Harassment

Fair Housing Council honors Leslie Levy with Unsung Heroine Award for pioneering work to combat sexual harassment in housing

February 17, 2023 – The Fair Housing Council of San Diego has announced Leslie Levy as a recipient of the 2023 Unsung Heroine Award, which will be presented during their annual Fair Housing Laws and Litigation Conference. In the Council’s statement announcing this honor, Executive Director Mary Scott Knoll said:

“In the beginning, there was Leslie Levy, a young, brilliant attorney, unpretentious in manner, fierce in her advocacy for and support of women’s civil rights and a pioneer in the truest sense of the word, cracking brick walls with breakthroughs in the field of sexual harassment, working tirelessly and litigating flawlessly on behalf of sexual harassment victims. You set the early pace for the race towards justice for these victims.”

Please join Levy Vinick Burrell Hyams LLP in congratulating Leslie for this well-deserved award.

LA Times calls on Wendy Musell to discuss the impact of a sexual misconduct settlement

Screenshot of LA Times article on sexual misconduct settlement

The Los Angeles Times interviewed LVBH attorney Wendy Musell for an article regarding how the California Assembly handles confidentiality in investigations of sexual misconduct by legislators and others. The article focuses on the Assembly turning over witness identities as part of its settlement of a lawsuit by a former California Assemblymember who stepped down after allegations of sexual abuse.

Prompted by the #MeToo movement, many women came forward with stories of harassment relying on the ability to do so confidentially. After LVBH client Pamela Lopez accused Matt Dababneh of inappropriate behavior, 52 people were interviewed as part of a confidential investigation that substantiated the misconduct. Dababneh, in turn, sued the Assembly saying he had a right to know the identities of his accusers.

Wendy, who has testified at the Capitol on multiple occasions, said she believes this decision will dissuade women from reporting sexual harassment, stating, “It’s absolutely going to have a chilling effect,” she said. The accusers “didn’t want to be in that position in the first place,” she continued, adding “[a]nd then to learn at the end of the day that the person that you had the courage to come out and complain about is going to get a list of you and everybody else who provided statements, that is absolutely going to discourage people from coming forward.”

LVBH client settles lawsuit against San Rafael City Schools

Colored pencils with "Equality" written out — *Shutterstock*

June 6, 2022 – Juan Rodriguez, a beloved principal at Venetia Valley School, has settled a discrimination and retaliation case that he brought against San Rafael City Schools (“SRCS”). SRCS has agreed to pay $725,000 to settle Mr. Rodriguez’s claims.

The lawsuit, filed in September 2020, alleged that the Superintendent and Board of San Rafael City Schools discriminated against Mr. Rodriguez based on his race and national origin, and because of his vocal advocacy on behalf of Latino students and his efforts to achieve racial equity within the San Rafael City Schools. The suit further alleged that as a result of Mr. Rodriguez’s complaints about unlawful discrimination, the District retaliated, defamed him and demoted him in March 2020, which led to his eventual departure from the District.

As Principal of Venetia Valley K-8 school since 2012, Mr. Rodriguez had consistently advocated for practices intended to minimize or eliminate racial and ethnic bias in the school system. The Venetia Valley School largely serves the Spanish-speaking students. During his tenure as principal, Mr. Rodriguez instituted changes that elevated the school from one of the lowest performing schools in Marin County to a California Gold Ribbon School. He received numerous accolades for his work in the district. Despite both subtle and overt opposition from the District, during his tenure, Mr. Rodriguez introduced programs intended to address issues which he reasonably believes were caused by racial bias. In response, the superintendent and its board repeatedly retaliated against Mr. Rodriguez and eventually demoted him from principal to teacher.

Juan Rodriguez shares his reflections,

I brought this lawsuit on the grounds that SRCS was engaging in discriminatory practices against socio-economically disadvantaged Latino students and because my advocacy on their behalf resulted in ongoing retaliation that included my removal from the role of principal. My hope is that as a result of this lawsuit, SRCS will take meaningful steps to address systemic racism, and create an atmosphere that supports and provides equal resources for students of color.
My work with the greater Latino community was inspired by my own journey through higher education, as a first-generation Latino student. I was fortunate enough to have mentors who validated my identity and who opened up the world to me, so that I could see beyond my barrio and imagine possibilities. My hope was to provide this same source of light and support for the students of SRCS for many years to come. Nevertheless, I remain a committed educator and advocate for educational equity.

Mr. Rodriguez was represented by Leslie Levy and Leticia Chavez of Levy Vinick Burrell Hyams, LLP, a boutique law firm in Oakland that represents individuals in workplace disputes. Ms. Levy commented on the lawsuit:

“It has been an honor to represent Mr. Rodriguez in this matter. While the settlement provides closure for our client, we remain seriously concerned about the incompetency and inappropriate conduct by the District’s Human Resources department. Furthermore, we are concerned that the District will not see this lawsuit as a wake up call to adequately address the needs and rights of students of color.”

For further information regarding the matter, visit www.levyvinick.com or call Leslie Levy at 510-318-7705.

LVBH clients featured in Berkeleyside article

A screenshot of the Berkeleyside website

Berkeleyside published an article discussing a lawsuit filed by LVBH on behalf of three women against their employer, Berkeley Unified School District. In the lawsuit, the female custodians allege claims of sexual harassment, gender discrimination, and retaliation, as well as failure to prevent harassment and discrimination. As the article notes, this is the second lawsuit in three years regarding inappropriate and unlawful behavior within the Berkeley High School custodial department.

LVBH attorney Jean Hyams was interviewed for the article, saying “It does seem as though there is this small cadre of cronies in that department, who are all male, and have been running the place for quite some time, and they’re protecting each other.”

