COO’s Pinterest Lawsuit for Gender Discrimination Settled for $22.5 Million

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Can a woman be an executive and still face gender discrimination? Former Pinterest COO sued the social media company, saying she was fired when she spoke out against discrimination at work. Now the company has settled her lawsuit for $22.5 million, promising to do better by its women workers.

Gender Discrimination in the Boardroom

If you look at Pinterest users by gender, you might assume that women run the company. Seventy percent of the social media platform’s user base is women. But according to Francoise Brougher, the company continues to be steered by men. Pinterest’s COO (Chief Operating Officer) from March 2018 to August 2020, Brougher had half the company’s 1,500 employees reporting to her, but she still wasn’t included at the boardroom level.

In her Medium article, “The Pinterest Paradox. Cupcakes and Toxicity,” Ms. Brougher said she was fired for not being “collaborative.”

“I believe that I was fired for speaking out about the rampant discrimination, hostile work environment, and misogyny that permeates Pinterest.”

Brougher said important decisions were often made in the “meeting after the meeting” where CEO Ben Silbermann would hold private conversations with two or three of his “in group” — invariably men. This group held all the power and influence. Executive meetings were short and formal without banter or debate on critical issues.  The decisions made at the “meeting after the meeting” felt illogical and demoralizing to those who had to execute them.

Even as Pinterest pushed toward its Initial Public Offering (IPO), the job Brougher was hired to do, she began to be excluded from the process. Brougher said the team presenting Pinterest to investors used her presentation, but she was not allowed to go on the roadshow. As part of the IPO process, Brougher also realized she was being unfairly compensated — her stock options were backloaded forcing her to stay with the company longer to receive the same equity as her fellow executives.

Trusting Pinterest’s “culture of candor,” Brougher went to HR. The company fixed the backloading, but Brougher said then it began retaliating against her for coming forward. She stopped being invited to board meetings. Her next performance review she was told she was “not collaborative.” She was criticized for her communication style and for “misusing [her] energy and work ethic.”

Pinterest Employees’ Season of Racial and Sexual Discrimination Protests

Then came the public diversity problems. In May 2020, two thirds of the Pinterest policy team, Ifeoma Ozoma and Aerica Shimizu Banks, publicly terminated their Pinterest careers saying they faced gender and racial discrimination within the company. In the months leading up to their resignations, the ladies, and other women at Pinterest, reached out to Brougher with complaints they were being excluded or undervalued.

After a personal illness and another performance review, Brougher said her achievements at the company had been reduced to “diversity” — a common form of gender discrimination. Eventually, Brougher was fired. The man who told her asked her to say leaving Pinterest was her decision. She refused. Instead, she, like the policy team, publicly voiced the problems of racial and sexual discrimination within the company through social media and other internet platforms.

In August 2020, in the wake of Ms. Brougher’s termination and a worldwide pandemic, 236 Pinterest employees participated in a virtual walkout. They signed an online petition calling on Silberman to change the company’s policies, then they logged off — protesting the company’s treatment of its black and female employees.

Pinterest’s COO Lawsuit Settlement is the Largest Publicly Awarded to an Individual

After allegedly being fired for speaking out about diversity, Ms. Brougher filed a lawsuit against Pinterest for gender discrimination. Eager to avoid the publicity around an executive-level discrimination lawsuit, Pinterest agreed to settle the case within months. The total settlement: $22.5 million, the largest ever publicly awarded settlement awarded to a single individual.

Pinterest, of course, did not admit any wrongdoing in the settlement. However, it did agree to donate $2.5 million, which Ms. Brougher will match, to charities supporting women and minorities in the tech industry. The company will also undertake several steps to increase gender and racial diversity, bringing on two new board members, and creating a company-wide wiki (community managed website) to improve salary transparency. Brougher was interviewed by the New York Times, about the settlement, saying:

“I’m glad Pinterest took this very seriously. . . . I’m hoping it’s a first step in creating a better work environment there.”

