Category: employment law

Posted on

Toxic Workplaces Created by Racial Harassment

Haitian welder experienced extreme racial harassment at work.

Fednol Pierre’s Ordeal at Waste Pro: A Call for Change Against Racial Harassment

Racial harassment in the workplace is not just dehumanizing—it is illegal. Fednol Pierre’s experiences at Waste Pro serve as a heartbreaking reminder of how prejudice can transform a job into a daily battle for dignity and respect. His story underscores the urgent need to confront racism, hold employers accountable, and demand better workplaces for everyone.

A Devastating Pattern of Harassment

When Fednol Pierre started working at Waste Pro, he quickly found himself the target of racial harassment that went far beyond isolated incidents. On his first day, a co-worker dismissed him with hostility, saying, “There is no need for you here,” followed by a racial slur. This was just the beginning of a pattern of abuse that would escalate over the days and weeks.

Colleagues bombarded Pierre with offensive remarks, including statements such as:

  • “Go back to Haiti, (n-word);”
  • “Y’all don’t belong here;”
  • “Go back on the banana boat;”
  • “This is Trump country.”

These heinous and openly hostile comments were not whispered—it all happened in the presence of other employees, making the atmosphere suffocating and reinforcing a toxic workplace culture.

The harassment became even more deliberate when Pierre and another Black employee discovered a stuffed monkey holding an American flag deliberately placed in his work area. This cruel and degrading act, described in a lawsuit as placing a “gorilla” in his space, was a clear attempt to humiliate him further.

When Pierre tried to address the abuse, retaliation followed. Co-workers began to isolate him by refusing to communicate about auto-repairs. They deliberately assigned him the hardest welding tasks during the night shifts. To make matters worse, they locked essential welding tools in personal lockers, deliberately hampering his ability to complete his duties.

A Violation of Federal Protections

Actions like those endured by Pierre are not just morally repugnant — they are blatant violations of Title VII of the Civil Rights Act of 1964. This federal employment law explicitly prohibits employers from discriminating against employees based on their race and forbids harassment, including creating a hostile work environment and retaliating against individuals who report such behavior.

By allowing such harassment to occur—unchecked—and by retaliating against Pierre for seeking accountability, Waste Pro likely failed to meet even the most basic legal obligations of workplace equity and fairness.

The Emotional Toll of Discrimination

The psychological effects of discrimination and harassment are profound and far-reaching. For Pierre, enduring these attacks day after day likely meant confronting trauma that impacts not only his ability to thrive professionally but also his overall mental well-being.

It’s hard to quantify the exhaustion that comes from working in a space where you are devalued, demeaned, and deliberately targeted. Victims like Pierre often experience anxiety, depression, and an enduring sense of isolation. How can anyone focus on doing their best work when they’re constantly bracing for the next insult or act of sabotage?

Beyond individuals, the emotional toll of harassment has ripple effects. Toxic workplaces are breeding grounds for disengagement, reduced morale, and high turnover. They harm not only victims but entire organizations, stunting growth, fostering distrust, and eroding productivity.

The Cost to Society and Culture

Workplace harassment like this doesn’t just erode individual dignity; it undermines societal progress. When toxic behaviors are tolerated or ignored, they perpetuate patterns of inequality while discouraging talented individuals from contributing fully to the workforce.

Every incident that goes unaddressed normalizes discriminatory behavior and creates additional layers of silence. When victims learn not to speak up out of fear of retaliation—or when perpetrators face no consequences—workplace harassment becomes embedded, perpetuating harm for future generations.

Why Reporting Discrimination is Crucial

Creating meaningful change begins with exposing injustices. Reporting harassment and holding employers accountable are essential steps in dismantling toxic cultures. Individuals, however, should not have to carry the burden of change alone. It requires collective action from employers, colleagues, and advocates.

Employers must take proactive steps to foster safe workplaces, respond rapidly to complaints, and actively combat racism and intolerance. Colleagues need to be active allies, calling out harmful behavior and supporting those who speak up. Society as a whole must demand transparency and consequences for organizations that fail to meet their legal and ethical responsibilities.

Steps You Can Take to Create Safer Workplaces

If you or someone you know has experienced racial harassment, here are practical steps to support victims and advocate for justice:

  1. Document Everything: Victims should keep a detailed record of every incident, noting dates, times, locations, and any witnesses. This evidence is invaluable in pursuing legal action.
  2. Report Harassment Promptly: Notify supervisors, human resources, or use the company hotline systems to report instances of discrimination. If those channels fail, external organizations like the EEOC provide additional avenues for assistance.
  3. Seek Legal Counsel: Victims of harassment and retaliation should consult experienced employment attorneys to understand their legal rights and options for pursuing justice.
  4. Educate Yourself and Others: Encourage anti-discrimination training in workplaces and spread awareness about the signs of workplace bias and harassment.
  5. Be an Ally: Stand up against injustice when you witness it. Support coworkers who come forward by listening, believing, and amplifying their voices.
  6. Advocate for Stronger Policies: Push for diversity initiatives, zero-tolerance harassment policies, and clear repercussions for offenders.

