Retaliation

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.”

Special Agent with over 25 years of experience in law enforcement sues California Department of Justice, alleging gender discrimination and retaliation at California Bureau of Investigation

April 15, 2022 – Special Agent in Charge R. Capello, one of the two highest-ranking women within California Department of Justice’s Bureau of Investigation, has filed a lawsuit against the DOJ alleging a persistent pattern of gender discrimination and retaliation. Capello, who has worked for the agency since 1999, alleges that her male superiors have repeatedly passed her over for promotion to Assistant Director positions, including when she was the highest ranking candidate. She claims the DOJ began to retaliate against her after she complained about inappropriate comments from her superior, threats from a co-worker and blew the whistle regarding mishandling of evidence at the Fresno Regional Office of the Bureau of Investigation.

The complaint filed by Capello this week in Sacramento Superior Court (R. Capello v. California Department of Justice, Case No. 34-2022-00318069) paints a disturbing picture of a “good ol’ boys club,” where favoritism and gender discrimination has resulted in a dearth of women in management positions. Since 2015, the Bureau has not had any women in sworn peace officer positions above the level of Special Agent in Charge, the position held by Capello. Currently, of the 110 Special Agents employed by the Bureau, only 12 are women, and of the 28 Special Agent Supervisors at the Bureau, only one is a woman.

Before filing a civil lawsuit, Capello reported the alleged discrimination and retaliation internally. In February 2018, after the Bureau of Investigation received her complaints, the agency removed Capello from her chain of command and assigned her to report to a civilian contract employee. The Bureau restored her to the regular command structure only after Capello took on the investigations of the high-profile police shooting of Stephon Clark, who was killed by Sacramento Police officers while Mr. Clark was standing in his grandmother’s backyard and holding a cell phone.

Capello, who holds a Masters’ degree in Criminology, joined the DOJ in 1999, as an agent. In 2010, she attained the rank of Special Agent in Charge and began to lead the Fresno Regional Office of the Bureau. In 2015, Capello raised concerns that she and the only other female SAC were treated less favorably than their male colleagues. She also reported serious mishandling of evidence and unprofessional behavior by an evidence specialist rumored to have close personal ties to the interim Chief of Department of Law Enforcement Agency. She alleges that in retaliation for her raising these issues, the Bureau stripped her of managerial duties and excluded her from management meetings. While the Bureau eventually restored some of Capello’s management duties, she claims in the lawsuit that the Bureau repeatedly passed her over for promotions in favor of men with lesser experience and qualifications and ignored or violated established procedures to do so.

Capello says that after spending seven years trying to internally address the problems at the Bureau, she concluded that a lawsuit was the only way to bring about change. “I love my job, but the way that I have been treated has been completely demoralizing and has made me miserable, and the repeated investigations into my conduct has been devastating,” said Capello. She added, “Absent a change in the culture at the Bureau and within the Office of the Chief, women will continue to be sidelined and the number of women in management positions will remain miniscule.”

Capello is represented by Sharon Vinick and Wendy Musell of Levy Vinick Burrell Hyams, a boutique law firm in Oakland representing plaintiffs in employment litigation. “Our firm has represented many women in nontraditional careers, yet I’m constantly surprised by the lengths that organizations will go to in order to keep these women from advancing. I would have hoped that the California Department of Justice would be an exception. It looks from the evidence we’ve reviewed in this case that even in a state as progressive as California, we still have a lot of work to do,” stated Sharon Vinick, attorney for Capello and managing partner of Levy Vinick Burrell Hyams LLP. “It is critical that discrimination not be allowed to flourish, especially in the highest reaches of law enforcement in California. We need more brave law enforcement officers and investigators, like Ms. Capello, who are willing to come forward to expose mishandling of evidence and discriminatory practices. It makes all of us safer,” says attorney for Ms. Capello, Wendy Musell.

California Corrections Department to pay $2.3 million to decorated special agents for claims of unrelenting gender bias

The agency that runs California’s prisons has settled a gender discrimination lawsuit by two of its female special agents for $2.3 million, in what is believed to be the largest settlement of its kind for gender discrimination, including failure to promote, and sexual harassment within the California Department of Corrections and Rehabilitation (CDCR). Parker and LaPorta v. CDCR, Keirnan and Diaz Case No. 2:18-cv-02646-TNL-AC in the Eastern District of California.

The two agents, Parker and LaPorta, are highly decorated special agents in the CDCR Office of Correctional Safety, considered an elite unit within CDCR. Of the 135 special agents in OCS, only five of them were women. Their lawsuit describes institutionalized practices of gender discrimination that impeded them from advancing despite their superior credentials and accomplishments, and enforcement of a “good old boys club” code that perpetuated a glass ceiling for women seeking top positions.

The plaintiffs say they brought the lawsuit in the hope of changing the culture within the Office of Correctional Safety and of finally opening the top ranks of leadership to women. OCS has never had a woman serve in its highest levels of leadership, including in the roles of Deputy Chief or Chief. The agency passed over promoting one plaintiff to the position of Deputy Chief, even though she ranked first in the competitive interview process and had served as Special Agent in Charge for many years, a role that in most instances serves as a stepping stone to the Deputy Chief position. In another instance, she was passed over for promotion in favor of a man who was the subject of a gender discrimination lawsuit. The other plaintiff worked in the field, in a warrant service unit, where she pursued and arrested wanted felons and escapees. Although she willingly accepted the risk that was inherent in her job duties, the retaliation from her superiors and peers following her complaints of gender discrimination was such that she faced far greater risks than her counterparts. In retaliation for her complaints, they also interfered with her working relationships with other law enforcement agencies, making her job much more difficult and dangerous. She too was denied well deserved promotions and was forced to watch lesser qualified men pass her by.