At Eisenberg & Baum, LLP, our employment discrimination attorneys know that sometimes publicity is the best way to pressure a large company into addressing problems of racial and gender discrimination at work. If you feel that you are an executive in name only, and that your company is discriminating against you despite your title, we can help. We will meet with you and review your options to get you compensation for the harm you have suffered. Contact us today to schedule a free consultation.

Fired for Getting Divorced: Columbia Professor Files Gender Bias and Marital Status Discrimination Lawsuit

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Pschiatric professor Maria Karayiorgou has filed a gender bias and marital status discrimination lawsuit against Columbia University under the New York City Human Rights Law. She says her invitation to the Zucker Institute was rescinded after her ex-husband notified the university of their divorce. Find out what happens when employers take sides, and whether you can be fired for getting divorced in New York City.

Did Columbia University Fire This Professor for Getting Divorced?

Dr. Maria Karayiorgou is a distinguished psychiatric research scientist. Between 1996 and 2006, she led a research laboratory named after her in association with the Rockefeller University. There she identified the first genetic risk factor for schizophrenia and was credited for her use of mouse modeling studies.

Starting in 1998, her husband, Dr. Joseph Gogos, at the time a neuroscience post-doctoral candidate at Columbia, began to work with the Karayiorgou Laboratory. Over the next ten years, he transitioned to working on the mouse modeling portion of the project full-time.

Then, in 2006, Karayiorgou was offered a position as a Professor of Psychiatry at Columbia University. Within four years, she became the Acting Director of the Medical Genetics Division in the Department of Psychiatry. In 2012 to 2013, Columbia launched the Zucker Institute. Karayiorgou was a featured speaker in a fundraising event for the institute in May 2013. Gogos became a member immediately as part of the Neuroscience Department. However, Karayiorgou’s invitation came later, in May 2014.

Then Karayiorgou and Gogos’s marriage broke down. Their divorce was finalized in December 2014 and in March 2015, Gogos emailed Columbia representatives telling them he did not want to work with Dr. Karayiorgou at the Zuckerman Institute. The representatives responded by rescinding Karayiorgou’s invitation to the Institute, emailing her to say “so when the acrimonious separation happened, there was little choice but to back Joseph.”

Karayiorgou objected to the dismissal. She filed a formal complaint for workplace discrimination with the Columbia Office of Equal Opportunity and Affirmative Action. When the university dismissed her concerns, she filed for gender bias in a marital status discrimination lawsuit in New York state court.

Is Marital Status Discrimination Illegal?

Most people know that it is illegal for your employer to treat you differently because of your gender. Sometimes family status can play a role in pregnancy discrimination cases. But is marital status discrimination illegal?

Unlike sex (gender), marital status is not a protected trait under the federal Civil Rights Act. Another federal law, the Civil Service Reform Act of 1978, protects federal employees from marital status discrimination. However, that law does not apply to private or state-level employees. That is probably why Dr. Karayiorgou based her gender and marital status discrimination lawsuit on the New York City Human Rights Law, instead.

The New York City Human Rights Law says it is unlawful discrimination for any employer to make hiring, firing, or compensation decisions based on a person’s marital status. In other words, in New York City, you can’t be fired for getting divorced.

To prove her case, Dr. Karayiorgou had to show:

  1. That she is a member of a protected class
  2. That she was qualified for the position
  3. That she was terminated or suffered an “adverse employment action”
  4. The discharge happened under circumstances that inferred discrimination

Once she established these four things, the attention of the court swung to the university. To avoid a finding of marital status discrimination, it needed to show a legitimate, independent, non-discriminatory reason for taking the employment action. If it did, then as a plaintiff, Dr. Karayiorgou  could present evidence that this non-discriminatory reason was a pretext, and not the real reason the action was taken.

New York Supreme Court Judge Points to Gender Bias in the Workplace, and the Legal Briefs

Columbia University filed a motion in the lawsuit, asking New York Supreme Court Judge Lynn R. Kotler to rule there was no discrimination. It claimed that the only reason Dr. Karayiorgou’s invitation to the Zucker Institute had been offered in the first place was because of her work with Dr. Gogos. Essentially, Columbia’s lawyers attributed all Dr. Karayiorgou’s work with mouse modeling to her husband, calling her “limited presence” at the institute “entirely dependent… upon her continued research and collaboration” with Gogos.

