Category: retaliation

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Bako Pays $50,000 Pregnancy Discrimination and Retaliation

Pregnancy discrimination lawyers Beverly Hills Helmer Friedman LLP.

Pregnancy discrimination laws provide robust protection for employees, defending them against termination due to pregnancy-related complications. This legal safety net was highlighted in the recent case with Bakotic Pathology Associates, LLC (Bako), which was involved in a lawsuit over allegations of pregnancy discrimination and retaliation. The lawsuit, presented by the U.S. Equal Employment Opportunity Commission (EEOC), asserted that Bako unfairly treated an employee suffering from pregnancy-related ailments.

Bako terminated the employee during her authorized medical leave and while she was availing short-term disability benefits, following her reports of pregnancy discrimination. This alleged behavior contravenes Title VII of the Civil Rights Act of 1964 that explicitly forbids sex-based discrimination and retaliation for participation in protected activities.

As a result of the lawsuit, Bako agreed to a settlement involving a $50,000 payment and the implementation of remedies. Additionally, Bako is now obligated to provide its employees with specialized training on Title VII, share internal complaint procedures and Title VII policies with the workforce, and report any pregnancy discrimination complaints to the EEOC.

Specific situations that would constitute pregnancy discrimination and/or retaliation include:

  • An employer refusing to accommodate reasonable requests made for pregnancy-related conditions, especially when such accommodations are provided for other employees with different medical conditions.
  • Openly demoting, reducing the hours, or offering lower pay to an employee upon learning of her pregnancy, under the guise of unrelated performance issues.
  • Dismissal of a pregnant employee using the pretext of organizational restructuring, when in reality, the position remains open or is quickly filled by someone not pregnant.
  • Subjecting a pregnant employee to frequent, unwarranted disciplinary actions following the announcement of her pregnancy, suggesting a motive grounded in discrimination rather than actual performance issues.
  • Failing to reinstate an employee to her original or equivalent position after returning from maternity leave, which is guaranteed under certain conditions by the Family and Medical Leave Act (FMLA).
  • Retaliating against an employee for filing a complaint regarding pregnancy discrimination or for participating in an investigation about such allegations, often seen through sudden negative performance reviews or exclusion from meetings and company events.

For more information on pregnancy discrimination, visit the www.HelmerFriedman.com website or reach out through 1-310-396-7714 or info@HelmerFriedman.com. Ensure your rights are protected.

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Whistleblower Case Against City of Florence Moves Forward: Judge Denies Dismissal

Sex discrimination is not only illegal, but it has been proven to negatively affect public safety.

Is your city safe? The question might seem straightforward, but for the people of Florence, the answer might be more complex than it seems. Sex discrimination is not only illegal but it has been proven to negatively affect public safety. Sarah Glenn, a city employee, alleges that the City of Florence has been systematically violating state and federal civil rights laws, even retaliating for exercising her First Amendment rights.

Glenn’s allegations include being treated less favorably than her male counterparts, being assigned menial tasks, and expressing genuine safety concerns that were ignored. The city attempted to dismiss Glenn’s First Amendment claim, arguing that her disclosures were not of public concern and could disrupt the workplace. However, a statement from US District Court Chief Judge Philip A. Brimmer suggests otherwise. He denied this motion, emphasizing that Glenn’s claims can’t simply be bulldozed as personal grievances.

The City is now seeking a summary judgment to resolve the First Amendment claim in their favor and is hoping to avoid a trial. However, it’s worth noting that this isn’t the first litigation against the City of Florence, as there’ve been multiple lawsuits, including allegations of misconduct by the former city manager.

This case reveals the dark side of sex discrimination. It obstructs justice, inhibits the free flow of information, and potentially risks public safety. It’s time to recognize these issues. Stand with Sarah Glenn. Stand up for equal rights and public safety.

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Unspoken Rides: Addressing the Pervasive Harassment and Discrimination in America’s Auto Dealerships

Sexual harassment in the workplace is a pervasive issue in auto dealerships throughout America.

The American auto dealership industry, boasting a backbone of shiny cars and robust sales pitches, hides an alarming and corrosive problem under its hood – sexual harassment. Despite being a cornerstone of America’s retail economy, auto dealerships have become notorious battlegrounds for gender respect and workplace equality.

