sexual discrimination

Three Cheers for Wrongful Termination and Discrimination Lawsuits Against NFL

May 6, 2018 | by Nassiri Law

Two cheerleaders have filed lawsuits against the National Football League for what they say was wrongful termination, discrimination and harassment. One cheerleader for the New Orleans Saints was dismissed after she posted a bathing suit photo of herself online, and another for the Miami Dolphins left after she was allegedly harassed for publicly discussing her choice to remain abstinent until marriage.

What do they most hope to get out of the lawsuits? Change.

In a surprise turn of events, their attorney recently offered to drop the lawsuits in exchange for a $1 settlement and a face-to-face talk with NFL Commissioner Roger Goodell, according to an article from The Nation. They want a good faith conversation about how to set clear guidelines going forward that are fair to all employees. The two plaintiffs have very different stories that they allege concluded with the same result: discrimination and loss of their dream jobs. Continue Reading ›

NJ Fights Sex Discrimination With Strong Equal Pay Law

April 28, 2018 | by Nassiri Law

Here in California, there are strong statutes protecting employees from pay-based discrimination. Our employment attorneys recognize, though, that much of the country fall short of these standards. Luckily for the people of New Jersey, those changes are coming sooner than later (and even giving California labor laws a run for their money) thanks to recent actions by the state’s new leader.

Gov. Phil Murphy has signed into law Bill AI/SI04, which sanctions employers for gender pay disparities between employees with the same responsibilities. This move was counter to those of previous Gov. Chris Christie, who vetoed a similar bill, according to a report from the Associated Press. Throughout his term, Christie vetoed pay equity bills three times.

Previously, the state’s Law Against Discrimination only allowed those seeking damages to collect back pay for two years. The new legislation raises that number to six years. As our employment attorneys can explain, this not only is a huge step to rectifying wage disparities for women, but also acts as a heavy deterrent for companies, ideally forcing them to evaluate their decisions on pay before they become an issue. The new legislation also establishes that employers must pay equally for “substantially similar work,” not just simply the same title, similar to the California Equal Pay Act. Continue Reading ›

Honoring Officers Who Stand Up Against Sexual Harassment and Discrimination

March 7, 2018 | by Nassiri Law

In a climate where claims of sexual harassment are continually coming to the surface and stories of police wrongdoing are constantly in the news, it is refreshing to see people honored who have fought to protect their rights and maintain their values.

The Asbury Park-Neptune Chapter of NAACP in New Jersey recently honored two female members of the local police officers who twice filed lawsuits as a result of sexual harassment and race discrimination they allege was taking place in their police department, according to App. Long before the New York Times‘ Harvey Weinsten expose or the popularity of #MeToo on social media, these two women were standing up when it would have been so much easier to buckle under the pressure.

Their story begins in 2013 when the two reported repeated sexual harassment and discrimination. One of the plaintiffs claim a lewd magnet was stuck to her car and in a separate instance a crass message was place on her car, a vehicle she used to visit the local high school. She also alleges that she was repeatedly not given the resources she needed to properly serve the high school, such as active shooter training and access to a tactical vehicle, both of which were given to a male resource officer for the school. Plaintiffs allege in the lawsuit instances of inappropriate conversations about pornography and personal sex lives, and crude gestures.

Sexual Orientation Protected by Title VII, Court Says

March 1, 2018 | by Nassiri Law

The intent of Title VII of the Civil Rights Act of 1964, to protect workers from employer discrimination, is alive and well as courts continue to use this more than 50-year-old statute to defend citizens who are unjustly targeted by their employer for their sex, national origin, race, color, or religion. And thanks to a skydiving instructor and a ruling by the 2nd U.S. Circuit Court of Appeals, sexual orientation is becoming more recognized as a status that falls under these protections.

Sexual orientation discrimination is a form of sex discrimination, the court recently determined in its 10-3 opinion, which mirrors a previous ruling by the 7th Circuit Court of Appeals last year, according to CNN. The opinion affirms the conclusion of the 7th Circuit as well as EEOC Decision No. 0120133080 that the employee’s sex is being taken into consideration in relation to the person they are attracted to. In other words, if a male employee was attracted to a man and a female employee is attracted to that same man, punishing the male employee would be discrimination based on his sex, all other considerations remaining the same. The ruling further outlines “associational discrimination,” as a form of sex discrimination because the “employer took his or her sex into account by treating him or her differently for associating with a person of the same sex.”

This flings opens the door for others in those circuits to file lawsuits for sexual orientation discrimination. The 2nd Circuit Court of Appeals covers Connecticut, New York and Vermont, while the 7th Circuit Court of Appeals includes areas of Indiana, Illinois, and Wisconsin. Continue Reading ›

Weinstein Co. Must Answer Sexual Harassment Accusations in Court

February 23, 2018 | by Nassiri Law

After allegations of misconduct against Harvey Weinstein revealed a culture of widespread sexual harassment and assault, the film producer is finally facing concrete ramifications. New York Attorney General’s Office recently filed a lawsuit in New York State Supreme Court, New York County against Weinstein Co., Harvey Weinstein, and Robert Weinstein to “remedy a years-long gender-based hostile work environment.”

