Category: National Origin Discrimination

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Pay Discrimination & Retaliation Against US Workers

Pay discrimination in fashion industry against American executives.

The Hidden Cost of High Fashion: Pay Discrimination

Behind the glittering runways and exclusive boutiques of the high fashion industry, complex human stories often unfold out of the public eye. Brands like LVMH and Stella McCartney project an image of elegance and prestige. However, the internal operations of these celebrated organizations can sometimes reveal a starkly different reality for the professionals working tirelessly behind the scenes.

Recently, the legal battle initiated by Andrew Dershaw, a former senior executive at Stella McCartney, has brought these hidden workplace issues directly into the spotlight. After dedicating over a decade to building the brand’s presence in the United States, Dershaw filed a federal lawsuit alleging severe retaliation, pay discrimination, and pricing misconduct. His story serves as a powerful reminder that prestige does not automatically guarantee a fair or equitable workplace.

This post explores the serious implications of pay discrimination and retaliation against American employees. By examining the details of Dershaw’s lawsuit and outlining the federal legal protections available to workers, we can better understand the vital importance of workplace fairness and the legal avenues available to those facing similar injustices.

 

The Case of Andrew Dershaw: A Deeper Look

For fourteen years, Andrew Dershaw was a cornerstone of Stella McCartney’s U.S. operations. He successfully grew the brand’s American wholesale business, overseeing more than $40 million in annual revenue across hundreds of retail accounts. Despite this extensive loyalty and success, his recent federal complaint paints a troubling picture of corporate exploitation and retaliation.

Allegations of Pricing Misconduct

According to the lawsuit, Dershaw raised serious objections in early 2025 to a coordinated pricing strategy imposed on U.S. retailers. Internal communications allegedly described this strategy as anti-competitive and illegal. When Dershaw refused to participate, he claims the company immediately retaliated by drastically reducing his bonus. The lawsuit notes that LVMH and Stella McCartney continued this pricing strategy despite growing scrutiny in Europe. Notably, the European Commission later fined Loewe, another LVMH-owned brand, €18 million for similar anti-competitive practices.

Allegations of Pay Discrimination

LVMH and Stella McCartney built a system designed to extract maximum value from an American executive who gave them fourteen years of loyalty and successfully grew their U.S. business into what it is today, while ensuring he would never be treated as an equal,” said Bennitta L. Joseph, Founding Partner at Joseph & Norinsberg

The complaint also details profound pay disparities. Dershaw claims he was the only American male on a senior leadership team composed almost entirely of European executives. When a European executive was terminated in 2024, Dershaw assumed her full responsibilities. However, he was reportedly denied her title and was paid roughly half of her compensation.

The disparities allegedly worsened during the COVID-19 pandemic. Dershaw’s salary was reduced by approximately 30%, while the compensation of his European counterparts remained unchanged. During this same period, public filings indicate that Stella McCartney increased her own compensation by a staggering £221,000. Following his internal complaints about these wage issues, Dershaw received his first negative performance review in fourteen years, resulting in further financial penalties and tens of thousands of dollars in unreimbursed business expenses.

The Human Toll

The cumulative impact of these actions caused immense personal and professional harm. The relentless pressure and unequal treatment ultimately forced Dershaw to take medically prescribed leave in October 2025 after receiving diagnoses for Major Depressive Disorder and Generalized Anxiety Disorder. His lawsuit now brings claims under the Equal Pay Act, New York Human Rights Laws, and whistleblower retaliation statutes, demanding accountability from one of the world’s most powerful fashion conglomerates.

Legal Protections for American Employees

Dershaw’s experience highlights a critical vulnerability that many American professionals face in globalized industries. Fortunately, robust legal frameworks exist to protect employees from national origin discrimination and retaliation.

National Origin Discrimination

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. The Equal Employment Opportunity Commission (EEOC) strictly enforces these protections for all national origin groups, including U.S. citizens. An employer cannot legally treat an applicant or employee unfavorably simply because they are from the United States.

Prohibited Discriminatory Practices

Discrimination can manifest in several ways, from subtle biases to overt policies. Title VII strictly bars discriminatory job advertisements, such as postings that explicitly prefer foreign visa holders over qualified American workers. Furthermore, unequal treatment during the recruitment or termination processes is illegal. If an employer subjects U.S. workers to more burdensome application requirements or terminates American workers at a higher rate than their foreign counterparts, they are violating federal law. Harassment based on national origin that creates a hostile work environment is equally prohibited.

Whistleblower Protection

Federal and state laws provide strong protections for whistleblowers. Retaliation against an employee for objecting to discriminatory practices, reporting illegal behavior, or filing an EEOC charge is strictly forbidden. It takes immense courage for whistleblowers to speak out against powerful employers. The law recognizes this courage by offering mechanisms to hold retaliatory companies accountable for punitive actions, such as wrongful termination or demotion.

