California Files Serious Employment Law Allegations Against Disney

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

Disney Faces Serious California Employment Law Allegations: 

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

Plaintiff in California Employment Law Case Seeks Unspecified Amount: 

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

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

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

A History of Harassment on the Job: Hostile Work Environment 

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

• Ridiculed him for being deaf in one ear

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

• Abused their power over him at work

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

Employee's Complaints About Harassment and Discrimination Silenced:  

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

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

ACLU of Southern California Faces Wrongful Termination and Discrimination Lawsuit

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

Alleged Discrimination at ACLU of Southern California:

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

The Allegations and the Damages:

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

An Alleged Hostile Workplace Environment:

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

The Plaintiff: Sarah O. Clifton

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

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

Disney Facing Discrimination, Harassment, and Wrongful Termination Claims

Douglas Keith Harris, a 57-year-old African American and former Disney employee, filed a California employment law lawsuit alleging discrimination, harassment, and workplace retaliation based on his age, disability, race, and veteran status. The discrimination and retaliation lawsuit was filed after Harris’ 32-year career with the company was abruptly terminated. 

Former Disney Employee Files California Discrimination Lawsuit:

Harris’ lawsuit seeks an unspecified amount of compensatory and punitive damages. The lawsuit is filed against Disney in Los Angeles and alleges that veteran Harris’s exemplary 32-year career suddenly ended after he was falsely accused of brandishing a firearm at work to another co-worker. Harris claims there is no evidence that he had a gun at work. 

History of Discrimination in the Workplace:

The complaint outlines an alleged history of discrimination in the workplace. According to Harris, his younger superiors regularly mocked him for his disability (being deaf in one ear) and frequently advised him to retire. Harris also claims that his superiors abused their power over him to change his schedule when he returned after a surgery – assigning him the graveyard shift. In January 2020, Harris’ discrimination and harassment complaints ended with the accusation that he brought a gun into the workplace.  

Disney’s Response to the Accusation Against Harris:

Harris claims that instead of speaking to him after the accusation was made, Disney instead contacted the police. As a result, Harris’ car and belongings were searched. The officers did not find a gun or any other weapons. Disney ignored Harris’ pleas that he did not bring a gun to work and did not have a gun, and immediately suspended him. Harris claims Disney treated him like a criminal, and he suffered extreme emotional distress. One week later, Disney fired Harris.

Allegations Include Discrimination, Harassment, and Retaliation:

Harris’ lawsuit alleges Disney violated California labor in several ways: discrimination, harassment, retaliation, wrongful termination, and defamation. Harris claims the employment law violations were based on race, veteran status, and disability.

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

Lawsuit Against LA Sparks, Ex-GM Claims Wrongful Termination

Former Los Angeles Sparks general manager, Toler, filed a wrongful termination lawsuit in the California Superior Court in Los Angeles County against both the franchise itself and the former COO Christine Simmons. Proceedings for the wrongful termination case are scheduled to start August 20th, 2020. 

Former General Manager Filed Wrongful Termination Complaint:

Toler, LA Spark’s former general manager, filed the wrongful termination lawsuit in March 2020, right before the courts were shut down in response to California’s emergency declaration due to the Covid-19 pandemic. The discovery phase of the case begins in August 2020. Toler claims that LA Sparks managing partner, Eric Holoman, wrongfully terminated her in October after an ESPN report that Toler used the “N-word” in the locker room after a playoff loss.

Toler Claims Termination Stemmed from Confrontations Regarding Toxic Work Environment:

Toler claims that the media report was used as an excuse to terminate her from her position, but that she was actually fired because she persisted in confronting the toxic work environment created due to an affair between Holoman and Simmons and alleged sexual misconduct on the part of Brian Agler, the team’s former head coach.

Calling the WNBA Out for Silence on the Toler Issue Amidst Black Lives Matter Movement:

Toler’s claims pit one of the WNBA’s original executives against the franchise she ran for decades and calls the leagues handling of Agler, its commitment of equity, and its support of equality into question. Toler’s attorney questions whether the WNBA can have an honest conversation about race and equality in the WNBA without looking into the issues of the Toler wrongful termination case. Toler’s legal counsel also pointed out that it’s shocking to hear the silence from the WNBA on the Toler issue while they simultaneously make comments about Black Lives Matter and equality…he suggests they look to their own house first.

