sexual discrimination

Highest Profile Sexual Harassment and Gender Discrimination Battles of 2020

January 2, 2021 | by Nassiri Law

As we usher in a new year, many will remember 2020 as a year of significant challenges. In the arena of employment law, we recognize that America’s workplaces have long been plagued by discrimination and harassment. In the last 20 years, virtually all of the country’s biggest companies have paid to settle at least one claim of sexual harassment and/or discrimination. That’s according to Good Jobs First, and bear in mind: Those are only the cases that were publicly reported.

Federal and state laws prohibit sex-based harassment and discrimination. Despite this, companies in the U.S. still only pay women $0.082 on average for every dollar men are paid. Black women are paid even less. This wage gap has budged very little since 2000.

The U.S. EEOC in 2019 received more than 70,000 complaints of discrimination on the basis of sex, age, religion, race and disability. More than 7,500 complaints of sexual harassment were made during that time.

One positive thing about 2020 was that it gave further rise to the #MeToo and #BlackLivesMatter movements, empowering workers to increasingly turn to courts for employer accountability for violations of civil rights, discriminatory work practices and work environments. Some of those claims over last three years have involved huge companies paying multi-million dollar settlements in cases that made big headlines.

Here, we take a look back at the highest profile sexual harassment and gender discrimination cases of 2020.

Amazon. Amazon was hit with numerous employment lawsuits in 2020. In February, a former manager in charge of hiring sued after she says her boss asked her to comb applicants’ Facebook and Instagram accounts to glean information about their race and gender. When she complained, she says, she was fired. The company was also accused of harassment and retaliation after demoting and later denying promotion to a transgender man after he revealed his pregnancy.

Bloomberg LP. The media company was accused of allowing the longtime and widespread sexual harassment of ex-CBS host Charlie Rose. Eight women worked for or aspired to work for the host in the 90s, 2000s and 2010s. Rose’s show aired on both PBS and Bloomberg TV. Although some of the plaintiffs in the case against Bloomberg have already settled with CBS, they allege Bloomberg was complicit. Rose owned his own production company, but operated within Bloomberg headquarters. Many operations for Rose’s company (including payments and benefits) were managed by Bloomberg. The employees now suing Bloomberg say they were jointly employed both by Rose and Bloomberg, a point likely to be hotly contested.

Disney. A gender-based pay discrimination lawsuit filed in 2019 is still ongoing, and was joined by several other former employees last year. Ten executives in all allege rampant gender pay discrimination as of March 2020. The newest claim alleged that her $75,000 starting salary at the company was far less than a male colleague’s starting salary. She further alleged she was passed over on promotions, given smaller raises on average and dissuaded from discussing gender discrimination complaints with the CEO by a top female executive.

FOX News. Former host Ed Henry was accused of a violent sexual assault of a former producer. Another employee alleged Henry sexually harassed her, as did several other high-profile hosts. The network was reportedly made aware of these claims, but did nothing to intervene or stop them. Henry is no longer employed by the network. It was just a few years ago that the network settled with Gretchen Carlson for $20 million over claims of sexual harassment by the company’s former chairman, Roger Ailes.

Study: Workers who Report Sexual Harassment Likely Targets of Retaliation

November 8, 2020 | by Nassiri Law

A new comprehensive analysis conducted by the National Women’s Law Center and the Time’s Up Legal Defense Fund shines a light on several difficult truths about workplace sexual harassment. Key among those: More than 7 in 10 survivors of workplace sexual harassment (nearly three-quarters) suffer some type of retaliation. This aligns with EEOC sexual harassment claims data indicating 72 percent of employees reporting sexual harassment also report retaliation.

As our Los Angeles sexual harassment attorneys can explain, retaliation can include:

Denial of promotions.
Transfer to a less desirable location or assignment with more burdensome tasks.
Receiving harsher treatment from supervisors.
Wrongful termination.
Civil litigation for defamation.

Of those who reported sexual harassment and were retaliated against, more than one-third were terminated. One-fifth had their work or behavior heavily scrutinized or were given bad performance reviews.

The report, called “Coming Forward,” looked at more than 3,300 online requests for legal services nearly three years into the #MeToo movement. It reveals that even as awareness of sexual harassment at work has increased, many victims are still at a distinct disadvantage. Continue Reading ›

California Workplace Discrimination & Harassment 101 – What You Need to Know

December 11, 2019 | by Nassiri Law

As an employee in California, you have rights under both state and federal law that protect you from harassment and discrimination based on your belonging to a protected classification. For example, if you are a woman paid substantially less than male colleagues doing the same work, that’s a form of gender discrimination on the basis of sex – a protected class.

