Gender Pay Discrimination Claims Result in HP and Hewlett Packard Enterprise Paying $1.5M

HP and Hewlett Packard Enterprise are well-known Bay Area tech giants. Together the companies will pay $1.45 million due to “systemic pay discrimination” allegations negatively affecting their female workforce.

The $1.5M Payment from HP & Hewlett Packard:

The $1.5 million is intended to cover back pay for close to 400 female employees of the two tech giants. The affected employees work for operations in California and three other states. The amount paid to the affected employees will also include interest.  

The Terms of the Settlement Resolving Gender Pay Discrimination Claims:

Under the terms of the settlement, HP and Hewlett Packard agreed to investigate compensation policies and actively seek ways to make sure the companies’ employment policies and practices (including record-keeping processes, and internal auditing of company records) comply with employment law. The tech giants are cooperating with the terms of the agreement, which should be good news for their female employees and future female employees.

Tech Giant Denies Gender Pay Discrimination Claims:

Hewlett Packard denied the discrimination allegations, but settled in order to put the entire matter in the past. The company insists that, as a company, they are dedicated to unconditionally including all employees (including pay equity issues) and do not discriminate on any basis, including gender, race, or sexual orientation. Since the tech giant firmly believes their current policies and business practices are strong and effectively provide equal pay for equal work, they believe the charges made in the case are without merit. However, they decided that it was in the best interests of the company and everyone involved to resolve the issue quickly by voluntarily settling with the plaintiffs.

Allegations of Pay Discrimination:

While the company repeatedly claimed that they do  not tolerate discrimination of any kind at their company, or in their business or employment policies or practices, the Labor Department found compensation disparities during routine employment law compliance checks. These disparities seemed to clearly indicate a disparity in compensation between Hewlett Packard’s male and female workers performing similar job duties in similar positions at the company.

If you need to discuss how to file a California gender pay discrimination lawsuit or if you have questions about identifying California Labor Law violations, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Uber Facing San Francisco Discrimination Class Action Suit

A recent class action lawsuit filed in San Francisco claims Uber ratings posted by racially biased customers resulted in wrongful terminations.

Former Uber Drivers File Class Action Lawsuit in San Francisco Court:

A group of former Uber ride-share drivers filed a class action lawsuit in San Francisco, California court including allegations that the company uses an evaluation system that is heavily influenced by racial and ethnic biases of riders/customers. According to the lawsuit, riders decide to cancel scheduled rides or provide lower ratings/scores based on the race or ethnicity of their driver.

The Uber Rating/Scoring System:

Since a lower score or rating affects a drivers employment and can, in fact, be a significant factor in the driver’s termination from their job, drivers can allegedly be fired because of their race or ethnicity. Plaintiffs claim that Uber has done nothing to correct this glaring issue tying lower scores and more firings due to rider race biases. In response, the plaintiffs turned to the court with a class action lawsuit claiming that firing a worker based on customer or rider ratings is illegal discrimination.

The Plaintiffs in the Case:

Thomas Liu of San Diego is the lead plaintiff in the case. Liu was deactivated as an Uber driver after his score fell below 4.6 (Uber’s minimum rating or standard). Liu is an Asian-American and claims that he experienced hostile behavior from riders due to his accent. Liu claims those hostile passengers gave him low ratings that affected his overall score and eventually endangered his job due to Uber’s standard rating requirements.

Racial Bias a Factor in Uber Transactions Like Tipping:

Many Uber drivers and the massive ride-share company itself, have made note of the racial bias that plays a part in certain aspects of the Uber transaction. One obvious aspect of the overall experience that can be affected is tipping. Overall ratings can also be affected, but they can also be challenged. This is especially true when user comments are being considered.

The class action lawsuit is expected to be heard soon in court.

If you need help with a workplace discrimination claim or other California Labor Code violation, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP today. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Mitsubishi Electric US Facing Claims of Racial Harassment & Discrimination

Four Black construction workers in Mitsubishi Electric US’s escalator and elevator division filed a lawsuit in California Superior Court alleging harassment and discrimination. 

Black Workers Allege Mitsubishi Electric US Supervisors Harassed and Discriminated

The four Mitsubishi Electric US workers filed suit in California Superior Court alleging that the company allowed their supervisors to harass them, use racial slurs and images, and discriminate against them by passing them over for training opportunities, pay raises, chances for overtime, and career advancement. 

Complaints of Race-Based Harassment and Discrimination Allegedly Ignored: 

The four plaintiffs in the case claim that in addition to the race-based harassment and discrimnation they were subjected to constantly on San Francisco Bay Area job sites, their complaints about the inappropriate behavior were ignored. Plaintiffs claim they complained directly to Mitsubishi’s Human Resources department with the original complaint dating back to 2016. Plaintiffs claim their complaints were ignored for years. When some of the offending employees were eventually disciplined, the plaintiffs claim Mitsubishi did nothing to prevent similar behavior in the future, and this inaction fed the hostile workplace environment. 