Employer Justifications Debunked

Employers often try to defend discriminatory practices by citing business necessities. However, the law is clear. A company cannot justify discrimination based on customer preference, the cost of labor, or unfounded stereotypes about the work ethic of specific nationalities. Saving money through cheaper foreign labor does not override an American worker’s civil rights.

A Precedent for Justice: The Chivas USA Case

Courts actively enforce these protections, as seen in the notable lawsuit against the Chivas USA professional soccer organization. Two American youth academy coaches successfully sued the organization, alleging they were fired because they were not of Mexican or Latino descent. The lawsuit detailed an ethnocentric policy implemented by the new ownership, which created a hostile environment for non-Latino Americans. This case forcefully demonstrates that anti-American discrimination is a recognized and actionable violation of civil rights.

How to File a Claim

The attorneys at Helmer Friedman LLP can guide you through this complex process, ensuring your claim is filed correctly and on time. The EEOC investigates these charges and, in some instances, may file a lawsuit on your behalf. However, it is crucial to act quickly. There are strict time limits—generally 180 calendar days from the day the discrimination took place (extended to 300 days in some cases)—and missing these deadlines can result in a permanent loss of your legal rights. Contacting our firm can help you navigate these critical first steps.

Broader Implications for Workplace Fairness

High-profile lawsuits like Andrew Dershaw’s do more than seek justice for one individual. They expose systemic issues and prompt necessary conversations across entire industries.

Workplaces only thrive when every employee is valued, heard, and compensated fairly based on their contributions, rather than their country of origin. Pay discrimination and whistleblower retaliation are fundamental violations of dignity and respect. Fostering a corporate culture rooted in integrity, openness, and compassion requires holding powerful organizations accountable when they fall short of these basic standards.

Fostering a Culture of Respect and Accountability

>Andrew Dershaw’s courageous decision to stand up to LVMH and Stella McCartney sheds critical light on the often hidden realities of pay discrimination and corporate retaliation. His case underscores the urgent need for employers to evaluate their internal practices and ensure fair treatment for all staff members, regardless of nationality.

If you have experienced unequal pay, a hostile work environment, or retaliation for reporting illegal corporate behavior, you do not have to face it alone. Understanding your legal rights is the first step toward reclaiming your professional dignity and financial security. By consulting with an experienced legal advocate, you can explore your options, protect your career, and help build a safer, more respectful work environment for everyone.

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Pay Discrimination and Retaliation: The Andrew Dershaw Case

2.4 Million workers victims of ongoing WAGE THEFT. Helmer Friedman LLP employment law attorneys.

The High Cost of Speaking Up: Pay Discrimination in America

The global fashion industry projects an image of pristine elegance and innovation. Behind closed corporate doors, however, a very different reality often unfolds for the workers driving the profits. The recent lawsuit filed by an American executive against luxury giant Louis Vuitton Moët Hennessy (LVMH) and its brand Stella McCartney exposes serious allegations of unequal compensation, corporate retaliation, and wage theft.

For decades, employees across various industries have faced systemic wage disparities based on gender, race, and nationality. When brave individuals step forward to report these illegal practices, they often face aggressive corporate backlash rather than a fair resolution. The fight for workplace equity requires understanding both the hidden mechanisms of pay discrimination and the legal frameworks designed to protect workers.

This article explores the realities of pay discrimination against American employees, examining the Andrew Dershaw case as a prime example of corporate misconduct. By understanding the available legal protections and the severe consequences of whistleblower retaliation, employees can more effectively identify unlawful behavior and take steps to protect their careers and livelihoods.

The Andrew Dershaw Case: A Deep Dive into Allegations

Andrew Dershaw spent fourteen years building and leading the United States wholesale business for Stella McCartney. During his extensive tenure, he successfully oversaw more than $40 million in annual revenue across a network of over 200 retail accounts. Despite this proven track record of success, Dershaw’s lawsuit claims that his loyalty and high performance were met with systematic pay discrimination and severe retaliation.

“LVMH and Stella McCartney built a system designed to extract maximum value from an American executive who gave them fourteen years of loyalty and successfully grew their U.S. business into what it is today, while ensuring he would never be treated as an equal,” said Bennitta L. Joseph, Founding Partner at Joseph & Norinsberg. “When Mr. Dershaw objected to conduct that their own executives described in writing as illegal, they punished him for it. That is not a misunderstanding. That is a choice. And it is exactly what this lawsuit is about.”

Compensation Disparities and the Pandemic Pay Cut

According to the federal complaint, Dershaw was the only American male serving on the company’s senior leadership team, which consisted almost entirely of European executives. The lawsuit outlines stark disparities in how he was treated compared to his European counterparts.