Before filing a lawsuit, both agents tried to make change by bringing their concerns about the glass ceiling and gender discrimination to their superiors. This included making complaints to former CDCR Secretary Scott Kernan and the then Undersecretary of the Department Ralph Diaz (who later became the Secretary of the Department). Documents and testimony gathered during the lawsuit established that neither of these officials took any action on the complaints, including failure to abide by the CDCR’s own internal process. The women agents were left with one recourse – a lawsuit.

The Plaintiffs brought the failures of Ralph Diaz to the legislature’s attention after he was nominated as Secretary of the Department. Their concerns were dismissed, and he was approved as Secretary. Despite being touted as the golden boy by his supporters and making an explicit commitment to address gender equity in the department, Mr. Diaz resigned his position two years later without progress on issues of gender equity. In fact, during his tenure the number of women Special Agents in OCS went from five to two.

Additionally, one Plaintiff made a complaint to the Office of the Inspector General who is supposed to be the watchdog agency addressing such conduct in CDCR. Yet, now, almost 18 months after the retaliation report was brought to the OIG’s attention, they have yet to even begin an investigation.

The lawsuit, which began in the fall of 2018, alleged civil rights violations under state and federal law. According to the employees’ attorney, Leslie F. Levy, events that occurred during the lawsuit added to the claims of retaliation. “It is all too common that women in law enforcement are expected to put up with discrimination and abuse. And it is frighteningly easy for powerful higher-ups to send the message that it is dangerous to speak out against the agency. Our clients overcame a lot to stand up for their rights and demand an end to discrimination and to stop what they experienced as a barrage of intimidation and retaliation.”

Unfortunately, the agency has not gotten the message despite the repeated settlements it has been forced to pay out. CDCR continues to discriminate against women and people of color and then engages in or tolerates retaliation against those who attempt to enforce their civil rights and demand that the agency abide by the law.

The people of the State of California would be better served if CDCR would truly address the discrimination in the hiring process and make a concerted effort to investigate and take appropriate action against high-ranking employees who engage in discrimination, harassment, and retaliation through independent and unbiased investigations rather than leaving dedicated agents no option but to pursue a lawsuit.

The plaintiffs were represented by Jenny Huang of Justice First LLP and Leslie F. Levy of Levy Vinick Burrell Hyams LLP, a law firm devoted to representing employees in workplace disputes. For further information regarding the matter, visit www.levyvinick.com or call Leslie F. Levy at 510-318-7705.

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

Dr. Margaret Mitchell, founder of Google Ethical AI Team, terminated after reporting equity issues of race and gender and opposing the firing of co-lead of Ethical AI Research Team Dr. Timnit Gebru

February 22, 2020 – Dr. Margaret Mitchell, founder and co-lead of Google’s Ethical AI research team with Dr. Timnit Gebru, has provided additional information regarding events leading up to her termination, which was announced late Friday afternoon. Dr. Mitchell has confirmed that, before and after Google’s termination of Dr. Gebru, she was vocally raising concerns of race and gender equity at Google, including publicly opposing the mistreatment and firing of her co-lead.

Regarding her own termination from Google, Dr. Mitchell explained: “I tried to use my position to raise concerns about race and gender inequity, and to protest Google’s deeply problematic firing of Dr. Timnit Gebru. To now be fired has been devastating. It’s my hope that speaking out will lead to one more step on the path of ethical AI. ”

Shortly after Dr. Mitchell voiced her concerns that discrimination played a role in Google’s decision to terminate her Black colleague, Google placed Dr. Mitchell on leave and revoked her corporate access, finally firing her on February 19, 2021.

“You seriously have to wonder what kind of message Google is trying to send to its employees of color and their allies. In its policies, the company encourages its employees to speak up. Terminating Dr. Mitchell will have a chilling effect on employees who want to advocate equality and fairness,” said Sharon Vinick of Levy Vinick Burrell Hyams LLP.

“This is not the first Google employee fired shortly after making reports of sex and race discrimination. Google’s actions belie its professed commitment to equality in the workplace, particularly in artificial intelligence,” said LVBH’s Wendy Musell.

Dr. Mitchell is considered an expert in the field of ethics and artificial intelligence and has been widely published. She was the founder of Google’s Ethical Artificial Intelligence team. In 2015, Dr. Mitchell won one of the first Deep Learning competitions for language generation in the COCO image captioning challenge. She further developed this work within the Seeing AI application for the visually impaired, winning the prestigious Helen Keller award. She has co-organized many workshops on fairness, accountability and transparency in machine learning, co-founded the Ethics in NLP workshop and the WiNLP group within ACL, is in the steering committee of the conference on fairness accountability and transparency in sociotechnical systems, and was Google’s representative for the Partnership on AI in the Fairness, Transparency, and Accountability working group. Dr. Mitchell’s TED talk on the topic of bias in computer vision and NLP has received over a million views, and she has written more than 40 papers, including top-tier conferences for NLP, computer vision, cognitive science, and AI Ethics. Most recently, her work on Model Cards with Google Cloud was recognized in a Harvard Kennedy Spotlight.

Dr. Mitchell attended The John Hopkins University Human Language Technology Center of Excellence as a Postdoctoral researcher and holds a Ph.D. from University of Aberdeen and a Master’s Degree from the University of Washington in Computational Linguistics.

Dr. Mitchell is represented by Sharon Vinick and Wendy Musell of Levy Vinick Burrell Hyams LLP, a law firm devoted to representing employees in workplace disputes. For further information regarding this matter, visit www.levyvinick.com or call Sharon Vinick at 510-318-7702 or Wendy Musell 510-381-6362.

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.