The Fight for Fairness Continues

The racial harassment that Fednol Pierre endured at Waste Pro is a sobering reflection of the systemic issues that still plague workplaces across our nation. But stories like his are also calls to action. By shining a light on these injustices, insisting on accountability, and standing in solidarity with those who demand change, we can build a better future.

This fight is not just about protecting individual victims of harassment. It’s about ensuring workplaces everywhere are safe, equitable, and empowering spaces—where everyone, regardless of race, ethnicity, or background, can thrive.

Now is the time for action. Together, we can stop harassment and discrimination once and for all.

Posted on

Miami Gardens Police Officers File Lawsuit Alleging Racial Harassment

Employment Law, race discrimination, harassment on police force.

Miami Gardens Police Officers File Whistleblower Lawsuit Over Racial Discrimination

In a significant legal move, five Hispanic police officers from Miami Gardens have filed a whistleblower lawsuit, alleging systemic racial discrimination and harassment within their department. The officers—Juan Gonzalez, Christian Vega, Francisco Mejido, Rudy Hernandez, and Sgt. Pedro Valdes—claimed they faced retaliation, demotions, and unjust treatment after raising concerns about workplace practices. Their lawsuit not only highlights the challenges of addressing discrimination in law enforcement but also underscores the importance of legal protections for employees facing similar issues.

Allegations of Harassment and Retaliation

The officers’ experiences paint a troubling picture of workplace hostility. Sgt. Pedro Valdes, a 17-year veteran, was relieved of duty for six months without explanation, forced to stay home for 10 hours a day. Officer Francisco Mejido, a K-9 unit veteran, was removed from his position and had his canine partner reassigned after a minor body camera infraction—despite his replacement committing the same violation. Officer Juan Gonzalez described being reprimanded for speaking to other Hispanic officers at a crime scene and being followed by a supervisor in a threatening manner.

These incidents, the officers allege, are part of a broader pattern of discrimination under Police Chief Delma Noel-Pratt, the department’s first Black female chief. They claim that experienced Hispanic and white officers have been systematically replaced with younger Black officers, and that complaints to internal affairs and city officials have been ignored.

Legal Protections Against Discrimination

The officers have filed complaints with the Florida Commission on Human Relations and the U.S. Equal Employment Opportunity Commission (EEOC). Under federal law, the EEOC investigates claims of workplace discrimination and can issue a “right to sue” notice if the claims are substantiated. The officers’ lawsuit also invokes whistleblower protections, which shield employees from retaliation when they report misconduct or illegal activities.

Key legislation relevant to this case includes Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Florida’s Whistleblower Act further protects employees who disclose violations of laws or regulations.

California Laws Protecting Employees from Harassment and Discrimination

For readers in California, it’s important to note that the state has some of the strongest anti-discrimination and anti-harassment laws in the country. The California Fair Employment and Housing Act (FEHA) prohibits workplace discrimination, harassment, and retaliation based on race, color, national origin, ancestry, and other protected characteristics. FEHA applies to employers with five or more employees and offers broader protections than federal laws.

California also has robust whistleblower protections under Labor Code Section 1102.5, which safeguards employees who report violations of state or federal laws, rules, or regulations. Additionally, the California Whistleblower Protection Act protects public employees from retaliation for reporting improper governmental activities.

Under FEHA, employees who experience harassment or discrimination can file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). The CRD investigates claims and can issue a “right to sue” notice, allowing employees to pursue legal action.

Implications of the Whistleblower Complaint

This lawsuit is categorized as a whistleblower complaint because the officers allege retaliation for reporting racially discriminatory practices. Such cases often have far-reaching implications, not only for the individuals involved but also for the organizations they accuse. For the Miami Gardens Police Department, the lawsuit could lead to increased scrutiny, potential policy changes, and a reevaluation of leadership practices.

For the officers, the lawsuit represents a fight for justice and accountability. “To play with our emotions and mental state for no reason—it’s not right,” said Sgt. Valdes. Their attorney, Michael Pizzi, emphasized the emotional toll of the alleged harassment, noting that some officers experienced severe mental stress and even PTSD.