LVBH wins appellate victory for courageous #MeToo survivor

Sacramento, CA, October 1, 2021 – Today, the California Court of Appeal, Third Appellate District, ruled that a former member of the California Assembly cannot sue the woman who accused him of sexual assault. In holding that the fair report privilege applies in the case of Dababneh v. Lopez, the court’s ruling protects survivors who report assaults perpetrated by government officials.

In 2017, lobbyist Pam Lopez provided testimony to the California Assembly about Matt Dababneh sexually assaulting her in 2016. She then spoke at a press conference about the information she had provided to the Assembly. Dababneh sued Lopez for defamation based on her testimony to the California legislature and statements she made at a press conference. The case is one of the many examples where alleged perpetrators of sexual misconduct use the law to try to sue survivors into silence. The court’s decision today that the fair report privilege applies to Lopez’s remarks to the press, makes clear that survivors who speak to the press about misconduct they have reported have the right to be heard without the threat of being sued by the accused perpetrator of their assault. In ruling in Lopez’ favor, the Court of Appeals instructed the lower court to grant Lopez’ motion to dismiss the case in its entirety and to cover Lopez’ attorney’s fees for having to mount a defense.

Pam Lopez responded to the court’s decision, “Today’s ruling reinforces that we will not be silent. As we have learned since 2017, this abuse occurs in every institution where men wield power. When you look at me, know that there are thousands of other survivors who want to speak out.” Since first speaking out, Lopez has founded Work Equity, a peer network to support survivors to fight against sexual harassment and assault.

“The court’s decision is a victory for a courageous survivor who came forward and reported an assault by a powerful government official,” said Jean Hyams of Levy Vinick Burrell Hyams, LLP, attorneys for Ms. Lopez. “When Ms. Lopez came forward years ago, it took courage for her to tell her story and seek justice. Today, the court has sent a message that survivors have a right to report what happened to them to the institutions charged with protecting against abuse, and to report through the press what they have done so the powerful can be held accountable. Survivors need to be able to use their voice to change institutions that have too long protected the powerful and to speak out about abuse, regardless of the title or position of their accuser or legal maneuvering they attempt to use to stop justice.”

The TIME’S UP Legal Defense Fund helped to fund part of Lopez’s defense in this case. “We are proud that we were able to help Pam Lopez after she bravely spoke up,” said Sharyn Tejani, Director of the TIME’S UP Legal Defense Fund. “Survivors should be able to come forward without the fear of the legal system being used against them.”

In addition to financial support from the TIME’S UP Legal Defense Fund, Lopez drew support from a number of public interest legal organizations in her defense of her right to speak out. Mark Goldowitz of the the California Anti-SLAPP Project was co-counsel on the appeal and numerous organizations and individuals filed amicus briefs in support of Lopez, including Equal Rights Advocates, ACLU of Northern and Southern California, The Reporter’s Committee for Freedom of the Press and the Cyber Civil Rights Initiative. LVBH attorney Hilary Hammell argued the case on appeal.

About Levy Vinick Burrell Hyams

Levy Vinick Burrell Hyams represents survivors of harassment, discrimination and retaliation, along with all workers, in lawsuits for violations of civil rights.

About California Anti-SLAPP Project

CASP is a public interest law firm and policy organization dedicated to fighting Strategic Lawsuits Against Public Participation (SLAPPs) in California.

About The TIME’S UP Legal Defense Fund

The TIME’S UP Legal Defense Fund supports individuals who’ve experienced sexual harassment or retaliation at work to come forward to seek justice – and to protect others from similar behavior.

LVBH settles harassment, discrimination, and retaliation case against the FBI

Levy Vinick Burrell Hyams LLP, along with co-counsel Kaupp and Feinberg, has resolved a hard-fought case against the Federal Bureau of Investigation on behalf of a high-ranking woman currently serving as an FBI agent. The allegations focused on a squad of male agents who subjected her to sexual harassment and the retaliation that followed after she reported it. She was also denied promotions and removed from ancillary duties as part of the retaliation. She brought claims of sexual harassment, gender discrimination and retaliation under Title VII.

As part of the settlement, the FBI agreed to transfer the agent to the preferred squad she had sought, reinstated ancillary duties which they had removed from her, and clear unmerited negative comments from her record. The agency will also pay $1,205,000 as part of the resolution, including one million dollars of attorneys fees and costs based on three years of litigation.

Photo by Mark Van Scyoc / Shutterstock.com

School principal files lawsuit for discrimination, retaliation, and defamation against San Rafael City Schools

Juan Rodriguez, an educator in the school district for over 19 years, filed the lawsuit alleging that the San Rafael City Schools Superintendent and Board discriminated against him based on race and national origin discrimination, and because of his vocal advocacy for the racial equity within the San Rafael City Schools. As a result, the District retaliated and defamed him and demoted him in March. As Principal of Venetia Valley K-8 school since 2012, Mr. Rodriguez had consistently advocated for practices intended to minimize or eliminate racial and ethnic bias in the school system. The Venetia Valley School largely serves the Spanish-speaking students of the district. During his tenure as principal, Mr. Rodriguez instituted changes that elevated the school from one of the lowest performing schools in Marin County to a California Gold Ribbon School. Despite both subtle and overt opposition from the District, Mr. Rodriguez introduced programs intended to address issues which he reasonably believes were caused by racial bias. In response, the superintendent and its board have repeatedly retaliated against Mr. Rodriguez for his advocacy on behalf of staff and students of color.

Even though there was overwhelming community support for Mr. Rodriguez, the School Board demoted him stating that there were “compelling reasons.” They have yet to clarify what those compelling reasons are.

Mr. Rodriguez is represented by Leslie Levy of Levy Vinick Burrell Hyams LLP, a boutique law firm in Oakland which specializes in representing employees in workplace disputes.