Cal State University Sued for Gender Discrimination

Lawsuit Accuses California State University, President Tomás Morales, and Dean Jake Zhu of Equal Pay Act Violations, Gender Discrimination, Intentional Infliction of Emotional Distress, and Other Illegal Behavior

Courtney Abrams, PC & Helmer Friedman LLP Represent Current California State University Employees Accusing CSU Of Illegal Employment Practices

March 14, 2023 (Los Angeles, California) – On this 2023 Equal Pay Day, Courtney Abrams of Courtney Abrams, PC & Andrew H. Friedman of Helmer Friedman LLP announced today the filing of a lawsuit against the Board of Trustees of the California State University (“CSU”), the President of CSU’s San Bernardino campus, Tomás Morales, and the Dean of the Palm Desert Campus of CSU, San Bernardino, Jake Zhu.

The lawsuit, Clare Weber & Anissa Rogers v. Board of Trustees of the California State University (the State of California acting in its higher education capacity); Tomás Morales, an individual; and Jake Zhu, an individual (Los Angeles Superior Court Case No. 23STCV05549), alleges that CSU has a well-known pattern and practice of violating California’s Equal Pay Act and otherwise engaging in gender discrimination against and harassing its female employees.

The lawsuit further alleges that CSU resorts to an entrenched practice of silencing its victims if they complain, including forcing them to resign by threatening their careers with ruin (like Plaintiff Anissa Rogers), or, if they refuse, simply firing them (like Plaintiff Clare Weber).

Unfortunately, women’s individual stories have often included the reality that their contributions have been undervalued, underpaid, and overlooked. Pay discrimination is a stark example of that reality […] When a woman is paid less than a man for doing the same work […] it not only affects her weekly paycheck but also her long-term economic security.

According to the lawsuit, Dr. Weber, who was the then-Vice Provost at CSU’s San Bernardino campus, complained to Defendant CSU and President Tomás Morales that female Vice Provosts, including herself, were being paid less than their male counterparts. The lawsuit alleges that Dr. Weber specifically protested gender discrimination, including complaining that (1) she had learned that she was not making the same amount of money as her male counterparts in the CSU system and (2) she was one of the lowest-paid despite her large portfolio of assignments. According to the lawsuit, Dr. Weber requested a raise to address the disparity in pay between her and her male colleagues. Indeed, as the EEOC recognized today, allegations like Dr. Weber’s are all too common:

“Unfortunately, women’s individual stories have often included the reality that their contributions have been undervalued, underpaid, and overlooked. Pay discrimination is a stark example of that reality . . . When a woman is paid less than a man for doing the same work . . . it not only affects her weekly paycheck, but also her long-term economic security.”

See “A Message from EEOC Chair Charlotte A. Burrows for 2023 Equal Pay Day and Women’s History Month,”.

The lawsuit likewise alleges that Dr. Rogers, who was the then-Associate Dean at the Palm Desert Campus at CSU, San Bernardino, complained to Dean Jake Zhu that male employees were permitted to harass female employees and that Defendant CSU “needed to do better to disrupt sexism.” According to the lawsuit, Defendant Zhu, who had subjected Dr. Rogers and other female employees to a barrage of sex harassment, instructed Dr. Rogers to just “train the men.”

male employees were permitted to harass female employees, and Defendant CSU ‘needed to do better to disrupt sexism.’

The lawsuit alleges that, thereafter, in identical conversations with both Dr. Weber and Dr. Rogers, current Provost of CSU, San Bernardino, Rafik Mohamed, directed both Dr. Weber and Dr. Rogers to lie to their colleagues and students and say they were “resigning.” According to the lawsuit, Dr. Mohamed was abundantly clear with both Dr. Weber and Dr. Rogers: If you do not resign, you will be fired.

The lawsuit also alleges that multiple current and former employees have corroborated the conduct alleged to be illegal, including one current executive as attesting:

“President Morales is so deeply hostile to and regularly discriminates against female employees who work for him, there is a culture of fear at California State University. And unfortunately, President Morales has a well-known practice of forcing female employees to “resign” or “retire” if they disagree with him or complain. He quickly turns on female employees who report workplace concerns to him and engages in what I can only call a “campaign” to discredit them and remove the female employees.”(Emphasis added)

According to the lawsuit, CSU Chancellor Jolene Koester has been known to have “coached” female employees about how best to endure well-documented sex harassment, discrimination, and retaliation by high-ranking male employees (while doing nothing to stop it).

President Morales is so deeply hostile to and regularly discriminates against female employees who work for him that there is a culture of fear at California State University. And unfortunately, President Morales has a well-known practice of forcing female employees to “resign” or “retire” if they disagree with him or complain. He quickly turns on female employees who report workplace concerns to him and engages in what I can only call a “campaign” to discredit them and remove the female employees.