The Importance of Legal Counsel

For anyone facing similar challenges, seeking advice from an experienced discrimination attorney is crucial. Legal experts can help navigate the complexities of filing complaints, gathering evidence, and pursuing justice. As this case demonstrates, having skilled representation can make a significant difference in holding organizations accountable and protecting employees’ rights.

The Miami Gardens lawsuit serves as a stark reminder of the ongoing challenges of addressing workplace discrimination. It also highlights the critical role of legal protections and advocacy in ensuring fair treatment for all employees. Whether in Florida, California, or elsewhere, understanding your rights and seeking legal counsel can be the first step toward justice.

Posted on

Work-From-Home Requests and ADA Compliance: Employee Guide

Telework accommodations under Americans with Disabilities Act.

ADA Compliance and Telework Requests: What Employees Need to Know

The move toward remote work has redefined expectations in the workplace, but it has also raised important legal questions for employees—especially those living with disabilities. Understanding your rights when it comes to requesting telework under the Americans with Disabilities Act (ADA) is essential. A recent disability discrimination lawsuit $22.1 million verdict in Billesdon v. Wells Fargo Securities, Inc. highlights just how significant ADA protections can be for workers. This guide will explain your rights, outline the steps to take if you need a telework accommodation, and offer resources to help you advocate for a fair and accessible workplace.

Your Rights Under the ADA

The Americans with Disabilities Act (ADA) protects employees who have disabilities and work for employers with 15 or more staff. As an employee, you are entitled to “reasonable accommodations”—changes in your work environment or schedule that help you perform essential job functions or access workplace benefits.

Reasonable accommodations may include flexible scheduling, assistive technology, or—more commonly than ever—permission to work remotely. Employers are required to provide these as long as doing so doesn’t cause them significant hardship.

Telework as a Reasonable Accommodation

Remote work is now a recognized accommodation under the ADA. For many with disabilities, it means better access, flexibility, and a fair chance to contribute. However, not every role can be done from home. Your employer is obligated to treat telework requests seriously and make individualized decisions:

  • Equal Access, Not Guarantees: While employers don’t have to offer telework to everyone, if remote work is an option in your workplace, you have the right to request it as an accommodation.
  • Case-by-Case Decisions: Your job duties will be examined to see if remote work is possible. For example, computer-based positions may be suitable, while jobs needing your physical presence, such as in-person services or hands-on work, may not.
  • Legal Example: The Wells Fargo case serves as a powerful warning. In that instance, failing to even consider a legitimate telework request resulted in a multi-million-dollar judgment.

The Interactive Process: What to Expect

When you request a workplace accommodation, federal law requires your employer to start what’s called an interactive process—a back-and-forth discussion designed to find a workable solution. Here’s what you should know:

  1. Making the Request
    You don’t need legal jargon. Simply let your manager or HR know that a health condition affects your work and ask for changes—such as telework—that might help.
  2. Collaborating on Solutions
    You’ll discuss which parts of your job are essential and whether they can be performed remotely. If remote work isn’t possible, your employer must explore other solutions, like ergonomic equipment or adjusting your schedule.
  3. Assessing Feasibility
    Your employer must look at whether allowing you to work from home will cause significant problems for the business, such as:

    • Can you be effectively supervised while remote?
    • Will you have the equipment needed?
    • Is in-person collaboration essential to your tasks?

All of these questions should be part of an open, documented conversation aimed at finding the best solution.

Questions That May Come Up

During the process, you may be asked questions including:

  • Does your job require equipment or resources that are only available in the office?
  • How often is in-person teamwork required?
  • Can your work quality and output stay the same while remote?

Documented, thoughtful answers help protect your rights if a disagreement occurs.

What Recent Court Rulings Mean for You

The Billesdon v. Wells Fargo Securities, Inc. decision is a clear signal to both employees and employers: denying or ignoring a reasonable accommodation request can have serious consequences. In that case, failure to properly discuss and consider a telework arrangement led to a $22 million verdict. For employees, this means you have powerful legal backing when your requests are handled improperly.

Best Practices When Requesting Accommodations

To improve your chances of a successful accommodation process, consider the following steps:

  1. Begin the Conversation Early

As soon as you realize you may need telework or another accommodation, reach out to HR or your supervisor with a clear, honest explanation.

  1. Keep Records

Document your requests and all related conversations. This paperwork can support your case if you face pushback or delays.

  1. Be Specific About Your Needs

Clearly explain how telework or another adjustment will help you with your job duties.

  1. Ask About Alternatives

If your first choice isn’t possible, work with your employer on other options that might suit your needs.

  1. Stay Engaged

Circumstances change—review any accommodations regularly to make sure they are still effective and appropriate.