The lawsuit (The People of the State of New York v. The Weinstein Company LLC, et al) comes after months of mostly symbolic punishments against the producer. He was fired from Weinstein Co. and resigned from the board in October (while continuing to profit off his 23 percent share in the company) and is said to have received sex addiction rehabilitation treatment since then.

N.Y. Attorney General Eric Schneiderman began building the case after New York Times broke the story last year detailing reports of harassment, assault, and rape allegedly taking place inside Weinstein Co. as well as payouts meant to silence accusers. In addition to claims made against Harvey Weinstein, the lawsuit targets senior managers, who stand accused of ignoring complaints and enabling continued abuse. The attorney general’s investigation included an in-depth examination of e-mails and company records, which allegedly reveal gender discrimination, hostile work environment, harassment, quid pro quo arrangements, and discrimination, according to a report from Variety. Continue Reading ›

Sexual Harassment Lawsuit Against Netflix Settled

October 25, 2017 | by Nassiri Law

Sexual harassment in the workplace is nothing new. However, laws have evolved over the last several decades to include many more protections and legal causes of actions for victims. Unfortunately, it still happens, and remains a very serious problem, as we’ve seen with several high-profile accusations made against famous power players like Bill Cosby, Harvey Weinstein and Bill O’Reilly. Even our own president has been accused of such conduct. But it’s not isolated to the seedier side of show business or within wealthy circles.

According to a recent news article from The Hollywood Reporter, Netflix has just settled a claim levied by an executive involving allegations of sexual harassment at the workplace. The employee who filed the lawsuit was formerly the director of human resources. According to his complaint, he said that during the months he worked at the company, he was regularly the target of sexual harassment and said the company has an unwritten policy of targeting such harassment and employment discrimination. Continue Reading ›

Female Restaurant Workers in LA Area Allege Sexual Harassment

March 6, 2016 | by Nassiri Law

A little more than a year ago, employees at San Diego P.F. Chang’s location won a roughly $1 million verdict in a sexual harassment lawsuit. According to a recent news feature from the Los Angeles Times, the same defendant is alleged to have engaged in additional incidents of sexual harassment at various other Southern California locations.

This first case that ended in 2014 involved two plaintiffs. Now, there are four women claiming they were repeatedly made to be victims of sexual harassment in Anaheim, Beverly Hills, Riverside, and Chino Hills. Their contracts required employees to use a binding arbitration process as opposed to filing a complaint in a civil court. There is also another alleged victim, but her case is somewhat different, because she was only 16 years of age at the time of the alleged harassment. Continue Reading ›

Protection Against Sexual Orientation Discrimination Extended in California

January 7, 2016 | by Nassiri Law

California laws provide protection from employment discrimination on the basis of sexual orientation. Sexual orientation is defined to include homosexuality, heterosexuality, and bisexuality. California law also prohibits discrimination on the basis of both gender and gender expression, which includes gender-related behaviors regardless of whether the behaviors are associate with the gender that someone has been assigned at birth.

While California laws prohibit employers from discrimination on the basis of sexual orientation, the federal government has not yet passed a law explicitly barring discrimination against people on the basis of homosexuality or sexual identity. Courts and administrative agencies, however, have continually expanded the protections available under federal law with the goal of ensuring that no one is deprived of opportunities on the basis of their LTBTQ status.

Pao California Gender Discrimination Lawsuit Against Venture Capital Firm Goes to Trial

February 23, 2015 | by Nassiri Law

A high-profile gender discrimination and retaliation lawsuit is underway in Silicon Valley, with one of the area’s oldest venture capital firms in the center of the storm.

In her complaint, Ellen Pao claims she was subjected to five years of retaliation after she refused sexual advances from several of the senior partners at Kleiner Perkins Caufield & Byers. As a former partner of the firm, she stated she and other female workers were discriminated against when it came to matters of pay and promotions. She also said she was pressured into having an affair with a senior executive, and after she ended it, the discrimination began – and continued for the better part of five years. She is seeking $16 million in compensation for back pay, future wage losses and other damages as a result of the alleged discriminatory conduct.

The case is being closely watched as it has underscored longstanding issues of sexual inequality in the field of technology. As a result, many technological firms have started releasing diversity data regarding their workforces, and have vowed to make improvements with regard to racial and gender balances.

Venture Capital Partner Files Discrimination and Retaliation Lawsuit

January 15, 2015 | by Nassiri Law

Discrimination and retaliation can impact lower-rung employees as well as high-paid executives. A recent case demonstrates that even employees at the upper end of the pay scale can suffer because of discrimination in the workplace.

According to Reuters, a former partner filed a discrimination and retaliation lawsuit against a Silicon Valley venture firm. The case is unique because the partner waited five years before filing her claim.

In June of 2007, the partner informed the firm she would resign due to job dissatisfaction. Court records indicate that the resignation came seven months after she ended an affair with another partner. According to the complaint, the plaintiff suffered from discrimination and retaliation from the partner after she called off the relationship. The venture firm has denied the allegations of discrimination and retaliation and challenges the assertion that it did not take proper steps to prevent or put an end to the misconduct.