But the judge didn’t believe them. Judge Kotler called Dr. Karayiorgou “a leading researcher and scientist” and noted that her invitation came almost five years after Gogos had begun working to develop the institute. The invitation made no reference to Gogos, nor did it imply she was to play any kind of supporting role to her ex-husband. In addressing Dr. Karayiorgou’s gender discrimination claims, the judge said:

“Columbia reduced plaintiff to being a supportive figure to Gogos even though she was the one who had made the breakthrough genetic discovery and created the mouse model.”

She found that a jury could determine that Columbia had discriminated against Dr. Karayiorgou on both gender and marital status grounds, and denied Columbia’s motion to dismiss the case.

At the end of Judge Kotler’s opinion, she had some stern words for Columbia’s attorneys:

Finally, defense counsel Wegrzyn’s characterization of plaintiff is not only insulting but [borders] on sexism. Plaintiff’s credentials, including her discovery on the 22q11 gene which is widely recognized in the scientific community, the grants and awards she has received and the papers she has written belie counsel’s gross mischaracterization of the plaintiff. While zealous advocacy is welcome and often appreciated, the insinuation that plaintiff played a secondary or subservient role to Gogos and that her career as a scientist was as a result of Gogos is an inappropriate mischaracterization of the facts.”

As the judge’s comment shows, it wasn’t just Columbia’s hiring decisions that were based on gender bias, their legal defense was as well. Fortunately, Judge Kotler saw through the attorneys’ mischaracterizations, and Dr. Karayiorgou’s gender and marital status discrimination case will live on to go before a jury.

At Eisenberg and Baum, LLP, our New York City-based gender discrimination attorneys know how to make city and state laws work for employees whose cases don’t quite fit under federal law. We know how to use the New York State Human Rights Law to protect against marital status discrimination, and what you can do if you were fired for getting divorced. We will help you negotiate with your employer, file the necessary administrative claims, and represent you in court. Contact us to schedule a consultation.

African Americans Facing Racial Discrimination Must Choose Between COVID and Masks

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African Americans, especially larger black men, often face racial discrimination and fear at work and by their neighborhood police officers. In 2020 and 2021, the Coronavirus pandemic response had everyone from the CDC to local mayors begging people to mask up. But for African Americans, the choice was whether to face increased racial discrimination by wearing a mask and covering their face or exposing it and risk death from COVID-19.

African American Discrimination Means Being Careful About Clothing

Gabriel Felix, a psychiatry resident in a Boston-area hospital, has always planned his wardrobe carefully. A 6’3” tall black man, he has faced racial discrimination and microexpressions of discomfort just walking down the street. Felix, like many African Americans, makes strategic choices every day about how to dress and behave in a way that won’t expose him to racist assumptions and an unnecessary conversation with police. It may be as simple as wearing a college T-shirt while jogging or making that trip to the grocery store before sunset. They know it doesn’t take much for a black man to go from neighbor to suspect.

Then came COVID-19. As scientists and government agencies came to understand how the virus was transmitted, cities, states, and even the Centers for Disease Control all began to recommend residents wear masks to prevent the spread of the virus. Eventually those recommendations became mandates. Those not wearing masks could be fined or removed from stores.

That left Felix with a dilemma. As a black man, mask mandates set up a kind of Catch-22. If they stayed bare-faced they could mitigate the effects of systemic racism in their daily lives, but they risked catching and spreading the deadly virus. However, if they wore the masks they would run the risk of facing increased discrimination just because someone couldn’t see their faces.