Resources and Support for Employees

Navigating ADA accommodations can be complicated. You have access to several resources for guidance:

  • Equal Employment Opportunity Commission (EEOC) offers clear explanations of employee rights under the ADA. For direct help, call (202) 921-2539 or visit eeoc.gov.
  • Job Accommodation Network (JAN) gives confidential, free advice on seeking workplace accommodations. Contact 1-800-526-7234 or visit askjan.org.
  • Helmer Friedman LLP an employment lawyer focused on ADA issues can help you understand your legal standing and options to help resolve barriers. Contact 1-310-396-7714 or visit www.HelmerFriedman.com.

Building a Fair and Inclusive Workplace

Standing up for your rights under the ADA does more than protect your job—it helps create a culture of inclusion for everyone. When employees and employers work together to address accommodation requests, the results can include:

  • Improved morale and retention,
  • A safer, more accessible workplace,
  • Fewer conflicts and costly legal battles,
  • And a stronger commitment to fairness and respect.

Knowledge is power. Understanding your rights—and acting on them—can drive meaningful change in your workplace.

Posted on

Walmart Pays Over $400k to settle Sexual harassment, Retaliation Lawsuit

The law ensures a workplace free from sexual harassment -Helmer Friedman LLP.

In a distressing yet all too familiar case, Walmart has once again found itself under the spotlight for failing to adequately protect its employees from sexual harassment and retaliation. This time, the retail giant has agreed to pay $415,112 to settle a lawsuit involving severe sexual harassment and retaliation at its Lewisburg, West Virginia store. The case highlights a recurring issue within Walmart’s vast network of over 2.1 million employees, where allegations of misconduct by managers have not only been ignored but, in some instances, led to wrongful termination of those who dared to speak out.

The lawsuit brought to light appalling behavior by a former store manager who subjected female employees to unwelcome and offensive sexual behavior. This included crude sexual innuendos, requests for sexual acts in exchange for workplace favors, and an egregious demand that a female employee expose her breasts. Despite receiving multiple complaints, Walmart reportedly failed to act decisively, leading to a female employee being fired after she opposed the harassment and filed a formal complaint.

“Employers have a duty under federal law to take prompt, reasonable action to stop sexual harassment and prevent it from happening again,” said EEOC Philadelphia District Office Regional Attorney Debra M. Lawrence. “Diligent investigations – which include considering relevant past complaints against an alleged harasser, thoroughly interviewing coworkers and others who may know about the work environment, and not demanding supporting witnesses or an admission of wrongdoing as a general prerequisite for taking action – are essential to compliance with that legal duty.”

Such conduct is a clear violation of Title VII of the Civil Rights Act of 1964, which expressly safeguards employees from harassment and discrimination based on sex. Furthermore, it protects them from any form of retaliation for standing up against such inappropriate actions. This isn’t the first instance of Walmart employees resorting to legal action to enforce these rights, and unless large settlements significantly impact Walmart’s $648 billion revenue, it may not be the last.

The settlement agreement requires Walmart to pay monetary relief and adhere to several non-monetary measures aimed at preventing future harassment. This includes barring the rehiring of the implicated manager, mandating specialized training for conducting thorough harassment investigations, and ensuring that investigations are led by personnel with no conflicts of interest.

This case underscores the critical importance of not dismissing inappropriate managerial behavior in the workplace. Every time a perpetrator manages to evade consequences for their illegal actions, it only serves to embolden them, potentially leading to repeated offenses. If you find yourself in a similar situation, do not hesitate to contact a dedicated sexual harassment attorney to protect your rights and seek justice. No one should face such maltreatment in their place of work, and speaking up is a vital step towards making a change.

Posted on

Reclaiming Justice: How Legal Changes Support Abuse Survivors

Sexual harassment causes long term damage to the victims psyche.

In 2019, California enacted a pivotal law that has become a beacon of hope for victims of childhood sexual abuse, extending the statute of limitations for filing civil lawsuits. Previously, victims faced restrictive time constraints for bringing their cases forward, but now, thanks to this groundbreaking reform, they have until the age of 40 or five years from the discovery of the abuse to seek justice. This change has had a profound impact, empowering many who were previously silenced to tell their stories and demand accountability.

One of the most prominent cases to come to light under this law involves the MacLaren Children’s Center, a Los Angeles County-run shelter that was meant to offer safety and refuge for children awaiting foster care. Tragically, for decades, this institution was anything but a sanctuary. The center’s staff and, at times, other residents engaged in the gross violation of trust, preying on children as young as five. This egregious misconduct went unchecked for years, even as children were subjected to horrendous acts of abuse, compounded by inadequate oversight and a failure to conduct thorough background checks on staff until 2001.

