Harassment

Sharon Vinick Interviewed for Washington Post Article on NFL Cheerleaders’ Legal Claims

LVBH Partner Sharon Vinick was recently interviewed for an article that just appeared in the Washington Post regarding former cheerleaders of the Washington Football Team who have filed a lawsuit alleging that the team created lewd videos using outtakes from swimsuit calendar photographic sessions. Ms. Vinick, who brought successful wage-theft lawsuits on behalf of cheerleaders against the Oakland Raiders and the New York Jets, discusses the merits of the case as well as the potential hurdles the former cheerleaders face. According to Ms. Vinick, while the women may have signed a release to allow the team use their pictures for the calendar, they may still have a case. “There is no reasonable expectation that when these women are signing away the rights to their images that they signed them away to be sliced and diced into a porn video,” opined Ms. Vinick.

LVBH Teams Up With National Women’s Law Center to Fight Sexual Harassment and Assault

Levy Vinick Burrell Hyams LLP, along with the National Women’s Law Center, a renowned women’s rights organization, represents three women workers at a cable industry manufacturing plant in San Diego in their claims for sexual harassment, including one woman who was sexually assaulted. The plaintiffs are women of color who worked as cable assemblers for CableConn Industries, Inc.

Despite fear of retaliation, the women reported sexual harassment to CableConn management. As alleged in the complaint filed in San Diego Superior Court, instead of appropriately investigating or addressing its supervisors’ misconduct, CableConn— including its CEO and President, protected the two supervisors, allowing them to remain in positions where they used their power continue harassing the three women. CableConn also retaliated against the workers and constructively discharged two of the women, all while claiming to help them.

The lawsuit also seeks damages for violation of California’s wage and hour laws, including failing to provide the women with legally required meal breaks and forcing them to work more than 10 consecutive hours without appropriate compensation.

Rape Survivor’s Lawsuit Leads to New Rules for Preventing Sexual Assault for Major School District

As part of the settlement of a high-profile Title IX lawsuit brought by Virginia M., a former student, the Sacramento City Unified School District has agreed to sweeping programmatic changes in how it will respond to reports of sexual assault and harassment. Signed by the Superintendent of the District with the authorization of the District’s Governing Board, the new policies will impact nearly 50,000 students attending schools in the District.

After Levy Vinick Burrell Hyams LLP and its co-counsel, Equal Rights Advocates, filed suit in state court, the District paid a monetary settlement of $400,000 to the student in the fall of 2019. However, the settlement required more than money. It also required SCUSD to work with Equal Rights Advocates to draft, implement, and monitor progress of new policies for responding to reports of sexual assault and harassment. After months of further negotiations, a comprehensive programmatic agreement has been reached, including expanded training for students and staff, increased support services and protections for students, and at least one on-site Title IX specialist at every school in the District.

The suit which brought about these programmatic changes, alleged that when school officials found out about the rape, they effectively suspended the victim, escorting Virginia off campus and directing her not to return for the rest of her Junior year. Meanwhile, the two students who raped her remained in school completely unaffected. According to the lawsuit, school officials broke several federal and state laws, including Title IX, the federal law banning gender discrimination in education by: failing to inform Virginia of her rights; discouraging her from taking legal action; failing to provide any academic support or counseling; failing to provide options for avoiding her assailants at school (other than kicking her out); not conducting a Title IX investigation; failing to take effective action to stop the bullying, threats, and harassment she experienced when she returned to school; and failing to provide any accommodations for the resulting trauma symptoms that interfered with her education.

The lawsuit received media attention and resulted in hundreds of students protesting how the District handled sexual harassment. With the momentum of the #MeToo movement driving industries, communities and governments to change how we address sexual harassment, students joined the fight for meaningful change. Virginia was committed to making sure what happened to her never happened again, and insisted that part of the settlement include SCUSD’s commitment to genuine culture change and best practices by entering into a separate agreement with ERA to assess and revise SCUSD’s policies, procedures and practices related to discrimination and harassment.

Additional highlights from the newly signed agreement include:

SCUSD agreed to limit the rights of police officers and school administrators to question students – including the accused – without their parents and/or a support person of their choosing present.
Counselors and support people who are trained and experienced in how sexual violence affects K-12 students specifically
Interactive, and student-led trainings for students about affirmative consent and how to recognize and report sexual harassment, sexual assault, and other gender-based harassment
An annual Climate Survey assessing from students, parents and teachers the prevalence of gender-based discrimination that will include mechanisms to asses students’ attitudes and knowledge of their rights, whether gender-based discrimination was underreported and why, and how experiences of gender-based discrimination interfere with students’ education
SCUSD’s commitment to genuine culture change and best practices (not just legal compliance)
Policies that address ALL gender-based conduct (including discrimination targeting LGBTQI+ students) both on campus and off.
SCUSD will affirmatively and regularly check-in with the victim-student during and after the investigation, irrespective of the ultimate findings of the investigation, to determine whether further gender-based discrimination has occurred or whether additional supportive measures are needed
ERA will monitor SCUSD’s progress, compliance and the effectiveness of changes implemented under the agreement for three years

This is a significant victory for the students of SCUSD and the District has promised to comply with both the letter and the spirit of Title IX and analogous California laws. LVBH thanks and congratulates Equal Rights Advocates for their continuing commitment to fight for gender justice in workplaces and schools across the country.

