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

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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