Undocumented workers whose rights have been violated have long feared that the Courts would not offer them protection. This fear was heightened in 2002, when the United States Supreme Court decided in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board that undocumented workers should not be awarded damages for unfair employment practices because this […]
A BART employee who had complained about racial harassment by a co-worker and systemic race discrimination brought suit against his employer. Years after the case was originally filed, partners Darci Burrell and Jean Hyams were brought on to take the case to trial. With only a few months to prepare, Darci and Jean worked feverishly to muster the evidence and prepare the legal arguments that would help prove that BART should be held responsible for the retaliation and harassment suffered by its employee. The jury found in his favor on all counts, in a clear vindication of the mechanic’s rights.
Partner Sharon Vinick represented an African American woman who alleged that she had been discriminated and retaliated against due to her race and gender, while she was a neurosurgery resident at UCSF. Following her termination for alleged poor performance, Sharon filed suit on her behalf, alleging claims for discrimination, retaliation, and breach of contract. After extensive litigation, the case settled on non-confidential terms.
Partners Darci Burrell and Leslie Levy represented a 27-year employee of the City of Emeryville after she was terminated from her job following a psychiatrist’s report that she was “unfit for duty.” The employee, who was chief union steward at the time of her termination, had challenged racial discrimination, harassment, and unfair treatment by City management throughout her career. Darci and Leslie charted new legal territory in this case by bringing a claim against the psychiatrist, Dr. Stephen Raffle, for “aiding and abetting” the City in retaliating against their client for her years of anti-discrimination advocacy on behalf of herself and others. On the eve of the jury trial, Emeryville agreed to pay an estimated $3.6 million in damages and attorney’s fees to settle the case. The settlement was a vindication for the employee and restored her good name.
Partner Leslie Levy filed a complaint on behalf of a disabled African American woman who was employed at a Bay Area nursing home facility. The employee was denied approved disability leave and subjected to differential treatment because of her race. Additionally, the employer failed to provide basic accommodations for the employee, such as wheelchair accessible […]