Police Respond to Dangers of Black Man Wearing a Mask

That’s what happened to Illinois State Senator Kam Buckner in June 2020. At 35 years old and 6’4” tall, Buckner was recently racially targeted coming out of a Chicago hardware store. He was wearing a mask, as required by a state-wide executive order. As white customers walked past, a uniformed police officer stopped Buckner and asked him for his receipt and his ID. Looking down at the flowers he had just purchased, Buckner tried to avoid escalating the situation. But he still asked why the officer had stopped him. The officer told him, “I can’t see your face. You look like you might have been up to something.” The brief police encounter bothered Buckner.

“It woke me up in the middle of the night, and I said this is not OK,” said Buckner. “I thought about all of the millions of Black men around the country being told they have to wear masks. We are extremely apprehensive about the masks, even though we know it’s the right thing to do.”

Buckner was hardly the only person facing African American discrimination in the face of the mask mandates. Similar stories began to emerge across the country. In Florida, Dr. Armen Henderson was arrested for unloading supplies out of a van in his front yard while he was volunteering to give COVID tests to homeless people in Miami. In Wood River, Illinois — the same state where Buckner was stopped for complying with the state-wide mask mandate — two young Black men were escorted out of a Walmart by an officer with his hand on his gun. The police officer told them their masks were illegal.

Vickie Mays, a distinguished professor of health policy and management at UCLA’s Fielding School of Public Health put the issue into perspective:

“Which death do they choose? Covid-19 or police shooting? . . .  We have African Americans who have been dragged out of stores, who have been ordered by police and store guards to pull their masks down or take their masks off.”

As Workers Get Vaccinated, Discrimination Could Follow Them Back to Work

Now, almost a year after Felix wrote his article describing his concern, states are beginning to open up and workers are being recalled into their offices and workplaces. Many have not yet received a vaccine and remain vulnerable to the virus. They will need to decide whether to come to work wearing a mask and risk racial discrimination by customers or even their coworkers who mistake them for a “suspicious” masked black man or woman.

But employers can help. There are several steps companies can take to protect their customer-facing employees from discrimination and avoid the disruption caused by an unnecessary police visit. This could include:

  • Racial discrimination training for returning employees
  • Providing branded facemasks that make it easy for customers to identify workers as employees
  • Enforcing mandatory mask policies on premises
  • Requiring supervisor intervention if a customer behaves in a racist way toward a worker
  • Investigating allegations of racial discrimination between coworkers

Black Americans shouldn’t be forced to choose between a deadly disease and a risk of being shot by police. While the country continues to wrestle with systemic racism, employers need to do their part to keep their returning workers safe, whether or not they are wearing masks.

At Eisenberg & Baum, we understand how hard it is for Black workers to navigate racial discrimination at work. Our employment discrimination attorneys, can help employees file their claims under Title VII and state civil rights laws when employers fail to respond to racism by customers or coworkers. We will push for system-wide changes, at work and in the community, so that you will feel safe on the job. If you have been the victim racial discrimination, contact us. We’ll meet with you and help create a strategy that protects you and your coworkers against ongoing racial bias and poor treatment.

The Cyberbullying Symposium Recording and Video Message from Congressman Josh Gottheimer

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The Cyberbullying Symposium Recording

Eisenberg & Baum hosted The Cyberbullying Symposium on Wednesday, May 12th, moderated by Partner Juyoun Han, Esq. Watch the full event by clicking the image below (CC available):

Learn more about the class action lawsuit against Snapchat, YOLO, & LMK (anonymous apps):

 

If you experienced similar harm from apps sold by the defendants or by other computer apps, social media platforms, and more, you can write to attorney Juyoun Han at jhan@eandblaw.com (moderator of event).

