gender discrimination

Ex-Employee Files California Transgender Discrimination Lawsuit

June 30, 2023 | by Nassiri Law

A former employee for a prominent wine magazine has filed a California transgender discrimination lawsuit against the publication and its parent company, alleging harassment, failure to prevent discrimination, and retaliation.

According to the Napa Valley Register, the employee worked as an assistant tasting coordinator and writer for the magazine. She says at the time she was hired, she was upfront about the fact that she would be needing some reasonable accommodations to receive periodic gender-affirming medical care. This included surgeries and subsequent recovery times.

Upon undergoing a second surgery, a supervisor reportedly expressed concerns about the time off she was taking for medical care and recovery. This was also around the time that she reported to her employer that a colleague had violated the company’s policies for wine scoring and blind tasting. (A reviewer allegedly changed several wine scores after repeatedly opening wine bags to peek at the label.)

A supervisor reportedly made numerous comments to/about the plaintiff that were demeaning, obscene, offensive, and derogatory – pertaining to her transgender status.

After undergoing a third gender-affirming surgery, she had a difficult recovery, which included substantial psychiatric and psychological impacts. She was recommended for inpatient psychiatric treatment. During this time, she was placed on involuntary administrative leave, and fired about a week later. This also canceled her medical insurance coverage.

Her lawsuit alleges transgender discrimination, as well as retaliation for reporting the policy violation.

The magazine, communications company, and other defendants say the allegations are without merit. Continue Reading ›

Rampant Racism, Sexism in Fitness Industry Led to $11.25 Million Employment Law Verdict

June 1, 2023 | by Nassiri Law

A former professional body builder and personal trainer manager won her $11.25 million employment lawsuit after a jury agreed that she had been the target of rampant racism and sexism. While the case is out of New York City, NY, our Los Angeles employment lawyers recognize that such problems are pervasive throughout the fitness industry.

It’s no secret that the racial and gender diversity in many elite health clubs becomes slimmer the higher up the ladder you go. Although harmful stereotypes of the “Black athletic archetype” are deeply rooted in the U.S., it’s also given rise to the racist presumption that the only “acceptable” place for these displays is on a sports playing field. (Even then, we were well into the 20th Century before most sporting events were open to Black competitors.)

Private gyms started to gain popularity in the 1970s and 1980s – largely in the suburbs. But even if technically open to all people, those of color were underrepresented thanks to systemic redlining; they simply weren’t living in the areas where the gyms were opening. We started to see some expansion of diversity with the introduction of more ethnic fitness programs, such as Zumba, Yoga, Tae Bo, and Hip Hop dancing. But those programs still skew heavily white in many areas – both in terms of membership and employment.

“Can They Fire Me on Parental Leave?” L.A. Employment Lawyer Answers

February 23, 2023 | by Nassiri Law

As an L.A. employment lawyer, we’ve fielded a fair number of questions about the legality of lay-offs or termination of an employee who is on maternity leave or parental leave.

The answer isn’t always cut-and-dried, depending a fair bit on the specific circumstances of the case.

Of course, losing a job in general is never an easy prospect. But firing or laying off someone who is on parental leave is arguably all kinds of wrong from a moral perspective – especially because employees in this situation truly need both money and health care during this time. One might even consider it “emotional robbery.” Those first few days, weeks, and months bonding with a new baby are priceless. If the parent is suddenly overwhelmed with stress over finances and healthcare, they’re emotional and physical energy will be spent elsewhere – and that’s time they’ll never get back. It can also have serious health consequences, especially for employees who have just given birth.

All this makes it very risky for a company’s reputation and brand to engage in such practices. And yet, some still do. Whether that’s the basis for a successful California employment lawsuit will hinge on a few different factors.

Rights of Employees on Parental Leave

There are federal and state laws that protect the rights of employees on parental leave. California has some of the strongest state-level parental leave protections.

California (as well as a handful of other states) requires paid parental leave – up to 8 weeks of partial wage replacement to eligible workers. It can be used for new parents and/or within 1 year of a child’s birth or foster care placement or adoption. Pregnant mothers are also given up to 4 months of job-protected disability leave prior to parental leave once the child is born. The California Paid Family Leave law (available to workers at companies with 20+ employees) is not solely for new parents, but can also be used to care for a seriously ill close family member. Continue Reading ›

Addressing Intersectional Discrimination in California Employment Lawsuits

December 21, 2022 | by Nassiri Law

Discrimination against employees on the basis of race or gender is illegal under both California and federal law. And yet, the U.S. Equal Employment Opportunity Commission (EEOC) reports those are two of the top three most common types of employment discrimination claims filed. Racial discrimination on-the-job accounts for about 33 percent of all employment lawsuits, while gender discrimination accounts for 32 percent of claims.