When a European executive was terminated in 2024, Dershaw assumed her full responsibilities. However, the company allegedly refused to grant him her official title and paid him roughly half of her compensation. The situation worsened during the COVID-19 pandemic. Dershaw alleges that his salary was drastically reduced by approximately 30%, while the compensation of European executives remained entirely untouched. Public filings cited in the lawsuit even indicate that Stella McCartney increased her own compensation by approximately £221,000 during this exact same period of supposed financial strain.

Whistleblower Retaliation and Corporate Hostility

The mistreatment escalated when Dershaw discovered and objected to a coordinated pricing strategy imposed on U.S. retailers. Internal communications allegedly described this strategy as “anti-competitive (and illegal).” After refusing to participate in this scheme, Dershaw faced immediate financial consequences, including a significant reduction in his bonus. The company continued to advance the pricing strategy, a decision that mirrors similar controversies in Europe. Months later, the European Commission fined Loewe, another LVMH-owned brand, €18 million for anti-competitive practices.

Dershaw also claims the company withheld approximately $20,000 in approved business expenses. After he filed internal complaints regarding his compensation and wage issues, leadership allegedly used those complaints as the basis for his first negative performance review in fourteen years.

The Human Cost of Discrimination

Corporate retaliation exacts a devastating toll on an individual’s mental and physical well-being. The cumulative impact of the company’s hostile actions caused significant personal and professional harm to Dershaw. In October 2025, he was diagnosed with Major Depressive Disorder and Generalized Anxiety Disorder, forcing him to take medically prescribed leave. His story demonstrates how unchecked discrimination destroys not just careers, but lives.

Understanding Pay Discrimination: Legal Frameworks and Statistics

American workers possess robust legal protections against unfair compensation and retaliation. Understanding these laws is the first step toward achieving justice in the workplace.

Federal Protections: The Equal Pay Act and Title VII

The United States’ Equal Pay Act of 1963 established a fundamental rule: employers must pay equal wages for equal work, regardless of sex. This federal law requires that men and women working in the same location receive equal pay for jobs that require substantially equal skill, effort, and responsibility.

Furthermore, Title VII of the Civil Rights Act offers comprehensive protection against discrimination in employment. This landmark legislation prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion. This covers all terms and conditions of employment, including hiring, firing, promotions, and compensation.

State and City Protections: California’s Equal Pay Act

Many states have implemented even stricter laws to protect workers. California’s Equal Pay Act prohibits employers from paying an employee less than employees of the opposite sex, or of a different race or ethnicity, for “substantially similar work.”

Under this law, work is substantially similar if it requires comparable skill, effort, and responsibility, and is performed under similar working conditions. Employers can only defend pay differences if they can prove the disparity relies entirely on:

  • A seniority system
  • A merit system
  • A system that measures earnings by quantity or quality of production
  • A bona fide factor other than sex, race, or ethnicity (such as education, training, or experience)

Additionally, California Labor Code § 232 explicitly protects an employee’s right to discuss wages. Employers cannot prohibit workers from disclosing their own wages, discussing the wages of others, or asking about compensation structures.

The Stark Reality of the Pay Gap

Despite these legal frameworks, statistics show that profound inequalities remain embedded in the American workforce. In 2023, the Institute for Women’s Policy Research reported alarming figures regarding the racial and gender pay gap. For every dollar earned by a White man, a typical Latina woman working full-time earned just 57.8 cents. A Black woman earned 66.5 cents, a White woman earned 79.6 cents, and an Asian woman earned 94.2 cents.

Legal intervention remains one of the most effective ways to correct these systemic failures. For example, a jury recently awarded $6 million to Dr. Anissa Rogers in a gender discrimination and harassment lawsuit against California State University. This precedent-setting victory, secured by the attorneys at Helmer Friedman LLP, highlights the massive financial consequences organizations face when they fail to protect their employees from discrimination and retaliation.

The Broader Implications of Whistleblower Retaliation and Workplace Fairness

Standing up to corporate misconduct requires immense bravery. Whistleblowers like Andrew Dershaw risk their reputations, financial stability, and health to expose illegal practices. They act as a crucial line of defense against corporate greed and systemic discrimination.

Workplaces thrive when every employee feels valued and heard. Pay discrimination and retaliation represent more than just legal violations; they are direct assaults on human dignity. Fostering environments rooted in integrity, openness, and compassion is essential for the future of American business. Companies must realize that fair compensation and ethical practices are not optional luxuries, but strict legal requirements.