The lawsuit alleges that after Dr. Weber was fired, Defendant CSU offered multiple conflicting explanations for her firing – none of which were true.

The lawsuit filed by Dr. Weber and Dr. Rogers follows on the heels of a May 2022 study released by the California State University Employees Union finding that the current pay structure within CSU has resulted in white women being paid roughly five percent less than white men, men of color making about three percent less, and women of color having a nearly seven percent disparity in pay when compared to white men. See CSUEU Salary Study.

Dr. Weber and Dr. Rogers are represented by Courtney Abrams, PC, and Helmer Friedman, LLP, California law firms that represent employees and other individuals seeking to vindicate their rights.

Speaking about the lawsuit, Courtney Abrams stated, “California law is clear: it is illegal for employers to subject female employees to inferior and hostile working conditions and pay them less than their male counterparts.”

Andrew H. Friedman likewise stated: “California law is abundantly clear that an employer – not even the State of California – may retaliate against an employee because she complains about gender discrimination and harassment.”

Current and former employees of California State University who wish to report their work experiences or learn more about the lawsuit should complete a case evaluation form and/or visit https://courtneyabramslaw.com/csu-sued-for-gender-discrimination-and-sex-harassment.

For more information about this lawsuit, please contact Courtney Abrams (at 310-490-1547 or courtney@courtneyabramslaw.com) or Andrew H. Friedman (at 310-396-7714 x. 106 or afriedman@helmerfriedman.com).

Similarly, if you are a witness or have information that would be relevant to the claims of Dr. Weber or Dr. Rogers, please contact Mr. Friedman and/or Ms. Abrams.

DOCUMENTS:

MEDIA COVERAGE:

2023-06-21T09:30:56-08:00March 14th, 2023|Case Update, discrimination, Front Page News, gender discrimination, Intentional Infliction of Emotional Distress, retaliation, sexual harassment|Comments Off on Cal State University Sued for Gender Discrimination

Forced Arbitration Clauses Take Greatest Toll on Marginalized Groups

Sexual harassment and assault victims advocates Helmer Friedman LLP.

The Center for Progressive Reform Releases A Report Revealing That Forced Arbitration Clauses in Corporate Contracts Take Greatest Toll on Historically Marginalized Groups

February 1, 2022, (Washington D.C.) – Forced arbitration is a biased process that allows corporate wrongdoers to not only get away with serious violations of the Nation’s civil rights and employment laws but to also hide that misconduct from the courts and the public eye. It allows serial sexual harassers and abusers to thrive while precluding their victims from obtaining justice. It is well past time for our laws to be amended to prohibit forced arbitration. Today, the Center for Progressive Reform released a report confirming what plaintiff employment attorneys across America already know – forced arbitration clauses favor corporations over workers and consumers because arbitrators have financial motives to rule in favor of corporations, don’t have to follow the rules of evidence, explain their decisions in writing, or apply the law consistently, and they often can’t be overruled by a higher court. Indeed, individuals seldom prevail in forced arbitration, and people of color, women, low-income people and other marginalized groups pay the highest price of contracts that deprive workers and consumers of justice in the courts. Commenting about this report, Helmer Friedman LLP founding partner, Andrew H. Friedman, stated: “Forced arbitration is a biased process that allows corporate wrongdoers to not only get away with serious violations of the Nation’s civil rights and employment laws but to also hide that misconduct from the courts and the public eye. It allows serial sexual harassers and abusers to thrive while precluding their victims from obtaining justice. It is well past time for our laws to be amended to prohibit forced arbitration.”
For a complete copy of this report, visit the website of the Center for Progressive Reform at https://cpr-assets.s3.amazonaws.com/documents/private-courts-biased-outcomes-forced-arbitration-rpt-0222.pdf.

2022-07-12T07:18:06-08:00February 12th, 2022|sexual harassment|Comments Off on Forced Arbitration Clauses Take Greatest Toll on Marginalized Groups

Bill Ending Forced Arbitration In Sex Harassment and Assault Cases

President Biden To Sign Bill Ending Forced Arbitration In Sex Harassment And Assault Cases

February 10, 2022 (Washington D.C.) – Today, the Senate passed a bill to put an end to forced arbitration for survivors of sexual assault and harassment. The bill, called the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, was passed with a large bipartisan vote by the House of Representatives earlier in the week and heads to President Biden’s desk for his signature. Sen. Kirstin Gillibrand, D-N.Y., and Sen. Lindsey Graham, R-S.C., introduced the bill five years ago and lawmakers negotiated with business leaders to get support for the bill. In a sign of the overwhelming support for the measure, it was approved by voice vote in the chamber. The bill gives individuals a choice between going to court or going to arbitration to resolve allegations in cases related to sexual harassment or assault. As Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill, stated:

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act represents a fantastic first step in protecting American employees from workplace sexual harassment that for far too long has been hidden from the public and the courts by a system that is rigged to protect corporate America.