As our Los Angeles employment attorneys can explain, where workplace discrimination exists, it’s fairly common for there to be more than one protected status on which it’s based. When different types of unfair treatment at work overlap each other, it’s referred to as intersectional discrimination. It’s common because discrimination is rarely about a single person, but rather an entire workplace culture that clings to the familiar and eschews any type of “otherness” – actual or perceived.

A recent example of intersectional discrimination at work was laid out in a federal employment lawsuit against a Los Angeles food company.

California Gender Discrimination Lawsuit Against Gamer Settled for $100 Million

August 7, 2022 | by Nassiri Law

A California gender discrimination lawsuit against a prominent gaming company has been approved for settlement at $100 million, to be split (after legal costs) among 1,000 employees (current and former) employed by the firm in 2018. The deal was approved by the court following allegations of widespread sexism and gender-based harassment. It follows a previous $10 million proposed settlement in 2019 that the California Department of Fair Employment & Housing rejected as inadequate. (The agency estimated the company could easily owe female employees upwards of $400 million for misconduct.)

Plaintiffs in the case described a “toxic” on-the-job culture at Riot Games, a $1.6 billion tech firm with rampant “bro culture,” rife with harassment, sexism, and discrimination. In August 2018, gaming news site Kotaku published an expose detailing how problematic the company culture had become.

Some of the anecdotes detailed:

Female employees were described as “too punchy,” “not gamer enough,” “too emotional,” “too aggressive,” “too ambitious” or having “too much ego” to be leaders at the company.
Supervisors would ask female employees if it was tough to work there while “being so cute.”
Supervisors would comment in public meetings about how the husbands and kids of female employees must really miss them while they were at work.
The idea of a female worker fell flat during a meeting. A male colleague, skeptical of her claim of sexism, agreed to present the same idea in the same manner to the same group at another meeting a few days later. The reception this time around was that this idea was “amazing.”
Women alleged they worked jobs above their title and pay grade, believing they were being groomed for a promotion, only to have a male employee suddenly brought in to replace them.
Constant, unsolicited exposure to images of male genitalia displayed by male supervisors.
A female worker was accidentally CC’d on an internal group e-mail in which a male co-worker indicated he’d like to sleep with her and then never call her again.

Understanding Equal Pay Rights in California

May 16, 2022 | by Nassiri Law

Equal pay rights in California are guaranteed under both state and federal laws that promise to protect employees from disparate wages paid on the basis of gender or race.

Recently, the U.S. Women’s National Soccer team reached a $22 million proposed settlement in a class action equal pay lawsuit against the U.S. Soccer Federation. The settlement stemmed from a longtime legal dispute filed eight years ago alleging federal equal pay violations by five higher-profile members of the women’s national team. Each said that as a member of the women’s team, they were paid thousands of dollars less than their male counterparts – at virtually every level of the competition. This was followed by a 2019 lawsuit filed by 28 players alleging female players were consistently paid less than their male counterparts – despite consistently showing up the men’s team on field performance. That claim was filed months after the U.S. men’s soccer team failed to qualify for the World Cup, while the women’s team won its second tournament in a row. Amid the chants in the crowd were demands for, “Equal pay!”

In 2020, a federal court dismissed the claim by the women’s team that they were paid less for the same work (among other parts of their claim), finding there were key differences in the contract structurers of the men’s team versus the women’s team. Other aspects of the women’s team claims pertaining to working conditions were settled out-of-court a few months ago. Several of the players then filed an appeal on the equal pay claims, arguing the judge failed to analyze the rates of pay or the fact that women needed to win more often than men to receive the same bonuses. The $22 million settlement is the result of that appeal.

Our Los Angeles equal pay attorneys recognize that the settlement amount was only one-third the amount players initially sought, but it still amounts to a significant victory. It also opens the door to discuss what types of California equal pay claims are valid, and what they can entail.