The revelations surrounding MacLaren Children’s Center resulted in a monumental $4 billion settlement with Los Angeles County, compensating the victims and underscoring the gravity of the abuses endured. The lawsuit brought forth by dozens of former residents revealed the shocking reality of an environment where abuse was rampant and accountability was scant. The legal action signaled an important step towards justice, enabled by the 2019 law that suspended the statute of limitations for a period of three years. This case stands as a testament to the necessity of legislative reforms to rectify past injustices and facilitate the pursuit of justice by those affected.

For anyone who has suffered similar experiences of abuse or knows someone who has, consulting an attorney is an essential step. Legal experts can provide the necessary counsel on rights and legal options available for seeking reparation and holding perpetrators accountable. The extension in the statute of limitations offers a renewed chance for victims to come forward, seek justice, and find the closure they deserve.

Posted on

Celebrating Hillary Clinton’s Legacy in Honor of Women’s History Month

Constitutional rights lawyers of Helmer Friedman LLP.

Hillary Clinton’s name is indelibly etched into the annals of history, not merely as a trailblazer, but as a fierce and relentless advocate for justice, equality, and progress. Her historic accomplishments in governmental leadership, coupled with her unwavering commitment to championing the rights of women and children, embody the spirit of perseverance and the transformative power of breaking barriers.

As we celebrate Women’s History Month, we reflect on her groundbreaking contributions and her unapologetic pursuit of justice. Clinton’s journey has served as a beacon of inspiration for countless women, urging them to dream boldly, act courageously, and redefine the limits of possibility.

Pioneering Firsts in Public Service

Hillary Clinton has undeniably shattered the glass ceilings that have long characterized the political arena, which has often been dominated by men. Her remarkable achievement as the first woman to secure a major U.S. political party’s presidential nomination in 2016 stands as a historic milestone — one that ignited hope and aspirations in millions of women who saw her triumph as a testament to their own potential and dreams.

Before this landmark achievement, Clinton’s illustrious career spanned various pivotal roles that solidified her legacy within the intricate fabric of American politics and the broader realm of global diplomacy. As the 67th United States Secretary of State from 2009 to 2013, she tirelessly championed human rights, expanded the nation’s diplomatic outreach, and advocated for policies that promoted global cooperation and peace. Her tenure in the U.S. Senate from 2001 to 2009 as the first female senator from New York was characterized by her ability to forge bipartisan alliances, striving to improve healthcare and enhance homeland security for all citizens. Additionally, during her time as First Lady of the United States from 1993 to 2001, her advocacy transcended ceremonial duties; she focused on healthcare reform, the welfare of children, and the rights of women, leaving an indelible impact on the nation.

These transformative roles not only solidified her political stature but also illuminated her remarkable capacity to turn opportunities into vital platforms for change, inspiring generations to follow in her footsteps.

A Legacy of Advocacy for Women and Children

At the heart of Hillary Clinton’s enduring legacy lies an unwavering dedication to advancing the welfare of children and championing the rights of women. One of her most significant achievements was her transformative role in establishing the State Children’s Health Insurance Program (CHIP) during her tenure as First Lady. This groundbreaking initiative was designed to extend crucial healthcare coverage to low-income children, currently benefitting over eight million young lives across the United States. By providing access to essential health services, CHIP stands as a testament to her commitment to fostering a healthier future for generations.

Clinton’s influence extends far beyond American borders. Her iconic speech at the 1995 United Nations Fourth World Conference on Women in Beijing, where she boldly proclaimed that “women’s rights are human rights,” resonated as a powerful rallying cry for gender equality across the globe. This pivotal moment marked a significant turning point in the struggle to transform legal frameworks and cultural attitudes that have historically marginalized women, igniting hope and action in the hearts of many.

Moreover, as Secretary of State, Clinton took a courageous stand against human trafficking and sexual violence in conflict zones, leveraging her position to advocate for the most vulnerable. Through her relentless efforts, she successfully urged the United Nations Security Council to adopt a landmark resolution addressing these critical issues, further cementing her global reputation as a passionate advocate for justice and equality.

Breaking Barriers in Public and Private Life

Clinton’s illustrious career is not solely defined by her political achievements, but also by her remarkable ability to break barriers across various domains. She made history as the first female partner at the prestigious Rose Law Firm in Arkansas and founded Arkansas Advocates for Children and Families, positioning herself as a trailblazer for change.

Her time as First Lady of Arkansas was marked by her leadership in numerous educational initiatives, including the innovative Arkansas Home Instruction Program for Preschool Youth, which emphasized the importance of early childhood literacy. This initiative showcased her belief in the transformative power of education and her commitment to nurturing young minds. Subsequent to this role, as a U.S. senator, she championed legislation aimed at supporting caregivers and tirelessly worked to enhance healthcare systems for military families, demonstrating her dedication to serving those who serve the nation.