In this probing examination, we will delve deep into the personal stories that shed light on the struggle many female employees face, survey the bleak statistics that run rampant across the industry, and provide concrete steps and resources for those affected by such improper conduct in their workplaces.

Personal Narratives of Harassment

Personal accounts bring the shocking reality of workplace harassment out of the shadows. In a Utah auto dealership, a former employee recounts days filled with anxiety and fear as her supervisor would casually assault female staff members, dealing out demeaning acts like smacks on the buttocks as casually as if he were giving out office memos.

The situation in Texas paints an equally grim picture, with managers at South Austin Nissan openly and relentlessly parading their predatory behavior. Women working there faced an ongoing onslaught of unwanted touching, lewd comments dissecting their appearance, and invasive inquiries into their private lives.

Moving west to San Francisco, the narrative continues with former employees, all women, who weathered unwelcome sexual advances, offensive remarks, and physical contact—all undermining not only their sense of security but their professional worth.

A Statistical Glimpse into the Workplace

Behind these personal stories lies a staggering trail of data:

  • According to the National Women’s Law Center, a harrowing 65% of women in dealership roles have dealt with sexual harassment at their job.
  • An EEOC study alerts us to over 60 official sexual harassment charges filed in the span of eight years, a period where the true scope of the issue likely exceeds recorded figures due to unreported incidents.
  • An Auto News survey tragically indicates that the immense majority—7 out of every 10 women in the dealership industry—experienced a form of sexual harassment.
  • From an occupational health psychology perspective, the non-physical damages are substantial too, resulting in a workplace rife with dissatisfaction, distress, and high turnover rates.

This data paints a sobering picture: the car sales floor, rather than being a place of negotiation and commerce, is often an arena of gender-based violation and abuse.

Stepping Stones to Change

These harrowing accounts and disheartening figures cannot fade into mere statistics. Change is imperative. To catalyze this transformation, advocacy must be a community affair – everyone is a stakeholder in making dealerships safe environments that uphold gender respect and equality. Here’s what can be done:

  • Workplace Policies – Dealerships must institute clear, robust, and non-negotiable policies against harassment, with transparent channels for reporting and addressing complaints.
  • Training Programs – Regular and compulsory training sessions can educate all employees on what constitutes sexual harassment and how to prevent it.
  • Peer Support – Fostering a culture where colleagues support one another and victims don’t feel isolated or helpless.

Legal Recourse and Support Systems

Empower yourself with knowledge and support:

  • EEOC Guidance – Connect with the Equal Employment Opportunity Commission for advice and action against employment discrimination.
  • Legal Expertise – A specialized workplace discrimination or harassment attorney can offer legal counsel and potentially represent your case.
  • Law Enforcement – If you’ve been physically harassed or assaulted, contact the local police.
  • Support from Nonprofits – Organizations like the National Women’s Law Center offer legal resources to women facing discrimination and harassment.
  • Community Networks – Join support groups where shared experiences and solidarity can foster recovery and collective action.

Conclusion: Toward a Respectful Workspace

Making our workplaces safe sanctuaries of productivity and respect demands courage, persistence, and unity. If you or someone you know is enduring sexual harassment within an auto dealership or any workplace, remember that silence benefits only the perpetrators. It’s time to revamp the industry not just from a business standpoint but from a foundational perspective that respects and values all employees equally.

Make Dealerships Safe: Advocate for Gender Respect and Equality

Now is the time for action, for support, and for change. Stand up for a harassment-free workplace, and navigate the road ahead with the dignity and equality every person deserves.

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Racial Discrimination, Hostile Work Environment – SFSD Clerks Awarded Over $1 Million in Lawsuit

Trust the attorneys of Helmer Friedman LLP to aggressively protect employee rights to a workplace free from discrimination, harassment and retaliation.

Two Black employees of the San Francisco Sheriff’s Department have sued the city, alleging racial discrimination, harassment, and retaliation while on the job. Danielle Dillard and Kim Lee work as clerks processing warrants for criminal suspects. They claim that they have been subjected to a workplace culture of discrimination, harassment, and retaliation.