Fostering Equitable Workplaces for Everyone

The allegations against Stella McCartney and LVMH serve as a powerful reminder that prestige and wealth do not guarantee ethical corporate behavior. Pay discrimination and whistleblower retaliation continue to harm American employees across virtually all industries.

Preventing these abuses requires constant vigilance and strong legal advocacy. Employees must know their rights and understand that the law shields them when they speak the truth. If you suspect you are being denied equal pay or facing retaliation for reporting illegal behavior, taking prompt legal action is vital.

Helmer Friedman LLP stands as a dedicated advocate for justice, offering expert, personalized representation for victims of discrimination, harassment, and retaliation. With over 20 years of legal experience and a proven track record of securing major settlements, our team provides confidential consultations to help you understand your legal options. Contact us today to ensure your rights are protected and your voice is heard.

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Nurse Sues Elevance Health for Disability Discrimination

Medical care, hospital - Family Leave Lawyers Helmer Friedman LLP.

Fired for Pain: Veteran Nurse Sues Elevance Health

Priscilla Kamoi dedicated 17 years of her life to caring for patients within a massive healthcare conglomerate. As a licensed Registered Nurse at Anthem Blue Cross and Elevance Health, she demonstrated exemplary performance. She earned regular salary increases, annual bonuses, and consistently strong evaluations. She was a loyal, high-performing employee doing vital work.

Then, she became the patient.

Diagnosed with a debilitating and excruciating nerve condition, Kamoi suddenly found herself needing the very compassion and care she had spent nearly two decades providing to others. Instead of supporting a veteran employee, her employer responded with rigid quotas, disciplinary action, and ultimately, termination.

This stark juxtaposition between a health insurance company’s public mission and its internal treatment of a disabled worker sits at the heart of a major lawsuit filed in Los Angeles County Superior Court. Represented by Helmer Friedman LLP and The Carr Law Group, Kamoi is holding Elevance Health accountable for disability discrimination, retaliation, and wrongful termination.

Understanding the Agony of Trigeminal Neuralgia

In late 2018, Kamoi developed severe trigeminal neuralgia. Often described by medical professionals as one of the most painful conditions known to humanity, it causes excruciating, electric-shock-like pain that radiates through the head and face.

For Kamoi, the attacks were sudden and unbearable. The condition made basic human functions—speaking, chewing, swallowing, and sleeping—incredibly difficult. She experienced numbness on the left side of her face and a progressive loss of hearing. Furthermore, the strong medications prescribed to manage the nerve pain carried heavy side effects, including severe fatigue, dizziness, and a slowness in thought processing.

The pain episodes completely derailed her daily routine. In a January 2023 email to her supervisors, Kamoi attached photographs of her face during a severe shock attack. She explained that the pain was so intense she could not manage to eat dinner until after 11:00 p.m., when the episode finally subsided.

A Shift in Corporate Culture

Despite her agonizing diagnosis, Kamoi returned from medical leave in 2019 ready to work. As a salaried Discharge Planner, she had the flexibility to take the time she needed to manage her symptoms while still performing her duties to an exceptional standard.

The corporate environment shifted drastically in mid-2022. Management announced that nurses would be transitioned to concurrent utilization review duties. This new role was far more complex, requiring nurses to review a patient’s vital signs, lab results, imaging, and overall treatment to determine the medical necessity of continued hospital stays.

More importantly, supervisor Monica Gagnon imposed strict new productivity standards. Nurses were now required to process 1.5 complex cases per hour and finish all work strictly within an 8-hour shift.

Knowing her medical condition and medication slowed her processing time, Kamoi proactively requested a reasonable accommodation. She asked to remain in her role as a Discharge Planner—a position she had mastered for years. Elevance Health management denied her request, forcing her into the highly regimented utilization review role.

A Timeline of Hostility and Denied Accommodations

What followed was a nearly three-year cycle of corporate hostility. Elevance Health continually penalized Kamoi for failing to meet aggressive hourly quotas, despite knowing her disability made those speeds impossible.

When Kamoi protested to her supervisor, Celia Zarate, that her medical condition prevented her from moving fast enough to meet the new targets, Zarate offered a callous response: “Then get another job.”

The pressure continued to mount. Kamoi received formal warnings for taking too much time to complete her work and for working unauthorized overtime to finish her cases. On May 16, 2024, Kamoi submitted a formal request for reasonable accommodations signed by her physician. The doctor explicitly stated that Kamoi could maintain her high-quality work but required breaks to recover from pain attacks and additional time to complete assignments.

Within two weeks, Elevance Health denied the medical request.

Analyzing the Legal Claims

The California Fair Employment and Housing Act (FEHA) provides strict protections for workers facing medical challenges. Employers are legally obligated to engage in a timely, good-faith interactive process to find effective accommodations for employees with known disabilities.