Bill sponsor Sen. Kirstin Gillibrand, D-NY.

Helmer Friedman LLP founding partner, Gregory D. Helmer, pictured with Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill.

The bill is also retroactive — invalidating any existing forced arbitration clauses in ongoing cases that could make it difficult for any survivors to litigate cases against their employers. Commenting on the passage of the bill, Helmer Friedman LLP founding partner, Gregory D. Helmer, stated:

“This bill represents one of the most significant workplace reforms in American history …It will help us fix a broken system that protects perpetrators and corporations and end the days of silencing survivors. …The arbitration process not only allows the corporations to hide sexual harassment and assault cases in this secretive and often biased process, but it shields those who committed serious misconduct from the public eye.”

If you believe that you have been the victim of sexual assault or harassment in the workplace, please contact Helmer Friedman LLP.

2022-02-12T08:15:07-08:00February 10th, 2022|Front Page News, Greg Helmer, sexual harassment|Comments Off on Bill Ending Forced Arbitration In Sex Harassment and Assault Cases

Sexual Harassment and Forced Arbitration Agreements

Sexual Harassment and Mandatory Arbitration Agreement Webinar 2019.

Andrew H. Friedman To Speak About Sexual Harassment and Forced Arbitration Agreements

April 24, 2019 – With the explosion of the #MeToo movement, mandatory arbitration agreements, as they pertain to sexual harassment claims, have come under fierce attack and many companies are abandoning those agreements. Join us this Wednesday, 4/24, Noon – 1:00 PM (PST) for an interesting discussion of this phenomenon along with a complete analysis of the pros and cons of mandatory arbitration from the perspectives of plaintiff’s counsel, Andrew Friedman and defense’s counsel, Anthony Oncidi . Don’t miss it! Register at https://lnkd.in/grDS-Ec Proudly brought to you by the CLA ADR Committee of the Litigation Section. 1 Hour MCLE If you’re not available on 4/24 at noon, watch it later. The webinar is available for three months after purchase.

2019-10-11T07:47:22-08:00April 23rd, 2019|Andrew Friedman, employment law, sexual harassment, speaking engagements|Comments Off on Sexual Harassment and Forced Arbitration Agreements

#MeToo Legal Update

Andrew H. Friedman To Provide #MeToo Legal Update To JAMS

April 3, 2019Andrew H. Friedman (of Helmer Friedman LLP) and Laura Shelby (of Seyfarth Shaw) will provide a legal update to the mediators and arbitrators of JAMS regarding the #MeToo inspired legislation that took effect in California on January 1, 2019. Mr. Friedman and Ms. Shelby will also offer their thoughts about how those new laws will affect mediation and arbitration. They will also discuss new arbitration and wage and hour cases.

2019-04-03T10:19:01-08:00April 3rd, 2019|Andrew Friedman, employment law, retaliation, sexual harassment|Comments Off on #MeToo Legal Update

Attorneys General From Every State, U.S. Territory Pen Letter To Congress Calling For An End To Forced Arbitration For Sexual Harassment

The attorney general of every state, U.S. territory and the District of Columbia have submitted letter to Congress seeking to increase protections for victims of sexual harassment in the workplace. The attorneys general urge Congress to enact federal legislation that guarantees victims of workplace sexual harassment access to the courts instead of being bound by arbitration clauses in employment agreements. The bipartisan effort was led by Florida’s Pam Bondi and North Carolina’s Josh Stein. A copy of the letter can be viewed here.

“Decades of private arbitration proceedings regarding sexual harassment have had the unintended consequence of protecting serial violators, and it must end,” Bondi said in a press release about the letter. Commenting about the letter, Andrew H. Friedman of Helmer Friedman LLP said, “The letter from the attorneys general of every state, U.S. Territory and the District of Columbia is a good start but it doesn’t go nearly far enough. We must abolish forced arbitration not just for sexual harassment but for every type of employment and consumer cases. One of the most effective ways we can root out illegal employment discrimination, harassment, and retaliation and end predatory practices against consumers is by ending forced arbitration agreements. Access to our judicial system is a fundamental right and we should not allow corporations to force employees and consumers to give up their Constitutional right to a jury.”

2022-04-27T09:57:33-08:00February 12th, 2018|sexual harassment|Comments Off on Attorneys General From Every State, U.S. Territory Pen Letter To Congress Calling For An End To Forced Arbitration For Sexual Harassment
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