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Employment Discrimination based on Perceived Sexual Orientation

Employment Discrimination based on Perceived Sexual Orientation May 1, 2020. By Anne Wallace.
New York, NY Vincent White, a partner at White, Hilferty and Albanese, spoke recently with LAS about the thorny problem of employment discrimination based on an employer’s perception (or misperception) of an employee’s sexual orientation. The hardest problem, according to White, is that the discriminatory comment or action often happens behind closed doors, with no witnesses. “It’s an elevator situation,” said White. “The doors close; the offense happens; and the doors open with no one the wiser, except the employer and a very shocked employee.”
Read [ Employment Discrimination based on Perceived Sexual Orientation ]

PricewaterhouseCoopers to Settle Age Discrimination Lawsuit for $11.6 Million

PricewaterhouseCoopers to Settle Age Discrimination Lawsuit for $11.6 Million March 12, 2020. By Anne Wallace.
San Francisco, CA On March 3, PricewaterhouseCoopers, LLP (PwC) offered to settle a lawsuit brought under the Age Discrimination in Employment Act (ADEA) and California labor law. The lawsuit claims the accounting giant systematically discriminated against job applicants older than 40. The settlement offer includes payment of $11.625 million and a promise to remedy discriminatory hiring practices in the future.
Read [ PricewaterhouseCoopers to Settle Age Discrimination Lawsuit for $11.6 Million ]

Discrimination Pervasive Despite California Labor Law

Discrimination Pervasive Despite California Labor Law February 13, 2020. By Jane Mundy.
Sacramento, CA California has always been at the forefront of protecting individuals from workplace discrimination and employment laws. Despite the California labor law, within some groups, discrimination is pervasive.
Read [ Discrimination Pervasive Despite California Labor Law ]

Google’s Age Discrimination Settlement--Again

Google’s Age Discrimination Settlement--Again August 9, 2019. By Jane Mundy.
Sacramento, CA: Wisdom doesn’t necessarily come with age, at least not with Google. If it did, Google would have wizened up a decade ago, when the courts warned the Internet giant of its “systematic practice of discrimination" involving job applicants who were age 40 and over. Instead, it recently shelled out $11 million to settle a California age discrimination class action lawsuit.
Read [ Google’s Age Discrimination Settlement--Again ]

Women’s Soccer Team California Discrimination Lawsuits Trigger Athletics Fair Pay Act

Women’s Soccer Team California Discrimination Lawsuits Trigger Athletics Fair Pay Act July 19, 2019. By Jane Mundy.

Santa Clara, CA: On the heels of the U.S. women's soccer team victory and two ongoing California labor law discrimination lawsuits, two Democratic senators have introduced legislation that calls for equal pay for female Olympic and national team athletes.


The two lawsuits filed against U.S. Soccer are both California labor lawsuits for violation of the equal pay act and discrimination against the U.S. Soccer Federation: a federal class action was filed in March 2019 by 28 members of the women’s national team citing gender discrimination

California Discrimination and Fair Pay Lawsuits




Both California labor lawsuits accuse the U.S. Soccer Federation of violating the equal pay act and discrimination, and both were filed in California where the women are employed when they meet for national team camp. Goalie Hope Solo in August 2018 filed a lawsuit claiming that the men's team received $9 million for losing early in their 2014 World Cup bid, but the women's team got only $2 million for winning the 2015 tournament. This amount translates to women getting paid 38 cents for every dollar paid to men. As well, Solo said that in the Olympics, the women's first team is paid on the same level as the men's backup team.


This discrepancy over fair pay has persisted despite plaintiff’s team:


• winning its third World Cup title on July 5, 2015

• post-Cup Victory Tour, which drew tens of thousands of fans to soccer stadiums across the U.S. and made tens of millions of dollars for the Soccer Federation

• snagging four World Cups and four Olympic gold medals

• holding the top spot in world rankings for the sport for 10 of the last 11 years.

• generating $50.8 million in revenue while the men's national team generated $49.9 million from 2016 to 2018


And 23 million viewers made it the most watched soccer game in American TV history.


US Soccer told a California federal court in late June that the women’s national team negotiated and agreed to the pay scheme that is being challenged as discriminatory.

The Athletics Fair Pay Act




Sens. Dianne Feinstein, D-Calif., and Patty Murray, D-Wash., introduced The Athletics Fair Pay Act, which would amend the US Code to require equal pay for men's and women's national athletic teams. "Despite the incredible advancements made by women in sports, female athletes in sports like soccer and hockey are paid significantly less than their male counterparts," Feinstein said in a statement and reported by CNN. This bill would update the Ted Stevens Olympic and Amateur Sports Act to mandate that national governing bodies in each Olympic sport pay female athletes "fairly and equally," the senators said. The proposed act would also require governing bodies to provide Congress with annual pay reports detailing the compensation of their amateur athletes. The senators also noted that the U.S. women's national ice hockey team in 2017 threatened to boycott before USA Hockey caved and gave them a pay raise.