The California Fair Pay Act

Game Maker Aims to Narrow California’s Sex Discrimination Law by Excluding Temp Workers

March 20, 2022 | by Nassiri Law

A popular video game maker is attempting to narrow the definition of the California sex discrimination law as defined by state law to exclude temporary workers. So far, the effort isn’t going well, as a Los Angeles Superior Court judge provisionally denied the employer’s request. Still, that isn’t a final ruling, so it’s still possible the question could be revived – or ultimately appealed.

Activision, which makes games like Call of Duty, Crash Bandicoot, World of Warcraft, and Tony Hawk Pro Skater, has been the target of a tidal wave of gender discrimination claims. Our Los Angeles sexual harassment lawyers have been monitoring the legal developments, and this case in particular was filed by the California Department of Fair Employment and Housing on behalf of female workers.

The company alleges the state erroneously expanded the employment lawsuit recently when it filed an amended complaint that included not only current and former female employees, but temporary employees and contingent workers. Lawyers for the defense say they were never notified of the state’s investigation into these workers before litigation was filed. This, the attorneys say, was a violation of the company’s due process rights. Continue Reading ›

California Workplace Gender Discrimination Evident in Alleged “Bro Culture”

November 15, 2021 | by Nassiri Law

An electric automaker that recently became a publicly-traded company is now being sued for alleged workplace gender discrimination, with the plaintiff (a former sales and marketing VP) alleging the “bro culture” at the firm had become toxic.

According to TechCrunch.com, plaintiff, who had a long employment history with other prominent car manufacturers, joined the Rivian team in California late last year. She was fired, however, after reporting gender discrimination to the human resources department. Although the company has declined to comment on the discrimination allegations, plaintiff has not only filed her claim in court, but also made a statement with the American Arbitration Association and written a blog post on the company’s issues on Medium.

Among her claims:

She was regularly ignored by a superior when trying to point out problems.
She was routinely kept out of important meetings attended by male peers who were making key decisions.
Choices regarding her team were made without her input.

Two days after complaining to HR about these issues, she was fired.

Rivian’s transition to a publicly-traded company is one that has been highly anticipated, with an estimated $8.4 billion anticipated in the initial public offering. It’s estimated there will be 135 million shares sold at somewhere between $57 and $62 each. Underwriters can buy tens of millions more shares, potentially raising the value of the company by nearly $10 billion.

Sex, Age Discrimination Cited in Sizable, Lasting Job Losses Among Older Women Amid Pandemic

October 14, 2021 | by Nassiri Law

The pandemic had sweeping effects on California workers and the economy at large. Some companies saw increases in demand, but for many workers, the impacts were both adverse – and lasting. According to the new study released by the AARP, older women saw some of the worst effects, and they don’t appear to be subsiding. Fair employment advocates say age discrimination and sex discrimination play no little part in the phenomenon. Workers who believe they have been discriminated against on the basis of their age or gender should reach out to a long-time, trusted Los Angeles employment law firm.

Some of the primary takeaways from the AARP study,

About 40 percent of mid-career and older women workers experienced at least one job interruption during the pandemic.
Of those who are still unemployed, roughly 70 percent have been out-of-work for six months or more.
Among those who are still employed, most remain concerned about their financial future and potential unemployment.
More than 25 percent report their financial situations have worsened over the course of the pandemic.

One common thread for all employed women was the implication of caregiving. It was reported that 1 in 3 took care of a child or grandchild home during the pandemic for remote schooling. For many, that meant they could only work certain shifts or hours or reduced hours. Nearly half of employed women at some point during the pandemic were caring for either a child, grandchild, or adult family member or friend.

Then factor in that age discrimination in hiring has long been a stubborn problem in America’s workplaces for years. Older and mid-career women are often the most significantly impacted. The AARP’s survey of nearly 34,000 women workers found that almost a third who were job hunting believed age discrimination had been a hurdle in their efforts to secure a new position. Continue Reading ›

Strengthening California Employment Discrimination Protections, “Silenced No More Act” Becomes Law

October 8, 2021 | by Nassiri Law

Stronger protections against California workplace harassment and discrimination are on the way, with Gov. Gavin Newsome’s signing of the “Silenced No More Act,” or SB 331. The measure builds on the protections established in 2018 with the Stand Against Non-Disclosures (STAND) Act, targeting non-disclosure agreements in sexual harassment cases in the wake of the #MeToo movement.

As our Los Angeles employment lawyers can explain, SB 331 amends both the California Fair Employment and Housing Act (FEHA) and the California Code of Civil Procedures, Section 1001. It imposes major restrictions on both employment settlement agreements and severances. Continue Reading ›