Women’s Rights, Media and First Amendment Leaders File Amicus Briefs Supporting LVBH client in #MeToo Appeal

Pamela Lopez was one of 150 women in California politics who spoke out about the culture of sexism in the State Capitol back in October of 2017, when the #MeToo movement was gathering steam. But she didn’t know she would be caught in the crosshairs of the #MeToo backlash. Ms. Lopez has been sued by Matt Dababneh, at the time a sitting state Assembly member, because she accused him of sexual assault in a complaint to the State Assembly and in statements to the press. Despite the fact that multiple other women also came out to accuse him of sexual harassment, and despite the fact that her allegations were substantiated by the State Assembly, Dababneh sued her for defamation, claiming that her accusations were knowingly false.

Ms. Lopez is now at the court of appeal, arguing that Dababneh’s lawsuit should be dismissed because it is a meritless lawsuit designed to chill her and other survivors of sexual assault and harassment from speaking out against powerful perpetrators.

Levy Vinick Burrell Hyams LLP is proud to represent Ms. Lopez in defending against this strategic lawsuit against public participation (known as a “SLAPP”). And we are heartened by the outpouring of support from influential friends of the court — First Amendment and women’s rights groups — who have submitted amicus briefs supporting Ms. Lopez and urging the Court of Appeal to throw Dababneh’s lawsuit out of court in its entirety.

Women’s rights organization Equal Rights Advocates, represented by Reed Smith, has filed an amicus brief explaining that if Dababneh prevails, then anyone who accuses any high-profile figure of misconduct can be sued for defamation simply if the accused denies it. This will push sexual assault survivors back into the shadows, undoing the important progress of the #MeToo movement, emboldening perpetrators and endangering the women, trans people, men and children they target.

The ACLU of Northern and Southern California, represented by Munger, Tolles, and Olsen, have also filed an amicus brief, pointing out that public attention — through statements to the press — is critical for legislative advocacy. If Ms. Lopez can be sued for remarks she made to the press in connection with a campaign to end sexual harassment in the Capitol, the ACLU and other organizations that uphold civil rights would similarly be hamstrung in doing its job of advocating for policy change.

The Reporter’s Committee for Freedom of the Press, along with 13 other media organizations and represented by the University of Virginia’s First Amendment Clinic, filed an amicus brief focusing on the “fair report” privilege. This privilege is meant to protect people like Pam Lopez who tell the press about the contents of an otherwise privileged communication — such as Ms. Lopez’s complaint to the Assembly. If this privilege were weakened, then the media would not be able to do its job without fear of lawsuits.

And law professor Dr. Mary Anne Franks, a First Amendment expert, along with the Cyber Civil Rights Initiative, represented by Davis, Wright Tremaine, filed a brief emphasizing the important First Amendment rights at stake, and urged the court of appeal not to rely on sexist stereotypes or assumptions about sexual assault.

Pamela Lopez is represented by Jean Hyams and Hilary Hammell of this law firm, joined on appeal by Mark Goldowitz of the California Anti-SLAPP Project.

LVBH and Equal Rights Advocates settle with Sacramento Unified School District

Sacramento City Unified School District settled a high-profile sexual assault lawsuit, agreeing to district-wide policy improvements and to pay $400,000 to former student Virginia,* after school official forced Virginia to leave school for the rest of the semester upon discovering she was raped by two schoolmates at an off-campus party in 2016.

The lawsuit, filed March 2018 by Equal Rights Advocates and Levy Vinick Burrell Hyams LLP, names SCUSD, and individual McClatchy High School officials. The suit alleges that when school officials found out about the rape, they effectively suspended Virginia, escorting her off campus and directing her not to return for the rest of the school year. Meanwhile, the two students who raped her remained in school.

According to the lawsuit, school officials broke several federal and state laws in Virginia’s case, including Title IX, by denying her equal access to education; failing to inform her of her rights; discouraging her from taking legal action; failing to provide any psychological resources or counseling; failing to provide options for avoiding her assailants at school (other than kicking her out); not conducting an adequate Title IX investigation; and failing to take effective action to stop the bullying, threats, and harassment she experienced when she returned to school or provide any accommodations for the resulting trauma symptoms that interfered with her education.

To help ensure this does not happen to other students, SCUSD has agreed to work with Equal Rights Advocates to draft, implement, and monitor progress of new policies for responding to reports of sexual assault and harassment. These changes will impact49,000 students who currently attend schools in the district.