In fielding hundreds of inquiries over the years from California workers whose rights are being violated on-the-job, our Los Angeles employment attorneys want to ensure as many people as possible understand what exactly harassment, discrimination and retaliation is and how to best address it.

What is Workplace Discrimination?

Discrimination is adverse treatment by an employer against workers who fall into a protected class. California employers are prohibited from discriminating against employees on the basis of:

Race
Color
National origin
Religion
Gender (including pregnancy, childbirth and related medical conditions)
Disability
Age
Citizenship status
Genetic information
Marital status
Sexual orientation
Gender identity/expression
AIDS/HIV
Military/veteran status
Status as a victim of domestic violence, stalking or assault

This is much more extensive than the federal law, and some cities in California have their own rules that extend protections even further. Continue Reading ›

California Sexual Harassment Reports Higher Than Average

May 27, 2019 | by Nassiri Law

In California, the incidence rate of sexual harassment is approximately 5 percent higher for women and 10 percent higher for men compared to the national average. Those at increased risk include:

Immigrants
Gay
Lesbian
Transgender

That’s according to The University of California San Diego School of Medicine’s Center for Gender Equity and Health and a non-profit dedicated to prevention of sexual assault.

The fact that California led the country on the #MeToo and #TimesUp movements makes the report findings somewhat surprising, except when you consider that we’re talking about reported cases. We live in a state where awareness has been prioritized, and that means an increasing number of workers know their rights – and are committed to fighting for them. Continue Reading ›

Facebook Vows to Block Discriminatory Employment Advertisements

March 15, 2019 | by Nassiri Law

It is illegal – in California and across the U.S., per the EEOC – to discriminate against a job applicant based on their race, color, religion, gender (including gender identity, sexual orientation and pregnancy) national origin, age (over 40), disability or genetic information. Yet one of the most frequently-used forums to lure new hires has essentially been facilitating just that, according to critics and a few employment lawsuits filed by the National Fair Housing Alliance, the American Civil Liberties Union and the Communication Workers of America.

Social media giant Facebook has faced years of criticism that it allowed companies advertising job listings to use key categories allowing employers to cherry-pick who their ads would be shown to based on age group, gender and race. The New York Times now reports Facebook has agreed it will stop doing this.

It’s not just prospective employees that have been complaining either. Those advertising credit and housing have also been allowed to screen their ads so that they would only show to a certain subset of social media users. (Housing and credit are also regulated by federal anti-discrimination laws that bar selection of applicants on such bases.) Continue Reading ›

Sexual Harassment Accusations in NYPD Expose Bigger Problem

July 17, 2018 | by Nassiri Law

When one police officer had the courage to speak out against alleged acts of sexual harassment in her precinct, she claims she was the one who was investigated, according to a BuzzFeed News report. Her story is one that would almost be too wild to be true if we hadn’t witnessed this type of behavior in so many other institutions, businesses, and places of work. The officer said she was new to the New York Police Department when she started getting a lot of friendly attention from one of the higher ranking officers. Friendliness allegedly escalated to unwanted touching and then propositions. For five years, she claimed she endured the behavior, telling anyone in her chain of command she felt safe enough talking to, hoping for change that never came. She said she felt trapped, knowing how aggressively police officers reacted when outsiders are brought in to investigate one of their own. Eventually she cracked and sought help form the department’s Office of Equal Employment Opportunity, at which point she alleged a very creative form of retaliation began.

The officer said shortly after filing her complaint, she was under investigation for alleged alcohol abuse and ordered to complete a treatment program. She took this accusation to be a direct threat, considering she described her own alcohol use as minimal with only a few drinks a year and a clean record with no complaints. Fighting the accusations only seemed to get her in more trouble though, as she said she was suspended when she refused to complete the program and lost a month of pay. Meanwhile, the officer she accused of harassment was docked 10 vacation days for years of alleged abuse toward her. Continue Reading ›

Pregnancy Discrimination on the Rise in Workplaces

June 20, 2018 | by Nassiri Law

Right now, more mothers are joining the workforce than any time in history. In addition, there is a growing trend of friendlier office policies geared toward families in general and mothers in particular. Why then are there still an alarming amount of cases where pregnant women report enduring discrimination and unfair treatment? The Equal Employment Opportunity Commission has collected a gradually increasing number of pregnancy discrimination claims over the years, and officials say the number is approaching a record high.