It Broke Me Down

The conditions at work worsened for Dillard and Lee after they complained about alleged discriminatory acts by co-workers and superiors that had been happening for several years. Among several other claims, Dillard says a supervisor referred to her as a “monkey” in 2016 after she introduced herself as a clerk and shop steward with the Service Employees International Union (SEIU) 1021 union.

Ms. Dillard would spend her lunch and rest times crying due to the hostile atmosphere she found herself in, not being able to speak at all to colleagues.

Dillard claims she received racial discrimination complaints from other Sheriff’s Department employees as a union shop steward and brought them to Captain James Quanico, who oversees Dillard’s unit. A month later, Dillard claims she was served with a cease-and-desist order stating she could not communicate with employees in her division. Lee’s discrimination allegations also began in 2016.

On November 15, 2023, a jury awarded Danielle Dillard $523,400 and Kim Lee $616,000 for their racial discrimination lawsuit against the San Francisco Sheriff’s Department. The San Francisco Sheriff’s Department and the City Attorney’s Office released a joint statement claiming they oppose harassment and discriminatory behavior.

“As one of the most diverse sheriff’s departments in the nation that values equity and inclusion, any form of harassment or discriminatory behavior is antithetical to our values. We are surprised and disappointed by the outcome of this case and will be working with the City Attorney’s Office to evaluate any next steps.”

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School District Fails to Protect Employee from Racist Attacks by Parents

Internet troll or cyberbully posting hate speech on Social Media, in comments online.

Black Ex-employee Sues Rockwood for Discrimination

Brittany Hogan, the former Director of Educational Equity and Diversity at Rockwood School District, filed a lawsuit in February 2021, alleging that she was subjected to racial abuse by parents and that the administration ignored her complaints. Hogan served the district for eight school years but resigned in April 2021.

The lawsuit claims that Hogan received threatening messages through various channels, including email, phone, and social media, after promoting an anti-racism book called “Stamped” in December 2020. While the book was part of the district’s One Read program, Hogan did not choose it. District officials brought her in to discuss ways to promote the book, but Hogan faced backlash as a result.

The suit said Hogan began receiving racist messages through the district’s Twitter account, with one message saying Hogan and another Black Rockwood official should “work at a different school district where the students were Black.”

In January 2021, Hogan and her secretary began receiving threatening and profane phone calls and email messages, the suit said. One caller demanded that Hogan’s secretary disclose Hogan’s physical location. An email from a parent read, “I hope you sleep well at night …” which the lawsuit claims implied that Hogan might not be safe at night.

The lawsuit said Hogan’s secretary notified administrators about the threatening messages. It also said administrators took no action to protect Hogan, who at the time worked at an unsecured building near one of the district’s middle schools that made her vulnerable to possible altercations.

In February, a human resource employee told Hogan in a telephone call that things had become “out of control.” Still, the lawsuit said she received no assistance or written response.

On Feb. 4, 2021, Hogan emailed her supervisors to tell them she would not participate in the scheduled Feb. 10, 2021, reading of “Stamped” on Zoom with the community. In the email, she said she was being “trolled,” or harassed, by white supremacists on the Twitter diversity account, according to the lawsuit.

She also wrote in that email, “As the only Black woman in district leadership, I am concerned and uncomfortable of how quickly I’ve become the scapegoat of white rage,” the lawsuit said.

During a superintendent’s cabinet meeting in the first week of February 2021, copies of the threats Hogan had received on Twitter were given to every cabinet member. The lawsuit said the only action taken was on Feb. 8, 2021, when then-Superintendent Mark Miles told Hogan to block Twitter accounts harassing her.

Hogan’s lawsuit against the district alleges that they violated her rights by allowing race-based discrimination, harassment, and retaliation. The case lists several incidents throughout the 2020-2021 school year, supposedly demonstrating that Rockwood officials sidelined Hogan, making it impossible for her to perform her job effectively. The lawsuit claims the district created a hostile work environment, leading to Hogan’s constructive discharge.