Plaintiffs Seek Monetary Damages and Court Order to Change Mitsubishi Policies: 

The plaintiffs in the case seek monetary damages, but they also seek changes to Mitsubishi policy. They’d like a court order for Mitsubishi to provide better training for their employees regarding common problems and issues like race discrimination, harasssment and retaliation. The plaintiffs would also like the court to order Mitsubishi to conduct more thorough investigations into similar incidents in the future and to take more effective action to address racist acts in the workplace and graffiti on job sites. 

The Lawsuit Includes Evidence of Extended Harassment: 

The lawsuit’s written allegations are supported by papers and images and evidence supporting the claims such as: photos of racist images, objects and graffiti allegedly taken at various Mitsubishi job sites. Some of the allegations made in the lawsuit include: 

• Supervisors calling plaintiffs “undesirables,” “lazy,” and the N-word. 

• Supervisors joking about lynching. 

• Visual images including “KKK,” swastikas, black monkeys, the N-word, Satanic stars, etc. at job sites. 

• A noose was left on a barricade next to one of the plaintiff’s assigned job areas (photo included in the lawsuit documentation). 

• Supervisors assigning the plaintiffs to menial job tasks, and assigning them as “helpers” to less experienced White workers despite experience or skill level. 

• One of the plaintiffs had a stroke (allegedly due to stress caused by the hostile work environment). He was allegedly fired while recuperating at home).

If you need to talk about employment law violations, or if you need to file a California discrimination or wrongful termination lawsuit, we can help. Get in contact with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

UC San Diego Discrimination and Wrongful Termination Lawsuit Reaches a Settlement

A former UC San Diego Vice Chancellor filed a discrimination lawsuit in 2019. UC San Diego recently resolved the lawsuit by agreeing to a settlement. 

Former High-Ranking UC San Diego Employee Reaches a Settlement: 

Jean Ford was the Assoc. Vice Chancellor for UC San Diego Health Sciences Advancement. Ford filed a discrimination lawsuit in 2019 suing the UC Regents and Chancellor Pradeep Khosla. Ford alleges age discrimination, gender discrimination, and wrongful termination. 

The Plaintiff’s History on the Job: 

Before working for UC San Diego, Ford was with Columbia University Medical Center for a decade. She moved to San Diego to take her place at UC San Diego in 2015. In the lawsuit, Ford alleges that she experienced both discrimination and harassment from Chancellor Kholsa because she was female and over 40. When Ford complained about illegal conduct, she claimed she was retaliated against. In her complaint, Ford claimed that Kholsa promoted a younger, less experienced man as Ford’s new supervisor. In the course of her career, Ford has been a successful fundraiser for 25 years. UCSD recruited her and after recruiting her, they had their most successful year of fundraising - hitting almost $150 million under Ms. Ford’s guidance of fundraising efforts. 

The UC San Diego Discrimination and Wrongful Termination Lawsuit Settlement: 

The UC Regents approved the settlement agreement recently, but the terms of the settlement agreement were not made public. The plaintiff’s counsel indicated that all parties involved have amicably resolved the claims contained in the suit, and that none of the parties involved admits any wrongdoing. Unprecedented operational challenges due to the global Covid-19 pandemic and mandated court closures causing litigation delays were cited as reasons for the expedited resolution. 

If you need to discuss workplace discrimination or if you need to file a wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Former Pinterest COO Files Gender Discrimination and Wrongful Termination Lawsuit

Francoise Brougher was Pinterest’s former COO, one of the highest-ranking executives in the company. Brougher recently filed suit claiming the company violated California labor law. 

Did Pinterest Violate California Labor Law?

When Pinterest’s former COO spoke up about gender discrimination at the company, she claims she faced workplace retaliation followed by wrongful termination.

Brougher’s History at the Company:

Brougher started work as Pinterest’s Chief Operating Officer in March 2018. After serving in a number of business leadership roles at respected companies like Google, Square, and Charles Schwab, she joined the company. When Brougher took the job as Pinterest COO, she was the highest-ranking female employee at the company. After some time at the company, she couldn’t ignore that she repeatedly encountered what she describes as “archetypal” gender discrimination by male co-workers.

Archetypal Gender Discrimination at Pinterest:

In one example of archetypal gender discrimination described in Brougher’s lawsuit, her boss advised her to “be mindful” of how she behaved in a group setting - specifically discouraging Brougher from “communicating directly.” Pinterest is a social media platform whose user base is predominantly female – 70% of Pinterest users are women, but three men run the company. Even as the highest-ranking woman in the company, Brougher was allegedly expected to comply and conform to typical gender stereotypes. After refusing to comply with discriminatory stereotypical expectations, Brougher was marginalized and excluded from important meetings and essential company decisions. When she eventually complained of degrading, sexist treatment, she was terminated. Brougher was advised that she was fired during an April 2020 video call. 