The New York Times delved into the issue recently and discovered an unsettling pattern of discrimination that still flows beneath the surface, even at large and reputable companies. Big names on the list include Walmart, Whole Foods, AT&T, and 21st Century Fox, all of which, as the article pointed out, have grand statements about being champions of women in their communications.

Women in all kinds of careers have anecdotes to share. Our employment attorneys know labor jobs can often have more blatant discrimination. Examples include refusals to allow pregnant women accommodations they need to complete their work, no leniency for breaks, refusal to adjust demands due to physical limitations, and series of micro-aggressions, like not allowing them to have water on the work floor. Continue Reading ›

Sexual Harassment Bad for Business and Taxpayers

June 12, 2018 | by Nassiri Law

Not only is sexual harassment in the workplace illegal, but it also is costing a significant amount of money. The influx of reports of sexual misconduct has led journalists and investigators to dig into the scope of these behaviors. What they have found is a trail of monetary payoffs and cover-ups over the years that have kept accusers silent and cost states and businesses a sizeable amount of money. California, despite having many protections, may be one of the biggest offenders.

The News Journal in Delaware recently revealed sexual misconduct payoffs over the past decade cost the state $663,000, plus the costs of litigation. Cases were filed alleging sexual harassment, misconduct, and discrimination across a variety of departments. Totals in other states varied pretty widely. Florida tallied $11 million in settlements, but that was over a 30-year period. Investigations in New York revealed at least $5 million in payouts from 2008-2010. Continue Reading ›

Playing Field Becoming Less Level for Women Coaches

June 7, 2018 | by Nassiri Law

In what unfortunately is an unsurprising trend, the percentage of female coaches for NCAA sports teams is decreasing, even for women’s teams. According to a report from KCUR, women are actually losing ground over their male counterparts in coaching positions, despite more equal rights awareness and protections than ever.

To illustrate the trend, 20 percent of softball coaches were men in 1982 at the time of the first Women’s College World Series. The eight teams who played in the championships that year were all coached by women. Today, Division I softball programs have expanded greatly, and so has the percentage of men coaching those teams, up to 35 percent.

It’s not just softball that’s affected. In 1972 more than 90 percent of all collegiate teams were coached by women. Now it’s half, according to NCAA Champion Magazine. The KCUR report showed that of Division I volleyball teams, a championship title victor has never been coached by a woman, and in women’s basketball only four of the Sweet 16 teams last year were coached by women. This isn’t even to address the obvious lack of women coaching men’s teams. Women’s sports in general have increased in respect and popularity, making coaching opportunities more appealing to men, who previously were less interested in the roles. Continue Reading ›

Age Discrimination in the Workplace Hits Women the Hardest

May 14, 2018 | by Nassiri Law

As the #MeToo movement has proven, it’s tough being a woman in the workplace, particularly working in a male-dominated field. Even tougher, it seems, is the discrimination women face as they get older and try to maintain their standing in their professional careers. Many face a different set of standards as they age than their male counterparts, according to an examination by Forbes. Men’s age is often seen as a symbol of experience, status, wisdom, and leadership capabilities. Even if they lack the modern skills some younger people bring to the workforce, they are typically valued for the knowledge they can share with those inexperienced in the field. For women, though, their age can be construed as a sign that they are outdated, out-of-touch, and lacking technical abilities. Sadly, physical appearance is frequently a factor is these discriminatory practices, with men’s appearances being viewed more favorably as they age.

Ageism and sexism run deep in our society, so some might not even be aware they are mentally perceiving their employees differently. But hidden biases are not an excuse to give employees unequal treatment. The Age Discrimination in Employment Act of 1967, Sec. 623 clearly states it is unlawful to fail or refuse to hire someone because of their age, or to discriminate in any way including compensation or terms, conditions, and privileges of employment. The law also prohibits classifying or segregating an employee in such a way that deprives them of opportunities other employees enjoy as a result of his or her age. Reduction of wages due to a person’s age is also illegal. Of course consideration of a person’s sex was already prohibited in workplace hiring, firing, and promotion matters based on Title VII of the civil rights Act of 1964.