Kamoi’s complaint outlines clear violations of these fundamental rights. By denying flexible scheduling, refusing to adjust arbitrary productivity quotas, and punishing her for the physical limitations caused by her illness, the company failed in its legal duties.

Gregory Helmer of Helmer Friedman LLP emphasizes the core legal standard at play. “The law is clear: an employer cannot penalize a disabled employee for being disabled, nor can it refuse to provide simple accommodations—like a little extra time—and then use the employee’s resulting ‘performance deficiency’ as a pretext for dismissal. That is precisely what the law against disability discrimination seeks to prevent.”

Furthermore, the lawsuit alleges severe retaliation. Under the California Labor Code and FEHA, employers cannot punish workers for requesting accommodations or reporting discriminatory behavior.

The Escalating Pattern of Retaliation

Kamoi filed complaints with the California Civil Rights Department in August and December 2024, detailing the company’s failure to accommodate her disability. Elevance Health’s response was swift and punitive.

In January 2025, management increased the productivity quotas again, demanding 2.5 cases per hour. Kamoi was subjected to verbal reprimands and targeted scrutiny. While her peers were evaluated on a standard monthly basis, Kamoi’s supervisor, Sharon Johnson, placed her under stringent weekly monitoring.

The harassment culminated on May 22, 2025. After badgering Kamoi over minor, split-second discrepancies in her timekeeping, Johnson summoned her to an abrupt telephone meeting. After 17 years of dedicated service to the company, Kamoi was fired immediately and told she was ineligible for rehire.

Broader Implications for Healthcare Workers

This case highlights a disturbing trend within corporate medicine. Healthcare workers are expected to operate with deep empathy and boundless endurance, yet they frequently face rigid, profit-driven metrics imposed by their employers.

James Carr of The Carr Law Group notes the underlying hypocrisy of the situation. “There is a cruel irony in a major health insurance company—one that profits from the healthcare system—showing such little regard for the health and dignity of a nurse who has dedicated 17 years to caring for its members.”

Employees facing major medical hurdles deserve a supportive environment, not a relentless campaign of disciplinary action designed to push them out the door. The law mandates that human dignity must take precedence over arbitrary hourly quotas.

Demanding Justice and Corporate Accountability

Priscilla Kamoi’s lawsuit against Elevance Health, Inc. (Case No. 26STCV08319) is a powerful step toward holding major corporations accountable for disability discrimination. No worker should be forced to choose between managing a debilitating illness and keeping their livelihood.

If you or a loved one has suffered from workplace discrimination, denied medical accommodations, or wrongful termination, you do not have to fight these battles alone. The legal team at Helmer Friedman LLP has over 20 years of experience advocating for justice and securing high-profile victories against massive corporations.

We offer free, confidential consultations to help you understand your legal rights and explore your options. Reach out today to partner with proven advocates who will fight tirelessly to protect your career and your dignity.

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Happy Hanukkah

Happy Hanukkah from Helmer Friedman LLP legal team.

As the days grow shorter and the nights longer, a celebration of light, resilience, and faith begins. Hanukkah, the Festival of Lights, is a story passed down through generations, a testament to the enduring power of hope in the face of darkness.

More than two millennia ago, the land of Judea was ruled by the Seleucid Empire. Its king, Antiochus IV Epiphanes, sought to suppress Jewish culture and religious practice. He desecrated the Holy Temple in Jerusalem, the center of Jewish life, and outlawed core traditions. In response, a small band of Jewish rebels, led by Judah Maccabee and his family, rose up against the powerful army. They were known as the Maccabees, a name meaning “the hammers.”

Happy Hanukkah!Against all odds, after a three-year struggle, this small group of fighters successfully reclaimed the Temple. Their victory was not just a military one; it was a triumph for religious freedom. When they entered the Temple to rededicate it, they found it in disarray. They worked to purify it and relight the menorah, a sacred candelabrum meant to burn continuously.

Here, a new challenge arose. They could find only one small jar of consecrated olive oil, enough to light the menorah for a single day. Yet, a miracle occurred. The small amount of oil burned for eight nights, the time it took to prepare new, pure oil.

This is why Hanukkah is celebrated for eight nights. Each evening, another candle is added to the menorah, symbolizing the miracle and the growing light that pushes back the darkness. We eat foods fried in oil, like latkes (potato pancakes) and sufganiyot (jelly-filled pastries like donuts), to remember the oil that burned so brightly. We play with the dreidel, a spinning top that recalls a time when studying the Torah was forbidden, and children would pretend to play games while secretly learning.