 

Follow up with presenters and panel experts:

 

Organizations & Resources referenced in the chat

There were many excellent contributions in the “chat” made by both panelists and attendees:

  • Cyberbullying Research Center, Dr. Sameer Hinduja’s organization:
    • https://cyberbullying.org/resources/parents – my favorite resources, all free, all PDFs – all research-informed
    • https://cyberbullying.org/social-media-and-tech-misuse-scenarios – the 23 scenarios we’ve written to allow you to have conversations with your child and give them an “action plan” as to what to do if they or a friend is targeted.
    • https://cyberbullying.org/questions-parents-should-ask-their-children-about-technology – my list of questions you can ask your child/teen.
  • Tyler Clementi Foundation: https://tylerclementi.org/pledge/
  • Campaign for a Commercial Free Childhood https://commercialfreechildhood.org/campaigns/
  • LiveMore ScreenLess  https://www.livemorescreenless.org
  • David’s Legacy Foundation: DavidsLegacy.org If you live in Texas we would love to connect and work with you as we expand our mission: tbruno@davidslegacy.org
  • LookUp.Live and Headstream: youth-focused organizations working on empowering youth to create solutions
  • Kids Before Screens: kidsbeforescreens.net Online safety tips
  • Healthy Screen Habits: Petition against Under 13 Instagram: @healthyscreenhabits. https://ccfc.salsalabs.org/noinstagramforkids
  • Rethink Words: http://www.rethinkwords.com/
  • SoulShoppe.org works with grade schools to educate students on how to be an upstander, an ally, and recognize that people doing bullying have “a full balloon”
  • Gabb Wireless is great for kids-looks like a smartphone and allows calls, texts. take photos, etc. but no apps or internet
  • Gryphon and OpenDNS (free) are helpful for parent controls, and the “Gryphon” router combined with Gryphon home bound for mobile device as a great hardware/software options
  • Childhood 2.0: https://www.childhood2movie.com/ Bark is great, and they have produced a wonderful documentary called Childhood 2.0, available on YouTube.
  • Sameer Hinduja: If you google “Transparency Report” and the name of an app – if they have such a report, it will turn up (and more companies are releasing this) – those reports give you numbers related to problematic content, manual takedowns, automatic (algorithmic-based) takedowns, etc. (Caveat From Sarah T. Roberts (UCLA//C2i2): Firms’ transparency reports are self-reported.)

 

Congressman Josh Gottheimer (NJ-5) video:

LAST BUT NOT LEAST: A video contribution from Rep. Josh Gottheimer, which could not be played at the symposium due to technical difficulties.

[youtube_advanced url=”https://www.youtube.com/watch?v=gVOxXUrGp9s”]

 

LA Times Reports on Class Action Lawsuit filed by Eisenberg & Baum over cyberbullying

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LA Times is reporting on the class action lawsuit that Eisenberg & Baum have filed on behalf of Carson Bride, a young cyberbullying victim, against app makers of Snapchat, YOLO, and LMK, opining that “Suit against Snap over suicide may test platform protections.” 

Read more at LA Times: “A teen who was bullied on Snapchat died. His mom is suing to hold social media liable”.

Gov. Andrew Cuomo Faces Sexual Harassment Allegations

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New York Governor Andrew Cuomo has come under fire and is facing a call to resign in the wake of several sexual harassment allegations. The claims cut short Cuomo’s previous popularity from his response to the Coronavirus, and show how quickly public perception can change.

Aide Says Governor Cuomo Made His Workplace Unsafe for Young Women

On February 24, 2021, Lindsey Boylan, a former deputy secretary of economic development and special advisor to the New York Governor’s office, published an article on Medium, “My story of working with Governor Cuomo.” The article alleged that the governor had invited her to play “strip poker” and gave her an unwanted kiss on the lips as she was leaving his office. She described her working environment with Cuomo saying:

“Governor Andrew Cuomo has created a culture within his administration where sexual harassment and bullying is so pervasive that it is not only condoned but expected. His inappropriate behavior toward women was an affirmation that he liked you, that you must be doing something right. He used intimidation to silence his critics. And if you dared to speak up, you would face consequences.”

Boylan had previously posted several tweets about Cuomo’s harassment, but in the midst of the more pressing news in December 2020, they had not received much attention. When Andrew Cuomo’s name came up as a possible candidate for U.S. Attorney General for the Biden Administration, she knew she had to do more.