In addition to her political accomplishments, Clinton’s extraordinary personal resilience shines brightly. She has faced the rigorous demands of political campaigns and navigated deeply personal challenges with unwavering strength, emerging as a steadfast beacon of determination and hope. Her journey serves as an inspiration to many, reflecting the profound impact of tireless advocacy and the relentless pursuit of justice.

An Inspirational Symbol for Women’s History Month

Hillary Clinton’s illustrious career stands as a powerful testament to unwavering perseverance and the relentless pursuit of progress. She exemplifies the belief that true leadership transcends mere authority; it’s about forging pathways of opportunity and championing the voices of those who often go unheard.

Her profound impact underscores the critical importance of diverse representation in leadership roles. After the 2016 election, she poignantly remarked, “Although we weren’t able to shatter that highest, hardest glass ceiling this time, thanks to you, it’s got about 18 million cracks in it.” These stirring words continue to ignite the passions of women everywhere, encouraging them to dream bigger, embrace bold actions, and remain steadfast in the face of adversity.

Carrying Forward Her Legacy

As we celebrate Women’s History Month, Hillary Clinton’s enduring legacy poignantly reminds us that the struggle for equality and justice is far from complete. Her relentless dedication to advocating for vital issues, whether it be healthcare, education, or women’s rights, sets a remarkable standard for what it truly means to leave an indelible mark on the world. Her journey inspires us all to continue the fight and strive for a future where everyone can thrive.

Posted on

Ketanji Brown Jackson

Black History Month - Helmer Friedman LLP.

Ketanji Brown Jackson was the first Black woman to sit on the nation’s highest court in its 223-year history.

Helmer Friedman LLP discusses President Bidens nomination of Judge Brown Jacksons to SCOTUS.Judge Jackson, who clerked for Justice Breyer, worked as a public defender, a corporate attorney, a U.S. District Court judge, and a judge on the U.S. Court of Appeals for the District of Columbia.

 

“If I’m fortunate enough to be confirmed as the next associate justice of the Supreme Court of the United States,” Judge Jackson commented in her prepared remarks about her nomination, “I can only hope that my life and career, my love of this country and the Constitution and my commitment to upholding the rule of law and the sacred principles upon which this great nation was founded, will inspire future generations of Americans.”

Since joining the Supreme Court, Justice Ketanji Brown Jackson has made valuable contributions, including writing a notable dissenting opinion in the Court’s ruling on presidential immunity involving then-former President Donald Trump. In her dissent, Jackson argued that the majority’s decision “breaks new and dangerous ground” by granting a former president immunity from prosecution for certain official acts. She expressed concern that this ruling could exempt presidents from legal liability for serious criminal acts as long as they claim their actions were “official acts.”

Jackson’s dissent emphasized the importance of holding presidents accountable for their actions and warned that the ruling could have disastrous consequences for democracy.

 

Posted on

Understanding Employment Cases of 2024 and Their Impacts on Employees

High Court Ruling on employment cases.

1. Muldrow v. City of St. Louis:

This case ruled that employees alleging a discriminatory job transfer do not need to demonstrate significant harm, only “some harm.” This decision simplifies the process for proving harm in discriminatory job transfer cases.

2. Murray v. UBS Securities:

The court emphasized that a whistleblower under the Sarbanes-Oxley Act only needs to show that their protected activity was a contributing factor to an adverse employment action. This effectively lowers the burden of proof for whistleblowers in retaliation cases.

3. Okonowsky v. Garland:

This case concluded that a coworker’s social media posts can be considered when assessing a Title VII claim for a hostile work environment. This allows social media evidence to be used in harassment cases.

4. Rajaram v. Meta Platforms:

The ruling prohibits discrimination against U.S. citizens based on their citizenship status, extending protections to U.S. citizens.

5. Daramola v. Oracle America:

The court clarified that the anti-retaliation provisions of certain laws do not apply outside of the United States, limiting protections under anti-retaliation laws for employees working abroad.

6. Castellanos v. State of California:

This ruling upheld the constitutionality of Proposition 22, which limits protections for workers classified as independent contractors.

7. Bailey v. San Francisco District Attorney’s Office:

The case established that a single use of a racial slur can be actionable for creating a hostile work environment, thereby strengthening protections against racial harassment in the workplace.

8. Quach v. California Commerce Club:

This decision determined that a party opposing arbitration does not need to show prejudice to establish a waiver of their right to arbitration, which protects employees from unfair arbitration agreements.