Today, the story of Hanukkah speaks to a universal human experience. It is a reminder that even in moments of profound adversity, faith and resilience can lead to miraculous outcomes. It teaches us that the light of a single candle, like a single act of courage or hope, can defy the shadows. As we gather with loved ones, the glow of the menorah is more than just a tradition; it is a symbol of hope for all people, a celebration of light’s enduring power to overcome darkness, and the quiet strength found in unwavering belief.

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Discrimination Against American Workers: Your Legal Rights

Nationality Discrimination & Harassment is illegal. Helmer Friedman LLP Los Angeles Nationality Discrimination lawyers.

Protecting American Workers from Discrimination

When we consider workplace discrimination, our thoughts often gravitate toward the challenges faced by minority groups in terms of race, gender, or religion. However, it’s important to recognize that the legal frameworks in place to ensure fair treatment in the workplace, especially Title VII of the Civil Rights Act of 1964, encompass much broader protections. One significant but frequently overlooked aspect of this law is the protection against national origin discrimination.

For many professionals, the painful realization that they have been overlooked, sidelined, or let go in favor of foreign workers can be devastating. This experience strikes at the very heart of their financial security and professional self-worth. It’s crucial to understand that the protections against national origin discrimination also extend to U.S. citizens. Acknowledging this can empower individuals to stand up against unjust bias and advocate for their rights with confidence.

What is National Origin Discrimination?

National origin discrimination is a pressing issue that affects many individuals in the workplace, often causing significant distress. It occurs when an employer treats an applicant or employee unfavorably solely because of the applicant’s or employee’s country of origin. While discussions around this topic often highlight the importance of protecting immigrants, it’s essential to recognize that the Equal Employment Opportunity Commission (EEOC) makes it clear that these protections extend to all national origin groups, including those from the United States.

Under federal law, no one should face unfair treatment or preferential treatment in the workplace because of their background. This means it’s illegal for employers to favor foreign workers over American workers, including when decisions are made based on visa status. If an employer allows their preferences for workers from specific countries, or those holding certain visas like H-1B, to influence hiring, firing, or pay scales, they may unfortunately be violating Title VII. It’s crucial for everyone to be treated fairly and with respect, regardless of their origins.

Types of Discrimination Against American Workers

Discrimination can be subtle, hiding behind corporate jargon, or it can be brazenly open. For American workers, bias often manifests in specific patterns that disadvantage them compared to their foreign counterparts.

Discriminatory Job Advertisements

One of the most visible forms of discrimination appears before a worker is even hired. Title VII strictly bars discriminatory job advertisements. An employer cannot publish job postings that indicate a preference for or requirement of applicants from a particular country or with a particular visa status.

For example, advertisements that state “H-1B preferred” or “H-1B only” are red flags. These postings suggest that the employer has already decided to exclude U.S. workers from consideration, regardless of their qualifications. By actively discouraging American applicants, companies create an uneven playing field that violates federal law.

Unequal Treatment

Unequal or Disparate treatment refers to intentional discrimination where an employer treats individuals differently based on a protected characteristic. This often happens among American workers during recruitment or termination processes.

  • Hiring Barriers: Employers may erect artificial barriers to make it more difficult for American applicants to apply. For instance, during the PERM labor certification process—a step companies take to hire foreign workers permanently—some employers may subject U.S. workers to more burdensome application requirements than H-1B visa holders, effectively discouraging them from pursuing the role.
  • Termination and “The Bench”: Disparate treatment also occurs in firing decisions. In the IT and staffing sectors, workers often face time on “the bench” between assignments. Evidence of discrimination exists if a company terminates American workers on the bench at a much higher rate than it terminates visa guest workers in the same situation.

Harassment

Workplace harassment based on national origin is strictly prohibited. This goes beyond simple teasing; it becomes illegal when it is so frequent or severe that it creates a hostile or abusive work environment, or when it results in an adverse employment decision (such as being fired or demoted).

American workers might face unwelcome remarks about their work ethic compared to foreign nationals, or be subjected to derogatory comments about their “American” communication style or cultural background. When this conduct permeates the workplace, it creates an atmosphere of intimidation that the law does not tolerate.

Retaliation

Perhaps the most insidious form of misconduct is retaliation. Title VII prohibits employers from punishing an individual for engaging in a “protected activity.” Protected activities include:

  • Objecting to national origin discrimination.
  • Filing a charge with the EEOC.
  • Participating in an investigation.

If an American worker speaks up about a policy they believe favors foreign workers and is subsequently fired, demoted, or ostracized, the employer may be liable for retaliation. This charge can sometimes be easier to prove than the underlying discrimination itself.

What Doesn’t Excuse Discrimination?

Employers often attempt to justify discriminatory practices using business rationale. However, the law is clear that specific “business reasons” do not excuse hiring foreign workers over American citizens.

