CBS Executives Leave While Gender and Racial Discrimination Investigation Looms

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There has been a shake-up at the top of one of the big three in broadcast television. CBS has removed Peter Dunn, the TV station executive, and David Friend, Senior Vice President of News while the company investigates dozens of gender and racial discrimination claims. The change has already increased diversity among newscasters, and promises to result in more drastic actions.

LA Times Investigation Reveals Gender and Racial Discrimination at CBS News

In January 2021 the Los Angeles Times released its article, “Inside CBS’ fraught investigation into allegations of racism and misogyny.” In it, the newspaper revealed that more than a dozen current and former CBS staff members had raised complaints of gender and racial discrimination. They said executives at the company had created a hostile work environment.

The piece of investigative journalism also revealed that the company’s 2018 sexual misconduct investigation had not resulted in the kinds of change the news station’s employees had been hoping for. When the LA Times interviewed Marty Wilke, the former general manager of CBS’ Chicago TV station, he asked:

“What was that whole investigation about? Was it just for show?” Wilke asked. “The culture starts and stops with Peter Dunn.”

Peter Dunn Restricted Black Journalists’ Careers Across the Country

Dunn has run the chain of 28 CBS-owned TV stations since 2009. According to the Times, Dunn keeps a tight grip on those stations, personally managing which anchors and reporters appear on CBS.

In New York, Black journalists reported that managers often passed over news coverage related to communities of color. The New York flagship station, WCBS, didn’t have any full-time Black male reporters under Dunn.

In Philadelphia’s City Center, CBS’ local station KYW was often called “White-Witness News” by Black residents who made up 44% of the population. After a popular Black journalist was promoted to lead evening anchor, Dunn disparaged him, calling him “just a jive guy” a racial slur referring to a form of dance popular among African Americans. Dunn also rejected a Black woman who was the local manager’s number one pick for morning show anchor, along with a second anchor candidate, calling him “too gay for Philadelphia.”

David Friend Tried to “Shut Up” Black Women Journalists

Less than a year after Dunn took over the TV Stations group, he promoted David Friend to oversee news operations across the country. In 2016, after Brook Thomas, a new Black co-anchor, appeared on the Philadelphia morning show, Friend called Margaret Cronan, who ran the local news crew. The LA Times reported:

“It was just immediate screaming on the phone, not constructive criticism — just venom and profanity,” Cronan said. “He screamed: ‘Tell her to shut the [expletive] up,’” in reference to Thomas. “I was flabbergasted…”

Friend followed up with an email…  “Can you please tell her to stop shouting, stop talking in a fake Southern accent and stop sucking the air out of the show?”

He demanded that Thomas be terminated as soon as possible and that Cronan stop promoting the morning show.

Friend also targeted Cronan herself, publicly calling her “a [expletive] idiot” and telling her she was “running out of time.” Several women reported being bullied by both Dunn and Friend during their time at CBS. Marty Wilke retired at age 53 in 2018, citing clashes with Dunn.

After its 2018 investigation, CBS’ board promised to do better, saying improving “the working environment for all employees” would be a “high priority.” But the CBS investigator never contacted Wilke at all. Brien Kennedy was asked to help with an internal review of workplace misconduct by Dunn. Five months later he was fired.

CBS Removes Peter Dunn and David Friend from New York Headquarters

Then, in January 2021, the LA Times published its report. The light of a news investigation apparently did what dozens of internal complaints could not. Within three months, CBS removed both Peter Dunn and David Friend from their positions in the company pending a new investigation.

“Removing these two individuals is a good start,” prominent Black journalist Roland Martin [told the LA Times]. “But there is so much more work that needs to be done throughout CBS. There are some systemic and cultural issues that exist, and I want to hear a deeper and broader plan to address them.”

This time, the investigation will specifically review Dunn and Friend. By mid-April, dozens of CBS executives, past and present, had met with the attorney-investigators. Dunn’s replacement, George Cheeks announced:

“We have determined that CBS Stations President Peter Dunn and SVP of News David Friend are not returning to their positions and will be leaving the Company.”

Discrimination Investigation Promises to Lead to Increased Diversity

This time, there is reason to believe that the gender and racial discrimination investigation will get results, particularly when it comes to increasing diversity at CBS. George Cheeks, who was appointed the company’s new chief executive in March 2020, is himself bi-racial. That same month, WCBS (New York) got its first full-time Black male reporter.