9. Huerta v. CSI Electrical Contractors:

The court ruled that time spent on an employer’s premises for security inspections is compensable as “hours worked,” ensuring employees are fairly compensated for time spent on work-related activities.

10. Naranjo v. Spectrum Security Services:

The ruling stated that an employer is not liable for penalties under Labor Code section 226 if wage statements were provided in good faith. This sets a precedent for employer liability in cases relating to wage statements.

11. Vazquez v. SaniSure:

The court decided that an arbitration agreement signed during one period of employment may not apply to subsequent employment. This clarifies the applicability of arbitration agreements across different employment periods.

12. Mar v. Perkins:

Employees were found to be bound by an arbitration agreement if they continue working after a policy modification, establishing that continued employment constitutes consent to arbitration.

13. Osborne v. Pleasanton Auto:

This ruling protects employees from defamation claims related to HR complaints by defining pre-litigation statements made to HR as conditionally privileged protected activity.

14. Wawrzenski v. United Airlines:

The court mandated that plaintiff comparators need to be similar “in all relevant respects” for discrimination cases, strengthening the standard for using comparators in such cases.

15. Shah v. Skillz Inc.:

The court clarified that stocks are not considered wages under the Labor Code, elucidating the treatment of stocks in employment cases.

Are you being harassed or discriminated against in your workplace? At Helmer Friedman LLP, we have highly qualified employment law attorneys ready to fight on your behalf. Don’t suffer in silence; reach out to us for expert legal representation. At our firm, you’re not just a number—you’re a valued individual deserving justice and equity. Contact us today.

This post is based on information published recently in Advocate Magazine authored by Andrew Friedman and Erin Kelly. READ MORE…
Posted on

Charlotte E. Ray

Black History Month - Helmer Friedman LLP.

In 1872, Charlotte Ray became the first black female attorney in the United States. She was active in the NAACP and the suffragist movement.

Fun fact: she applied to and was admitted to Howard University Law School under the name “C. E. Ray,” in a possible attempt to hide her gender. #BlackHistoryMonth

Posted on

The Shadow Side of Corporate Culture at Fox: Addressing Sexual Harassment

Sexual harassment causes long term damage to the victims psyche.

Introduction

Corporate culture can define the success—or failure—of any business. It shapes how employees interact, influences decisions, and reflects a company’s values to the world. When that culture harbors secrecy, discrimination, or tolerance of misconduct, it can lead to devastating consequences for individuals and organizations alike.

Recent controversies surrounding Fox have brought its corporate culture into sharp focus, particularly regarding its history of sexual harassment. Today, we will explore the disconnect between Fox’s public image and the internal culture that has led to repeated high-profile cases of misconduct.

For those who have endured workplace harassment, this serves as a reminder that accountability, transparency, and reform are not just ideals but necessities. If you’ve experienced similar issues in your workplace, remember—no company is above the law.

Defining Corporate Culture

Corporate culture refers to the shared values, norms, and practices that guide how employees interact and collaborate within an organization. It’s embedded in everything from leadership style to workplace policies. A healthy corporate culture fosters respect, creativity, and accountability. On the other hand, a toxic culture breeds fear, misconduct, and complacency.

At its core, corporate culture isn’t just about glossy mission statements or the perks offered to staff. It’s about real, day-to-day experiences that shape employees’ perceptions of their workplace—a truth that Fox’s controversies bring into sharp relief.

The Image Fox Projects

Fox has long portrayed itself as a trailblazing media empire to the outside world. With its internal spotlight awards and a global reputation, the company has attracted top-tier talent and created opportunities in the entertainment and media worlds.

Internally, Fox promises a dynamic, inclusive, and fiercely competitive environment. For prospective employees, it pitches itself as an employer of choice—an arena where innovation and hard work are richly rewarded.

However, as we explore more deeply, the surface-level promises of such corporate culture often clash with the troubling reality that employees, especially women, have faced behind closed doors.

The Shadow Side of Fox’s Corporate Culture

Despite the image of success, stories from within Fox expose a corporate culture plagued by sexual harassment, discrimination, and a lack of accountability. Over the years, high-profile cases have painted a picture of unchecked power and toxic work environments.

A History of Allegations and Settlements

Below are some documented cases that highlight recurring patterns of harassment and legal action against Fox and its employees.