Customer Preference: An employer cannot claim that their clients prefer working with individuals from a specific country or those with specific visas. Customer bias is not a legal defense for discrimination.

Cost of Labor: The desire to save money does not override civil rights. Employers cannot justify displacing American workers simply because foreign labor is cheaper, whether that is due to abuse of visa-holder wage rules or “under the table” payments.

Stereotypes about Work Ethic: Beliefs that workers from a specific national origin are “more productive,” “harder working,” or possess a “better work ethic” than Americans are based on stereotypes. Using these generalized beliefs to make employment decisions is unlawful.

Real-World Examples: The Chivas USA Case

These protections are not theoretical; they are enforced in courts of law. A prominent example involving allegations of anti-American and anti-non-Latino discrimination is the lawsuit filed against the Major League Soccer organization, Chivas USA.

Two former youth academy coaches, Daniel Calichman and Theothoros Chronopoulos, filed a lawsuit alleging they were fired because they were “neither Mexican nor Latino.” The coaches, described in the complaint as “Caucasian, non-Latino Americans,” were former members of the U.S. National Team.

According to the complaint, after Jorge Vergara Madrigal acquired full ownership of Chivas USA, the organization began implementing an ethnocentric policy similar to the “Mexican-only” policy of its counterpart team, Chivas de Guadalajara. The lawsuit alleged that Vergara stated at a staff meeting, “If you don’t speak Spanish, you can go work for the Galaxy, unless you speak Chinese, which is not even a language.”

The plaintiffs claimed they were asked to provide ethnic data on youth players, and when they complained about the discriminatory environment to HR, no investigation was conducted. Instead, they were fired shortly after. This case highlights how leadership changes can lead to discriminatory shifts in culture and policy, and how American workers can find themselves targeted based on their national origin and race.

Filing a Charge with the EEOC

If you believe you have been a victim of national origin discrimination, you cannot immediately sue in federal court. You must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).

The attorneys at Helmer Friedman LLP can guide you through this complex process, ensuring your claim is filed correctly and on time. The EEOC investigates these charges and, in some instances, may file a lawsuit on your behalf. However, it is crucial to act quickly. There are strict time limits—generally 180 calendar days from the day the discrimination took place (extended to 300 days in some cases)—and missing these deadlines can result in a permanent loss of your legal rights. Contacting our firm can help you navigate these critical first steps.

Protecting Your Rights

Discrimination against American workers is a serious violation of federal law. Whether it manifests as a job ad that excludes you, a layoff that targets you while retaining visa holders, or a hostile work environment, you have the right to work in an environment free from bias.

Navigating the complexities of Title VII and EEOC procedures requires experience and tenacity. If you suspect you have been discriminated against based on your national origin, do not face it alone. Contact Helmer Friedman LLP today for a confidential consultation to discuss your situation and explore your legal options.

 

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9 Years of Hell – Ethnicity Discrimination at UAB

Nationality Discrimination & Harassment is illegal. Helmer Friedman LLP Los Angeles Nationality Discrimination lawyers.

The University of Alabama at Birmingham has been ordered to pay nearly $4 million to Dr. Fariba Moeinpour, an Iranian-born former cancer research scientist, who alleged that she endured a hostile work environment for nearly a decade with harassment from a co-worker due to her nationality. Dr. Moeinpour, now 62 years-old, filed a lawsuit against the university in October 2021, claiming the harassment was a daily occurrence and that the institution consistently ignored her complaints.

Dr. Moeinpour is a naturalized U.S. citizen who began her tenure at the UAB lab in February 2011. Unfortunately, her employment was terminated in February 2020 following a confrontation with her supervisor. The co-worker accused of harassment, identified in court documents as Mary Jo Cagle, allegedly made derogatory comments about Dr. Moeinpour’s name, referring to it as a “weird a** name,” and even told her to “go back to Iran.” In a particularly alarming incident, Cagle is accused of driving her vehicle toward Dr. Moeinpour and her daughter in the UAB parking lot while brandishing a firearm and hurling racial slurs at them.

A jury awarded $6 million to Dr. Anissa Rogers, a former Associate Dean at California State University, San Bernardino, in a gender discrimination and harassment lawsuit against CSU. Despite multiple reports of harassment by Dean Jake Zhu, CSU did not take action, resulting in Dr. Rogers’ constructive dismissal. The jury’s award was for non-economic damages, reflecting Dr. Rogers’ emotional distress and the systemic issues of gender-based mistreatment at CSU.

In a further troubling development, after Dr. Moeinpour reported the harassment, her supervisor, Clinton Grubbs, who is not named in the lawsuit, allegedly dismissed her concerns by stating he was powerless to act against Cagle due to fears for his safety. He reportedly claimed that taking action could lead to severe repercussions, including losing his job or even facing harm. Grubbs allegedly suggested that Cagle was associated with the mafia and recounted a disturbing incident where four men showed up at his home to intimidate him after he threatened to fire Cagle.