“I prayed that CBS executives would make this decision, and I am relieved that they did,” Cronan [told the LA Times]. “There is still much work that needs to be done, but with these two individuals out, there is promise ahead. There’s hope — and that’s something that those who have worked in that division of CBS haven’t felt in a long time.”

When racial discrimination and sexual misconduct starts at the top of a nationwide company like CBS, sometimes it takes more than an internal complaint to change the toxic work environment. At Eisenberg & Baum, LLP, our experienced racial discrimination and sexual harassment attorneys know what it can take to get a harasser out of an executive position. We can help you and your coworkers file individual complaints with the EEOC or New York Human Rights Commission, and come together to tell your story in court. Contact us to schedule a consultation at our office in New York City, or over the phone.

States Begin Legislative Process to Protect Employees Against COVID-19 Vaccine Choice Discrimination

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Across the country, U.S. citizens and residents now have access to the COVID-19 vaccine. But many are hesitant or medically unable to be vaccinated. Could opting out of the Coronavirus vaccine put your job at risk, or will state or federal laws protect you against vaccine discrimination?

Can Employers Fire Employees Who Refuse the COVID-19 Vaccine?

In June, 2021, more than 150 employees of the Houston Methodist Hospital System resigned after being suspended or were terminated for refusing to get a COVID-19 vaccine. The hospital system imposed a vaccine requirement with the deadline of June 7. Anyone who hadn’t been fully immunized by that date was suspended and ultimately terminated.

Many of the workers filed an anti-discrimination lawsuit in the United States District Court, Houston Division. They said despite FDA emergency approvals, the vaccines were “experimental and dangerous.” The district court judge didn’t think that gave the plaintiffs the right to say no when public safety was at issue. The opinion stated:

“Texas law only protects employees from being terminated for refusing to commit an act carrying criminal penalties to the worker.”

Because receiving a COVID-19 vaccine was not an illegal act, the court said their refusal was not protected from employment consequences.

States’ Laws that Protect Employees Could Extend to COVID-19 Vaccine Choice

But that could change. Texas is one of many states considering laws that protect employees from anti-vaccine discrimination. Like most of the proposed bills, the Texas proposal against “Discrimination Based on COVID-19 Vaccination Status” would make it an “unlawful employment practice” for an employer to fire, refuse to hire, or otherwise discriminate against an employee or applicant because the individual has not received a COVID-19 vaccine. The law would also apply to labor organization membership and employment agency referrals.

Notably, the proposed vaccine discrimination bills are one-sided. They would prevent an employer from making employment decisions because an employee refused vaccination, but would not give the same protections to employees who sought the protection of the vaccine against their employers’ will or policies.

Medical Choices and Discrimination in the Workplace

The question of whether you can be fired for refusing a vaccine may be new, but there are already laws that control what an employer can or cannot do in response to employees’ medical choices. The Equal Employment Opportunity Commission (EEOC) and the Centers for Disease Control (CDC) have said that employers can lawfully require employees to get vaccinated, as long as they make accommodations for employees with a medical or religious reason to decline vaccination. Even without the states’ laws to protect those who choose against vaccination, employees may be protected from discrimination in the workplace under these federal laws.

Medical Accommodations for Those Unable to Take the COVID-19 Vaccine

The Americans with Disabilities Act (ADA) allows employers to ask medical questions of new employees as long as they ask everyone the same question. However, if the question is, “Are you vaccinated?” and the answer is, “No because I can’t be,” you may still be entitled to protection. The ADA says that if a person’s medical condition prevents them from meeting a specific work requirement — in this case vaccination — the employer must make reasonable accommodations for that disability. This might include:

  • Allowing the employee to work remotely
  • Maintaining masking, physical distancing, and sanitization requirements in lieu of vaccination
  • Foregoing the vaccination requirement with documentation of medical need

Religious Anti-Discrimination Laws May Apply to Sincerely Held Anti-Vax Beliefs.

Title VII of the federal Civil Rights Act of 1964 protects against religious harassment and discrimination. This doesn’t only extend to the formal tenets of an organized religion, but also to any sincerely held religious, ethical, or moral belief. There have been cases in the past that have protected employees’ and parents’ religious objections to vaccinations. Whether the courts will allow those cases to cover cases of COVID vaccine discrimination remains to be seen.