The History of the Toler Wrongful Termination Case:

According to Toler, Simmons’ presence in the organization after resigning as COO in December 2018 created difficulty for Toler to perform her duties as a general manager. After leaving the Sparks for positions as COO of the Academy of Motion Picture Arts and Sciences and as regent for the University of California system, supposedly continued the extra-marital affair with Holoman, Sparks managing partner, and a close friendship with Candace Parker (franchise star). Toler was left with Holoman as the cause of her difficulties on the job, as well as the only person she could turn to for help with the problem. Toler also claims that she was inhibited while attempting to construct the Sparks roster because it was made clear to her that Parker was off-limits in any trade discussions. Toler alleges gender discrimination, retaliation, breach of contract, wrongful termination, non-payment of wages, and unfair business practices.

If you need to file a discrimination lawsuit or if you need to discuss other employment law violations, don’t hesitate to get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Increased Termination and Discrimination Lawsuits on the Horizon Due to Coronavirus

In response to the Covid-19 pandemic, many companies furloughed or laid off some or all of their workforce. The trend already spurred employment lawsuits throughout the nation, and many expect more to follow – particularly when employees start returning to the workplace.  

Recent Covid-19 Labor and Employment Litigation Trends:

The Covid-19 pandemic, and the recommendations issued by the government regulatory agencies concerning flattening the curve, etc. created unprecedented situations for California’s workforce. These unusual situations are leading to recognizable trends in the courts.

WARN and Mini-WARN Litigation:

According to the federal WARN Act, in certain circumstances, employers with 100 or more employees are required to provide at least 60 days’ notice before implementing a mass layoff of closing down. Failing to provide the required notice can result in employees seeking back pay and penalties. According to the mini-WARN act enacted in California, a mass layoff is defined as laying off at least 50 employees within 30 days or the closing/relocation of a commercial/industrial facility with 75 or more employees.

Wrongful Termination:

California employers facing uncertainty about the economy are letting employees go, and some of these employees are responding by filing wrongful termination lawsuits. As the pandemic drags on, more wrongful termination lawsuits are filed. For instance, workers terminated after requesting to work from home in compliance with local recommendations and stay home orders are filing wrongful termination lawsuits. In this situation, workers may allege that the employer’s refusal to allow telecommuting violates state policy and attempts to require the employee to act criminally by reporting to work against local orders. When the employee refuses to comply with the employer’s request to go against local orders, and the employer fires them, the employee claims they were terminated for refusing to break the law at the request of their employer. Other employees claim they were fired for complaining about the lack of proper safety equipment, for advising co-workers that they were not being provided with adequate safety equipment, or for being uncomfortable (and vocal about it) when co-workers reported to work with Covid-19 symptoms.

Discrimination and Harassment Claims:

Some employees are filing discrimination claims questioning why they were selected for adverse employment actions like layoffs, cut hours, termination, etc. Some employees claim discrimination based on age, pregnancy, gender, etc. More discrimination lawsuits are expected to arise from the Covid-19 pandemic when employers start to require employees to return to work.

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

Former Amazon Manager Claims She Searched Social Media of Job Applicants to Determine Race and Gender

Lisa McCarrick, former Amazon Manager, sued the massive online retailer, alleging Amazon fired her because she raised concerns about scouring job applicants' social media to determine their race and gender during the application process. McCarrick, 38-year-old, claims that her supervisor required her to search applicants' social media, and when she complained about the practice, she was fired from her position at the company.

Former Amazon Manager Files Suit for Various Employment Law Violations:

McCarrick is a resident of Rocklin, which is located about 20 miles outside of Sacramento. McCarrick's California wrongful termination lawsuit against Amazon was filed in the Superior Court of California, Alameda County. McCarrick alleges retaliation, wrongful termination, failure to prevent discrimination in the workplace, and violations of California's labor code.