* Last name not provided to protect the student’s identity.

Vanguard Properties Faces Prosecution by National Labor Relations Board and Civil Lawsuit for Allegedly Firing Employee Over Leading “Mutiny” Against Unpaid Overtime and Sexual Harassment

March 12, 2020 –The National Labor Relations Board has issued a complaint against San Francisco-based Vanguard Properties, a luxury real estate company, for terminating its Social Media Specialist because she discussed working conditions at the company with co-workers. The NLRB complaint also alleges that Vanguard told employees that they were prohibited from talking about terms and conditions of employment and threatened to terminate employees because of union and/or protected concerted activities.

Today, the employee, Melissa Ramos, filed a separate lawsuit in San Francisco Superior Court alleging wrongful termination based on the California law that prohibits employers from retaliating against workers for speaking openly with each other about problems in the workplace. The complaint [Melissa Ramos v. Vanguard Properties], describes a work environment where Ms. Ramos was expected to work long hours without overtime or breaks and where she was subjected to a barrage of sexual and racial harassment.

The complaint filed by Ms. Ramos alleges that the company did not take steps to stop harassment even after it learned that a male employee showed Ms. Ramos nude pictures of himself on his phone and sent her inappropriate text messages. Ms. Ramos, who is bi-racial and wears her hair in natural curls, also alleged that another employee repeatedly asked to touch her hair and at one point grabbed it and pulled her head back. This case comes in the wake of Gov. Gavin Newsom recently signing into law a bill putting into place legal protections for people who wear natural hairstyles.

On July 17, 2019, according to the complaint, two company directors and a manager called Ms. Ramos into a meeting where they accused her of trying to lead a “mutiny,” questioned her aggressively to identify the employees with whom she had discussed working conditions, demanded she provide a copy of the memo they had been drafting, and threatened her with termination if she continued collaborating with her co-workers to address working conditions.

“Employees have an absolute right under California law and federal law to talk to each other about working conditions and to work together to try to address problems in the workplace. Good employers actually welcome feedback from their employees. We are going to court to prove that firing someone for speaking up won’t fly. Not in San Francisco.” said Sharon Vinick of Levy Vinick Burrell Hyams LLP, the law firm representing Ms. Ramos.

Ms. Ramos was shocked by the real estate company’s decision to terminate. “When some of my co-workers told me they were afraid that management would retaliate, I worried. But, I knew nothing would change unless we spoke up. And I hoped that if we spoke with one voice, management would listen. Instead they did the worst they could to me,” said Ramos, who once worked as a union organizer. She went on to add, “I am hoping the NLRB and the courts will teach Vanguard Properties that employers have to abide by the law.”

Ms. Ramos is represented by Levy Vinick Burrell Hyams LLP, an Oakland law firm devoted to representing employees in workplace disputes. For further information regarding the lawsuit, visit www.levyvinick.com or call Sharon Vinick at 510-318-7700.

A copy of the lawsuit is also available upon request.

Former On-Air Reporter Sues KCBS, Alleges Station Terminated Her for Reporting Sexual Harassment

February 25, 2020 – Long-time reporter Sheryl Raines, whose on-air traffic coverage for the station spanned nearly three decades, is suing KCBS Radio, which is owned by Entercom Communications Corp. Raines alleges the San Francisco radio station terminated her in retaliation for repeatedly reporting that a male radio engineer was sexually harassing women working in the newsroom. The complaint [Sheryl Raines v. Entercom Communications Corp.] which was filed in San Francisco Superior Court earlier today, alleges that KCBS told Ms. Raines that she was being terminated because the station wanted a “different sound,” but then replaced her with another woman “whose on-air voice is startlingly similar to that of Ms. Raines.”

“Anyone who has driven in Bay Area traffic trusts Sheryl’s voice. In this case, she used her voice to speak up for women in her workplace. We intend to prove that instead of listening and taking action to stop the harassment, KCBS fired the messenger and protected the harasser. That’s against the law,” said Sharon Vinick of Levy Vinick Burrell Hyams LLP, one of law firms representing Ms. Raines.

Ms. Raines, who began working for KCBS as an on-air traffic reporter in 1993, says she was devastated by the termination. “I devoted my whole career working for KCBS and I loved the work and bringing the news to our listeners every day. Then the newsroom turned into hostile territory for women and I tried to get management to do something. Never in my wildest dreams did I think that I would get fired for making these reports,” Raines explained.

Ms. Raines is represented by Levy Vinick Burrell Hyams LLP and the Law Offices of Jeannette A. Vaccaro, two law firms devoted to representing employees in workplace disputes. For further information regarding the lawsuit, visit www.levyvinick.com or www.jvlaw.com or call Sharon Vinick at 510-318-7700.

A copy of the lawsuit is available below.

Sheryl Raines v. Entercom Communications Corp.