  1. Roger Ailes founded Fox News and served as its chairman and CEO. He played a significant role in shaping conservative media.
  • Date Sexual Harassment Lawsuit Filed: July 6, 2016
  • Award: Gretchen Carlson received a $20 million settlement after accusing then-CEO Roger Ailes of sexual harassment. This case became a turning point, exposing a long-standing culture of abuse within the organization.
  1. Bill O’Reilly was a prominent figure at Fox News, where he hosted the news commentary program The O’Reilly Factor from 1996 until 2017. For many years, The O’Reilly Factor was one of the highest-rated cable news shows, making O’Reilly a significant influence in conservative media.
  • Date Sexual Harassment Lawsuit Filed: Settlements came to light in 2017
  • Award: Over $45 million were paid across multiple settlements after allegations surfaced against the former prime-time anchor.
  1. Jamie Horowitz was a prominent executive at Fox Sports, serving as National Networks’s President. He oversaw programming and digital news operations for Fox Sports, including channels FS1 and FS22. Horowitz was known for shifting the focus of Fox Sports programming towards talk personalities and away from traditional newsgathering.
  • Date Sexual Harassment Lawsuit Filed: July 2017
  • Award: Settlement details remain undisclosed, but allegations of sexual misconduct led to his departure from the network.
  1. Charles Payne is a Fox Business Network (FBN) financial journalist and television personality. He joined Fox News Media as a contributor in 2007 and currently hosts the show “Making Money with Charles Payne.”
  • Date Sexual Harassment Lawsuit Filed: July 2017
  • Award: Like Horowitz, Payne’s settlement details were not disclosed, though harassment allegations resulted in widespread internal criticism.
  1. Skip Bayless was a prominent sports commentator at Fox Sports, where he co-hosted the show “Skip and Shannon: Undisputed” on Fox Sports 1 (FS1) from September 2016 until August 2024.
  • Date Sexual Harassment Lawsuit Filed: January 6, 2025 (ongoing) The suit alleges Bayless offered the plaintiff $1.5 million to have sex with him and that an FS1 exec grabbed her buttocks at a party.
  • Award: Still pending, this lawsuit further illustrates the cycle of accusations that continues to haunt Fox’s legacy.
  1. Charlie Dixon is the Executive Vice President of Content at Fox Sports 1 (FS1). He joined Fox Sports in July 2015 and oversees all content and production on the channel.
  • Date Sexual Harassment Lawsuit Filed: January 6, 2025 (ongoing) The lawsuit accuses Dixon of grabbing her buttocks at a bar and elevating Joy Taylor thanks to their relationship; the complaint accuses Fox of ignoring multiple complaints she lodged with HR over the years.
  • Award: Still pending, this lawsuit further illustrates the cycle of accusations that continues to haunt Fox’s legacy.

Over the years, these cases reveal a disturbing pattern of allegations, payouts, and secrecy—paving the way for a permissive environment where harassers faced little accountability.

Impact on Employees

Behind these legal battles lie real human costs. Employees who remain at Fox following incidents of harassment often report feeling unheard, unprotected, and demoralized.

Victims of harassment face stigmas that damage their confidence, health, and professional growth. For many women at Fox, silence seemed like the only option to maintain their careers. Those who spoke out, like Gretchen Carlson, risked not only their jobs but also their reputations.

This culture of fear and inaction harms more than individual employees—it weakens teams, stifles creativity, and erodes trust throughout the organization.

Fox’s Response and Reforms

To its credit, Fox has acknowledged some of its corporate failings and introduced measures aimed at fixing them. These include launching anonymous reporting tools, hiring external consultants to assess workplace culture, and holding leadership training addressing harassment.

But critics argue these reforms fall short of addressing the root causes of issues at Fox. Real accountability requires transparent communication, thorough investigations, and public disclosures about how the company handles such complaints. It’s a long road from acknowledging problems to truly shifting an entrenched corporate mindset.

Lessons for the Future

The challenges faced by Fox aren’t unique. Companies across industries must consider the long-term harm caused by toxic workplace cultures. However, Fox’s story provides a stark lesson for leaders in any organization:

  • A company’s corporate culture must align with its public image. Misalignment breeds distrust and risks credibility.
  • Harassment stems not simply from individual bad actors but from systems that enable their behavior.
  • Accountability and timely action are critical in fostering a safe and effective workplace.

For Fox, the future depends on its ability to address these issues openly. Without significant shifts, its culture risks dragging the larger organization into further controversies.

Final Thoughts

The Fox revelations serve as both a wake-up call and a rallying cry for broader workplace accountability. Sexual harassment isn’t just an HR issue—it’s a systemic failure that hampers businesses’ ability to thrive.

If you or someone you know has faced harassment at the workplace, know that there are paths to take. Contact an experienced employment attorney and hold corporations accountable for creating safe and fair work environments. Speaking up about harassment isn’t just about personal justice—it’s about ensuring that nobody else has to endure the same abuse.

Corporate culture reflects leadership and values in action. The question remains—how will organizations like Fox use this opportunity to redefine theirs?