Following the lawsuit, the Rockwood School District settled for $175,000 through an insurance policy, which included attorney fees and other costs. Hogan’s attorney, Javad Khazaeli, expressed Hogan’s desire to move on from the situation and focus on future endeavors.

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Physical and Verbal Harassment

Sexual harassment causes long term damage to the victims psyche.

Sun Chemical Sued for Failure to Correct Racial Discrimination

An employee at Sun Chemical manufacturing facility in Kansas City, Missouri, was subjected to racial harassment by a coworker. The Equal Employment Opportunity Commission reports that the victim faced verbal and physical harassment, including being called the N-word, which was known to other employees. Yet, the management failed to take corrective actions against the harasser. To make matters worse, when the employee complained about the harassment, Sun Chemical issued him a written warning for using profanity against the harasser. This is unacceptable. The lawsuit filed against Sun Chemical demands justice for the victim and action from the company to prevent future racial discrimination. We must stand together against racial harassment in the workplace.

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Walmart Pays $87,500 to Settle Unlawful Retaliation Lawsuit

Walmart settles Retaliation Lawsuit.

Two Adult Children Were Unlawfully Rejected for Jobs Because of Mother’s Prior Sex Discrimination Complaint

A settlement has been reached in a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against Wal-Mart Associates, Inc. and Wal-Mart Stores East, Inc., L.P. (doing business as Walmart stores in Albuquerque) for retaliation. The lawsuit claimed that Walmart Store #835 on Eubank in Northeast Albuquerque refused to hire Ramona Bradford’s adult son and daughter for entry-level positions because Ms. Bradford had filed a sex discrimination charge against Wal-Mart with the EEOC.

Retaliation against employees because of their opposition to discrimination or participation in protected activity, such as filing a discrimination charge, violates Title VII of the Civil Rights Act of 1964. The EEOC also alleged that Ramona Bradford was a victim of retaliation because her two adult children were being denied employment because she was complaining about discrimination and her charge filing.

The consent decree settling the suit provides for monetary relief for the Bradfords, as well as an injunction prohibiting retaliatory practices, training for managerial employees on retaliation, and posting a notice advising employees of their rights under Title VII.

Retaliation continues to be a high priority for the EEOC, which receives more retaliation charges than any other kind of discrimination charges. The EEOC is pleased that this case could be resolved for the Bradfords and mandates that Wal-Mart train its managers about retaliation.

Eliminating policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes or that impede the EEOC’s investigative or enforcement efforts is one of six national priorities identified by the EEOC’s Strategic Enforcement Plan (SEP).

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Race and Religious Harassment at Trucking Company

Constitutional rights lawyers of Helmer Friedman LLP.

Trucking Company Allowed Harassment of Former Employee Because of His Race and Religion, Federal Agency Charges

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Wheeler Trucking for violating federal civil rights laws. The lawsuit alleges that the company subjected an employee at its Lorain County, Ohio location to harassment based on his religion and race. The former employee was also denied a religious accommodation he requested, and faced retaliation when he complained about the harassment. Ultimately, he was separated from employment.

According to the EEOC, Wheeler Trucking personnel frequently and severely harassed the former employee using racial slurs and derogatory terms. The former employee complained multiple times, but the company failed to take meaningful action to address the harassment or prevent future incidents. When the former employee spoke out against the discrimination and harassment, the company’s treatment of him worsened, leading to his separation from employment.

The EEOC filed the lawsuit under Title VII of the Civil Rights Act of 1964, which prohibits retaliation, race discrimination, and religious discrimination. The case was filed in U.S. District Court for the Northern District of Ohio (EEOC v. Wheeler Trucking d/b/a Wheeler Trucking, Inc. and Wheeler Logistics, Inc., Case No. 1:23-cv-01874) after the EEOC’s attempt to reach a pre-litigation settlement through its administrative conciliation process failed.

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Sexual Harassment and Retaliation of Tenants

Sexual harassment retaliation by landlord.

Dad, Son Refused to Fix Tenant’s Gas Leak After She Reported Sexual Harassment

The Justice Department filed a lawsuit against Javier Salazar Jr., Javier Salazar Sr., and Ricardo Covarrubias, a maintenance worker, the manager, and the owner, respectively, of rental properties in Bakersfield, California, alleging sexual harassment and retaliation in violation of the Fair Housing Act.