Allegations of California's Equal Pay Act Violations:

McCarrick is also suing Amazon for violating California's Equal Pay Act, claiming that she was paid significantly less than male co-workers who performed similar job duties. Amazon hired McCarrick as a Loss Prevention Manager in July 2018. Five months later, she was promoted to a regional manager position. According to the lawsuit, McCarrick's new supervisor told her she needed to search social media profiles of any prospective new hires with the express purpose of determining "race/ethnicity and gender."

Amazon Previously Faced Lack of Diversity Claims:

McCarrick was aware of previous criticism of Amazon due to lack of diversity in the workplace, and she thought the requirement to search out race and gender based on job applicants' social media was unlawful. Her concerns led her to submit a written complaint in September. In the written complaint, she also noted the gender-based pay disparity.

McCarrick Claims She was Wrongfully Terminated from Her Job:

Within two months of submitting the written complaint, McCarrick was called into a meeting with human resources and the Director of Loss Prevention. She was informed that she was terminated from her position with the company. During the same meeting, her direct supervisor admitted to using social media to determine the race and ethnicity of prospective new hires. The Loss Prevention Director allegedly attending the meeting advised McCarrick that while her male co-workers did make more money than her…" that happens all the time at Amazon." During her time at the company, McCarrick always received positive performance evaluations. Still, at the time of her termination, the reason cited for her firing was that she did not meet expectations.                                                         

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

Famed California Art School Faces Wrongful Termination Lawsuit from Estate of Former Otis College Director

The estate of former Otis College Director, Bruce W. Ferguson sued famed California art school, Otis College of Art and Design, alleging wrongful termination. Ferguson passed away in 2019 after amassing numerous notable career achievements during his lifetime.

About Former Otis College Director, Curator Bruce W. Ferguson:

In 1993, Ferguson founded the art space SITE Santa Fe, a destination in New Mexico, and organized parts of editions of the Venice Biennale, the Bienal de São Paulo, and the Biennale of Sydney. His final professional position was president of the Otis College of Art and Design. His time at the famed California art school ended only months before he died at age 73, but controversy abounds now that he is gone. 

The Former Director's Estate Files a Wrongful Termination Lawsuit:

Ferguson's sister, Anne Marie Ferguson, filed a lawsuit in the Western Division of the United States District Court for the Central District of California. The lawsuit alleges that the school forced Ferguson out of his position, discriminating against him due to his illness associated with his pancreatic cancer diagnosis. When filing, Anne Marie Ferguson listed the school as well as "Does 1 to 10" as defendants. The designation "Does 1 to 10" refers to various John or Jane Does that may be added to the suit as the case progresses.

Allegations Made in the Wrongful Termination Lawsuit:

Ferguson's sister claims that the famous art school rushed to fire him due to his disability and need for accommodations. According to the suit, the Otis College board's claims of poor performance were a fabricated "pretext" to justify firing Ferguson. One of Anne Marie Ferguson's attorneys said he's never seen…" an employee get a raise, a diagnosis of cancer, and then fired all within a matter of months."

Ferguson's History on the Job at Otis: 

Ferguson took the job as President at Otis in 2014 and was diagnosed with cancer in 2018. In early 2019, Ferguson privately disclosed his illness to Gail Buchalter, the chair of Otis's board. Last February, he advised Otis faculty of his diagnosis. A group of faculty members submitted a letter of "no confidence," citing low morale at the school and the need for transparency in leadership. (The former director's estate regards this letter as the pretext the school used to justify Ferguson's dismissal). Last March, Ferguson was preparing to undergo chemotherapy when he was placed on administrative leave. According to the suit, one board member told him he was "axed."

The Estate Claims Otis Violated Employment Law:

According to the estate's attorneys, the school's actions violate the Fair Employment and Housing Act, which protects workers from discrimination based on race, gender, sexuality, religion, or disability, as well as the American's with Disabilities Act. In addition to discriminating against Ferguson due to his diagnosis and perceived disability, the estate alleges retaliation.

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