California Discrimination and Fair Pay Lawsuit




A California federal judge won't let the U.S. Soccer Federation transfer the women's national team lawsuit to the Northern District of California, saying the federation has already argued that district is an improper venue, according to Law360. (The women's national soccer team sued in the Central District of California in March.)


U.S. Soccer argued to move the case to the Northern District per the first-to-file rule, which holds that multiple suits involving the same parties and allegations take place in the district where the first such suit was filed, saying that Solo's suit came first.


U.S. District Judge R. Gary Klausner told the federation that arguments it made to the Judicial Panel on Multidistrict Litigation (MDL) regarding combining the two lawsuits (Hope Solo and the women's team ) “fatally undermine its bid to move the latter suit to the Northern District, where Solo's lawsuit is ongoing. Judge Klausner wrote that if the two lawsuits are identical, as U.S. Soccer contends in the current motion, that same argument must apply to the team's lawsuit as well, and the first-to-file rule is not an absolute but a factor to be weighed with other considerations.


The women's national soccer team sued in the Central District of California in March. The judge wrote that the Central District has far more connections to the case, as the women's team plays and trains in the district and it's home to key witnesses. As well, he said that Solo's counsel has indicated she would move to transfer her case to the Central District.


The Solo case is Solo v. U.S. Soccer Federation, case number 3:18-cv-05215, in the U.S. District Court for the Northern District of California.
Read [ Women’s Soccer Team California Discrimination Lawsuits Trigger Athletics Fair Pay Act ]

Hewlett-Packard Enterprises Named in Gender Pay Discrimination Lawsuit

Hewlett-Packard Enterprises Named in Gender Pay Discrimination Lawsuit January 7, 2019. By Anne Wallace.
Santa Clara, CA In late 2018, R. Ross and C. Rogus filed a class action California unpaid wages lawsuit against Hewlett-Packard Enterprise (HPE) that describes a pattern of gender-based pay discrimination. It’s hardly news, you think, that tech giants underpay women.
Read [ Hewlett-Packard Enterprises Named in Gender Pay Discrimination Lawsuit ]

The New Year Rings in New Sexual Harassment Rules, Mainly Triggered by #MeTooMovement

The New Year Rings in New Sexual Harassment Rules, Mainly Triggered by #MeTooMovement January 4, 2019. By Jane Mundy.
Sacramento, CA:The #MeTooMovement has resulted in a number of new laws with the goal to make it easier for employees to report sexual harassment and for employers to have a voice in investigations concerning this and other California labor law violations. Most of these laws took effect January 1, and employers would be wise to become familiar with them.
Read [ The New Year Rings in New Sexual Harassment Rules, Mainly Triggered by #MeTooMovement ]

“Face of Channel 4 News” Fired -- Too Old to be Female on TV

“Face of Channel 4 News” Fired -- Too Old to be Female on TV December 13, 2018. By Anne Wallace.
Nashville, TN News anchor Demetria Kalodimos, who had repeatedly been named the Best Local Reporter and Best Local TV News Personality by the readers of the Nashville Scene, was abruptly fired by WSMV, Channel 4 on December 4, 2017. On November 27, 2018, she filed an employment lawsuit in the Middle District of Tennessee, alleging violations of the federal Age Discrimination in Employment Act (ADEA), the Tennessee Human Rights Act and Disability Act and Tennessee common law. Allegations concerning violations of the federal Civil Rights Act of 1964 are expected to follow.
Read [ “Face of Channel 4 News” Fired -- Too Old to be Female on TV ]

Google Employee Tagged as “Too Old” May Yet Have the Last Word

Google Employee Tagged as “Too Old” May Yet Have the Last Word October 23, 2018. By Anne Wallace.
San Jose, CA Cheryl Fillekes’s age discrimination lawsuit against Google alleges violations of the federal Age Discrimination in Employment Act (ADEA) and corresponding provisions of California labor law, the Fair Housing and Employment Discrimination Act (FEHA). Having cleared the hurdle of class action certification, it now appears poised to settle.
Read [ Google Employee Tagged as “Too Old” May Yet Have the Last Word ]

Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million.

Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. August 16, 2018. By Jane Mundy.
Oakland, CA: A California judge has given the green light to settle several California labor lawsuits alleging the retail giant violated California’s Private Attorneys General Act by failing to provide seating for more than 90,000 cashiers.
Read [ Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. ]

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