Preying on renters who have few housing options is abhorrent and illegal.

The lawsuit, filed in the U.S. District Court for the Eastern District of California, alleges that Javier Salazar, Jr., a maintenance worker, sexually harassed a female tenant from December 2018 through March 2019 by repeatedly asking the tenant to engage in sexual acts with him, asking her to be in a relationship with him, describing the sexual acts he wished to engage in with her and persistently commenting on her appearance.

The Justice Department is committed to holding accountable any person in the housing sector who sexually harasses, assaults or retaliates against tenants, from the housing owner to the maintenance worker. A home should be a place of refuge and sanctity, not sexual assault and exploitation, and we will continue to use the Fair Housing Act to hold violators accountable.

According to the complaint, on two occasions, Javier Salazar Jr. touched the tenant’s body without her consent. He secretly took digital photographs of framed print pictures in her home of her and her daughter. The tenant reported Salazar Jr.’s conduct to Salazar Sr., who was both the property manager and Salazar Jr.’s father. After she reported the harassment and threatened to contact a lawyer or the police if it continued, the Salazars refused to fix a leaking gas line in her dwelling, causing her to go without heat for one month and consequently forcing her to move out. The complaint also alleges that the property owner, Covarrubias, is vicariously liable for the Salazars’ conduct because they were his agents when they engaged in sexual harassment and retaliation.

“Sexual harassment in rental housing preys on tenants who are especially vulnerable, including those who rely on their housing provider for critical maintenance services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to holding accountable any person in the housing sector who sexually harasses, assaults or retaliates against tenants, from the housing owner to the maintenance worker. A home should be a place of refuge and sanctity, not sexual assault and exploitation, and we will continue to use the Fair Housing Act to hold violators accountable.”

“For four months this tenant refused the repeated sexual advances by the maintenance worker at her rental home, and when she reported the sexual harassment, she faced retaliation,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The actions of Salazar Jr. and the failure or refusal of Salazar Sr. and Covarrubias to act on the tenant’s behalf caused her harm and distress. The U.S. Attorney’s Office will hold accountable any landlord who enables or engages in sexual harassment in violation of the Fair Housing Act.”

“Preying on renters who have few housing options is abhorrent and illegal,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. “HUD will continue to work with DOJ to enforce the law and protect tenants.”

The lawsuit arose from a complaint the former tenant filed with HUD. After HUD investigated the complaint, it issued a charge of discrimination, and the matter was referred to the Justice Department. The lawsuit seeks monetary damages to compensate the victim and a court order barring future discrimination.

The Justice Department’s Sexual Harassment in Housing Initiative is part of the Civil Rights Division in coordination with U.S. Attorney’s Offices nationwide. The initiative aims to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the Initiative in October 2017, the Justice Department has filed 34 lawsuits alleging sexual harassment in housing.

The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status.

Individuals who believe that they may have been victims of sexual harassment by Javier Salazar Jr., or at rental dwellings owned or managed by Ricardo Covarrubias or Javier Salazar Sr., or who have other information that may be relevant to this case should call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at
fairhousing@usdoj.gov, or submit a report online.

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Whistleblowers Protected from Retaliation Covered by Labor Code 1102.5(b).

Whistleblower protection lawyers in Beverly Hills - Helmer Friedman LLP.

Labor Code Section 1102.5(b) Encompasses A Report Of Unlawful Activities Made To An Employer Or Agency That Already Knew About The Violation

People ex rel. Garcia-Brower v. Kolla’s, Inc., 2023 WL 3575254 (2023)

In Mize-Kurzman v. Marin Community College Dist., 202 Cal.App.4th 832, 858 (2012), the Court of Appeal oddly held that whistleblower protections are not available for employees who disclose illegal conduct to the employer or to a government or law enforcement agency if the employer or government or law enforcement agency was already aware of the illegal conduct. In Kolla’s, the California Supreme Court rejected the reasoning in Mize-Kurzman and held that the Labor Code whistleblower retaliation statute does not require that a reported violation be unknown to the recipient.