The lawsuit details a disturbing account where Dr. Moeinpour sought help from Grubbs regarding the lack of action taken against Cagle. Instead of providing support, Grubbs reportedly called the police, indicating he would damage her reputation. He claimed that the discussions regarding her complaints were merely “his word against hers.” When Dr. Moeinpour insisted that she could prove her case, Grubbs allegedly physically assaulted her, grabbing her by the chin, knocking her down, and injuring her face in the process. He then reportedly fell on top of her and restrained her, leading her to slap him in self-defense.

When a UAB police officer arrived at the scene, Dr. Moeinpour admitted to hitting Grubbs in an attempt to stop his assault. Instead of addressing her claims, the officer escorted her out of the building, and she reportedly fainted when informed she was being arrested. Upon regaining consciousness, Dr. Moeinpour found herself restrained to a gurney in the emergency room, with both her ankles and wrists handcuffed. She was subsequently taken to jail and held overnight, which added to the distress of her situation.

In the police report filed by UAB, Dr. Moeinpour was characterized as an “out of control” aggressor. However, Grubbs surprisingly informed the police that he did not wish to press charges and mentioned that he and Dr. Moeinpour had been in a relationship over the past year, which she firmly denied, asserting they had never been romantically involved. Ultimately, Dr. Moeinpour was terminated from her position on February 13, 2020, for alleged violations of the university’s policy against fighting and absenteeism, despite her claims of being assaulted by Grubbs and without any investigation into her allegations or consideration of evidence.

Throughout the four-year trial, witness testimonies and audio recordings that supported Dr. Moeinpour’s claims were presented to the jury. One key witness, a mall security guard, recounted an incident where Cagle followed Dr. Moeinpour and her daughter around the mall, subjecting them to racial slurs. Dr. Moeinpour’s legal team also provided documentation showing her persistent attempts to report the harassment to human resources over the years.

The federal jury ultimately determined that Cagle acted with “malice and reckless indifference” toward Dr. Moeinpour’s federally protected rights based on her nationality. The jury ruled that the university’s decision to arrest Dr. Moeinpour constituted an “adverse employment action.” On Monday, the jury mandated that UAB pay Dr. Moeinpour $3.8 million, while Cagle was ordered to pay her $500,000 in compensatory damages and an additional $325,000 in punitive damages.

Reflecting on her ordeal, Dr. Moeinpour expressed the emotional toll this experience had taken on her life, stating, “Day and night, I was looking for a job, any job, but nobody would hire me because my name was tarnished. Now, my good name has been restored.” In response to the verdict, UAB spokeswoman Alicia Rohan emphasized that the university “does not tolerate harassment, retaliation, or discrimination of any kind.” However, she also indicated that the university disagrees with the jury’s verdict and is “considering next steps” in the legal process.

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Healthcare Services Group settles English Only Rule Discrimination Lawsuit

Helping Employees Recover and Enforcing Employment Laws Helmer Friedman LLP.

Healthcare Services Group, Inc., a company that offers housekeeping and other services to healthcare facilities and has 35,000 employees across 48 states, has reached an agreement to provide compensation and corrective measures to an employee following an investigation.

The case involved a female employee working as a “light housekeeper” at a nursing home in Concord, California, who alleged that the company prohibited her from speaking Spanish while at work. The investigation confirmed the existence of an “English-only” rule, a policy that, if enforced without justification by business necessity, constitutes a violation of Title VII of the Civil Rights Act of 1964.

“Restrictive language policies are only allowed if they are required to ensure safe or efficient business operation and is put in place for nondiscriminatory reasons. Client relations and customer preference do not justify discriminatory policies,” said Rosa Salazar, acting director of the EEOC’s Oakland Local Office.

Title VII prohibits national origin discrimination unless there is a business necessity, making “English Only” policies a violation of federal law. Furthermore, these policies are considered discriminatory because they negatively impact workers who speak English as a second language, treating them differently when they use their native language and subjecting them to reprimands or other consequences.

Following the investigation, a settlement was reached after the parties engaged in a pre-litigation conciliation process. As part of the settlement, Healthcare Services Group will provide monetary damages to the housekeeper and offer training for all California employees, as well as specific training for California managers and human resources personnel.

The company also agreed to revise its California policies to explicitly state that employees not involved in patient care are not restricted in the languages they speak at work and have the right to use their preferred language. These policies will be issued in English, Spanish, and other languages spoken by 5% or more of its California workforce. Additionally, the company will remove English fluency requirements from the light housekeeper job description and post a notice of the agreement for two years.