Governor Guomo’s intimidation and abuse was a well-known secret among the New York political scene. Boylan reported that Assemblymember Ron Kim had spoken out publicly about the way he was treated while Mayor Bill de Blasio said, “the bullying is nothing new.” In reporting her own harassment, Boylan said she was one of many, but that most were too afraid to speak up.

Five More Step Forward with Sexual Harassment Allegations

Ms. Boylan’s article rallied several other former-staff members to come forward with their own stories. Charlotte Bennette, had resigned her position as an executive assistant and health policy advisor in November 2020. She told the New York Times that he had questioned her sex life, including asking whether she had ever had sex with older men. Andrew Cuomo allegedly commented that he would be willing to have a relationship “with anyone above the age of 22.” Ms. Bennett is 25. She said:

“I understood that the governor wanted to sleep with me, and felt horribly uncomfortable and scared.”

Anna Ruch came forward on March 1, 2021, saying that in September 2019, she had met Governor Cuomo at a wedding reception. She said Cuomo put his hand on her bare lower back. When she removed it, Cuomo called her “aggressive,” put his hands on her cheeks, and asked if he could kiss her. A friend nearby caught a picture of the moment.

Ana Liss, another former aide, reported that the governor asked if she had a boyfriend, kissed her hand, and greeted her by saying “Hey, sweetheart,” before hugging her and giving her a kiss on both cheeks. According to the USA today:

“In an interview, Liss said she was ‘not claiming sexual harassment per se,’ but felt the administration ‘wasn’t a safe space for young women to work.’”

Karn Hinton’s story is older. She worked as a consultant with Andrew Cuomo when he was the federal housing secretary under Bill Clinton in the 1990s. She said he called her to his hotel room where the conversation turned personal, ultimately resulting in an uncomfortably long and intimate hug.

Finally, the Times Union reported an unnamed female aide experienced direct sexual assault while in Gov. Cuomo’s employment. She reported that he reached under her blouse and groped her. That woman, apparently still employed by the governor’s office has reported his behavior to her supervisor, and an investigation is ongoing.

Democrats Call for Cuomo’s Resignation Following Sexual Harassment Claims

The allegations of sexual harassment and assault against Governor Andrew Cuomo have triggered a state-level investigation, as well as a political response from Cuomo’s fellow Democrats. Governor Cuomo issued a statement apologizing for any pain he may have caused, suggesting his joking remarks about his employees’ personal lives and relationships may have been “misinterpreted” as “unwanted flirtations.”  He told reporters:

“Women have a right to come forward and be heard and I encourage that fully. . . . But I also want to be clear: There is still a question of the truth. I did not do what has been alleged. Period.”

Cuomo has authorized New York Attorney General Letitia James to appoint outside investigators, Jooh H. Kim, a former acting U.S. attorney and Anne L. Clark, a labor law attorney, to follow up on the allegations.

But several New York politicians aren’t satisfied. The State Assembly has launched an impeachment investigation through its Judiciary Committee. Thirteen of the state’s congressional representatives, including the influential Alexandria Ocasio-Cortez and state Senate Majority Leader Andrew Stewart-Cousins, have called for him to resign. However, Cuomo refuses, saying those calling for his resignation are being “reckless” and “bowing to cancel culture.”

Responding to Sexual Harassment by Elected Officials

Government employees, including aides and policy advisors, are entitled to the same protections against workplace sexual harassment as other workers. This includes having their employer (the State) investigate their claims and take reasonable steps to prevent future abuse. However, when the harasser is an elected official, the internal response is limited. In those cases it may take an impeachment or a recall to remove the offending government employee.

That can be difficult when the politician in question is as popular as Andrew Cuomo. The Governor enjoyed a popularity bump due to his public statements in response to the Coronavirus in the first half of 2020. Now, in response to Ms. Boylan and her fellow aides’ allegations, it appears public opinion has begun to turn, improving the aides chances of receiving real relief for the sexual harassment and abuse they experienced while working for him.

At Eisenberg & Baum, LLP, we have sexual harassment attorneys ready to help you fight back against sexual harassment within government offices. If you are a staffer facing discrimination, contact us today to schedule a free consultation.