controversial development training

May 8, 2008
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Thursday, April 3, 2008

Australia’s Department of Defence spent thousands of dollars on controversial development seminars, Australian media reported Wednesday. The seminars are run by a San Francisco, California-based training company called Landmark Education. The company evolved from Erhard Seminars Training “est”, and has faced criticism regarding its techniques and its use of unpaid labor.

Australia’s Defence Minister Warren Snowdon said that the government is in the process of reviewing Defence Department expenditures on career development. “We’re in the process now of doing an audit, completely unrelated with anything to do with Landmark, which is being undertaken into learning and development to make sure that they meet our needs. … We have to be very sure that the courses that people do undertake are relevant, appropriate and indeed in line with what community expectations might be,” said Snowdon in an appearance on ABC Radio.

The Australian and Australia’s ABC News reported that Landmark Education had been listed in France as a “possible cult” in the mid 1990s. When asked about this on ABC Radio, a spokeswoman for the company in the United States, Deborah Beroset, responded: “What happened in France was that a commission established by the French parliament issued a report in which they listed almost 200 organisations as being possible cults … We were never contacted. We were inappropriately included in that list”.

In a program which aired Wednesday, the Australian Broadcasting Corporation radio program AM reported that Australia’s Defence Department spent at least AUD12,270 of taxpayer funds to send government employees to Landmark Education courses. According to AM, the Defence Department said it does not appear that further funds have been sent to Landmark Education since 2004.

In a statement released by the Defence Department, the government stated: “A search of Defence records does not indicate exactly how many individuals attended courses with this training provider, however it is believed it was a small number of individuals. … Defence has been unable to determine individual reasons for why groups within Defence choose this training provider.”

AM also reported that the use of unpaid labor by Landmark Education “has attracted the attention of the US and French governments,” and that some individuals in the mental health field have accused the company of brainwashing. When asked about the allegations by mental health experts that Landmark Education’s techniques amounted to brainwashing, Deborah Beroset responded: “Well, there is absolutely no credence to that whatsoever.”

In a March 9 article in the Herald Sun, Peter Rolfe reported that taxpayer money was used to send at least 37 police and government staff from Victoria, Australia to seminars run by Landmark Education. Police and Emergency Services Minister Bob Cameron said that “Decisions on the appropriateness of staff attending courses by Landmark Education are made by individual managers who remain best-placed to assess the development needs of their staff,” but State Liberal MP Murray Thompson told the Herald Sun that the funds should have been put towards fighting crime. Apple Inc., Reebok and Mercedes-Benz have sent employees to Landmark Education seminars, according to a spokeswoman for Landmark.

In October 2006, Landmark Education took legal action against Google, YouTube, the Internet Archive and a website owner in Queensland, Australia in attempts to remove criticism of its products from the Internet. The company sought a subpoena under the Digital Millennium Copyright Act in an attempt to discover the identity of an anonymous critic who uploaded a 2004 French documentary of the Landmark Forum to the Internet. “Voyage au pays des nouveaux gourous” (Voyage to the Land of the New Gurus) was produced by Pièces à Conviction, a French investigative journalism news program. The Electronic Frontier Foundation represented the anonymous critic and the Internet Archive, and Landmark withdrew its subpoena in November 2006 in exchange for a promise from the anonymous critic not to repost the video.