January 15, 2021

$20 Million Pinterest Settlement May Have Lasting Effects for HR Diversity Initiatives

A significant gender discrimination lawsuit brought by the former COO against her former employer, Pintrerest, at the end of last year may have hiring and diversity ramifications far beyond the doors of the Silicon Valley organization. Francoise Brougher claimed that she had been subject to sexist and discriminatory practices during her two-year stint at the company. Since Brougher filed, several additional accusations from workers at Pinterest allege a culture of sexism and racism as well as the company using retaliatory measures against those who spoke out.

This summer, after these allegations surfaced, workers at Pinterest walked out in protest, forcing the company to take the accusations seriously. As part of the settlement, Brougher and Pinterest will give $2.5 million to organizations whose missions include fighting sexism and racism in tech. This is in addition to the more than $20 million Brougher was awarded in the settlement.

Observers believe this settlement is significant because Pinterest chose to settle, rather than litigate against Brougher. Also significant is her willingness to forgo the all-too-common NDA, a preferred Silicon Valley tool to keep settlements confidential. 

According to Human Resource Executive, which spoke with several tech observers, this has the potential to shake up the C-suite mentality of it being a boys club where decisions are made out of sight. This could force tech companies and their HR departments to take seriously the deeply-rooted problems within tech culture.

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The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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