Responding to Complaints of Harassment in the Workplace:

Employment law protects California workers from discriminatory treatment and harassment in the workplace. However, when Brougher complained about the sexist, demeaning treatment, the company allegedly did not take the complaint seriously. She claims that instead of investigating the complaint properly and addressing gender discrimination and hostile workplace concerns, Pinterest fired Brougher to protect the male co-workers who were engaging in hostile behavior. Additionally, Brougher claims Pinterest attempted to cover up the complaints by claiming her firing was a voluntary departure. Brougher also claims she was paid less than her male counterparts, who also enjoyed more favorable vesting schedules.

If you need to discuss workplace retaliation or if you need to file a California wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago. 

California Files Serious Employment Law Allegations Against Disney

A former African-American Disney employee filed a lawsuit in June 2020 against Disney. The 57-year old California man claims discrimination and harassment, workplace retaliation, and wrongful termination. 

Disney Faces Serious California Employment Law Allegations: 

Douglas Keith Harris, a former California Disney employee, filed a lawsuit against the happiest place on earth. Harris claims he experienced discrimination, harassment, and retaliation due to his veteran status, his age (57 years old), disability, and race (African-American). Harris also claims wrongful termination. Disney allegedly terminated Harris' 32-year career abruptly after one unfounded accusation from a co-worker.  

Plaintiff in California Employment Law Case Seeks Unspecified Amount: 

Harris filed an employment law suit seeking an unspecified amount of compensatory and punitive damages against his former employer out of Los Angeles, California, Disney. According to the lawsuit, Harris's long term career at the company was ended abruptly when Disney fired him after one of his coworkers made a false accusation. 

Can One False Accusation Lead to a Longterm Employee's Termination? 

One of Harris' coworkers at Disney accused him of brandishing a gun at work. Harris, who insists the accusations are false, also claims there was no evidence he actually had a gun at work. Harris' complaint was filed in Los Angeles Superior Court. 

A History of Harassment on the Job: Hostile Work Environment 

In Harris' complaint, he describes what many might call a hostile work environment leading up to the eventual allegedly false accusation and termination. Harris claims his younger superiors on the job frequently: 

• Ridiculed him for being deaf in one ear

• Encouraged him to retire in a derisive manner that dismissed him due to his age

• Abused their power over him at work

• Abruptly changed his schedule to the graveyard shift post-surgery

Employee's Complaints About Harassment and Discrimination Silenced:  

Harris' complaints about the harassment and discrimination were abruptly silenced when his coworker accused him of bringing a gun to work to show a coworker. When he coworker made the allegedly false accusation, Disney did not approach Harris, but notified the local authorities immediately who conducted a thorough search of Harris' car and on-site belongings. No weapons were found. Following Harris' insistence that he did not bring a gun to work, Disney suspended him. Harris claims Disney treated him, a longterm, dedicated employee, like a criminal and that due to their treatment he suffered extreme emotional distress. After one week of suspension, Disney fired him. 

If you have questions about workplace discrimination or if you need to file a wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago. 

ACLU of Southern California Faces Wrongful Termination and Discrimination Lawsuit

A black former attorney of the ACLU of Southern California, Sarah O. Clifton, recently filed suit against the ACLU of Southern California. Clifton alleges wrongful termination and discrimination.

Alleged Discrimination at ACLU of Southern California:

Clifton is suing ACLU of Southern California for allegedly racist actions and wrongful termination. The organization fired Clifton in February 2020 after she spoke out against discriminatory treatment. Clifton claims the organization labeled her an "angry woman" and she feels the lawsuit is of particular concern in the current climate in light of the recent murder of George Floyd and the resurgence of the Black Lives Matter movement. The ACLU is aware of the lawsuit, but isn't offering comment, since they don't comment on personnel issues.

The Allegations and the Damages:

Clifton filed suit seeking unspecified damages. The allegations include wrongful termination, workplace retaliation, harassment and discrimination, hostile work environment, and failure to prevent harassment. With her lawsuit, she wants to bring the persistent illegal practices taking place throughout the employment sector into the light. She feels there is a particular issue at nonprofit organizations.

An Alleged Hostile Workplace Environment:

Clifton claims that the emergency lawsuit filed by the ACLUE in "support" of the Black Lives Matter movement in Los Angeles on June 3rd was actually a convenient way to insert the ACLU into the public spotlight surrounding the issue. She insists their "help" was nothing but a quest for self-interested gain. Clifton alleges that while the ACLU Executive Director criticizes city officials for taking meaningful action to stop racist activities and policies, he does not hold his organization to those same standards because he allegedly allows obviously racist policies and procedures to proceed unhindered.

The Plaintiff: Sarah O. Clifton

Sarah O. Clifton was hired as a staff attorney by the ACLU of Southern California in September 2018. She was hired to work under supervising attorney Jessica Farris, organizations director or criminal justice and drug policy. Clifton claims that Farris exhibited a near immediate, and obvious irrational fear of Clifton. Clifton claims she attempted to downplay the situation by being overly polite and "less black." However, sometimes Clifton did speak out in the workplace. When she did speak about racial inequality in the workplace, her managers (who Clifton described as overwhelmingly white or "white-presenting") misconstrued her comments, perceiving them as angry and aggressive.

If you need to discuss how to file a discrimination lawsuit or wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.