Whether or not states enact vaccine anti-discrimination laws, those who have medical or religious reasons to avoid vaccination may still be protected from workplace discrimination due to their choice. At Eisenberg & Baum, our employment discrimination attorneys, are monitoring these state bills and the federal courts’ rulings about Coronavirus discrimination. We will help workers protect their rights under Title VII, the ADA, and state civil rights laws. If you were disciplined or fired for refusing vaccination, contact us. We’ll meet with you and help consider your options to protect your right to make your own medical choices.

What is Sexual Harassment in the Workplace?

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Sexual harassment in the workplace has been illegal since 1964. Some forms of sexual misconduct, including rape and sexual assault, are even criminal, but it still happens all too often. If you have been treated differently or faced verbal or physical harassment at work, talk to an experienced sexual discrimination attorney to explore your options and make the harassment stop.

What is Sexual Harassment in the Workplace?

Title VII of the federal Civil Rights Act says it is unlawful to discriminate against or harass an employee or job applicant because of their sex or gender. There are also state-level protections against harassment, but this post will focus on federal law.

The harassment doesn’t have to be sexual in nature, such as displayed images of genitalia or invitations to have sex. Sexual harassment also includes offensive remarks about a person’s sex individually (i.e. “he’s probably still a virgin”) or gender as a whole (i.e. “this isn’t a job for women”). It can affect men, women, and non-binary employees, and can be committed by supervisors, coworkers, and even clients.

Not every passing sexual remark creates the basis for a federal harassment lawsuit or complaint with the Equal Employment Opportunity Commission. Instead, sexual harassment must:

  • Be so frequent or severe that it creates a hostile or offensive working environment
  • Result in an “adverse employment action” (i.e. being fired or passed over for a job or promotion)

Deciding whether those thresholds have been met is one of the most complicated parts of any harassment litigation. You and your attorney should be prepared to demonstrate that:

  • The behavior happened frequently (or was particularly severe)
  • You objected to the comments or behavior when it happened
  • You raised the issue with your supervisor, HR department, or the company owner
  • Your employer failed to take reasonable steps to stop the harassment

Was What You Experienced Sexual Harassment?

Many coworkers are uncertain about whether they have a claim for sexual harassment. Especially in casual or rowdy working environments, it can be hard to find the line between coworkers’ banter and illegal sexual misconduct. If you feel you are being sexually harassed, you probably are.  You should speak to a sexual harassment lawyer right away rather than waiting for the harassment to get worse. Sometimes sexual harassment can start out verbal before escalating to physical harassment and ends up in a sexual assault.

Verbal Sexual Harassment

Your boss, supervisor or coworker generally should not be talking about sex at work. Verbal sexual harassment can occur when you overhear offensive sexual jokes or conversation, or where offensive words or requests to engage in sexual acts are directed at you. If any of this is happening, and it makes you feel uncomfortable, you are likely being harassed. You should tell the person who is harassing you to stop, and if they don’t your legal rights may have been violated.

Physical Sexual Harassment

In most industries, there’s no reason for your boss, supervisor, or coworker to touch you in the workplace. Even if they ask for permission, you may be afraid to say “no” because of fear you will be punished or fired. If you are being touched at your job and it makes you feel uncomfortable, your legal rights may be violated.

Quid Pro Quo

Sometimes your boss or supervisor will make it clear that if you want to keep your job or benefits, or get a promotion, you’ll need to accept certain sexual demands, whether that means flirting or performing sex acts. If your employer bases some part of your work or compensation on this kind of quid pro quo sexual arrangement, your legal rights may have been violated.

Sexual Orientation Harassment and Gender Identity Discrimination

In November 2020, the U.S. Supreme Court made it clear that gender discrimination includes misconduct based on a person’s sexual orientation or gender identity. If you have been teased, mistreated, or physically harassed because you identify as LGBTQ+, who you love, how you present your gender identity, or even because someone else thinks you are gay or Trans, your rights may have been violated.

Retaliation

In most cases, you must object or file a complaint with your employer to start your sexual harassment claim. You have the right to make a complaint within your company, and if they don’t act on it, to take your complaint to the EEOC or federal court. You also have the right to stand up for someone else being sexually harassed at work. If you complain, and your employer tries to punish or fire you because of it, your legal rights have been violated.

Take Legal Action Against Harassment at Work

If you have followed your company’s policies, but the harassment in your workplace continues, you can ask a federal court or the EEOC to put a stop to the misconduct. If you and your lawyer can prove you were the victim of gender discrimination and sexual harassment, you may be compensated for:

  • Lost past and future wages
  • Emotional pain and suffering
  • Physical injuries and illnesses caused by the harassment
  • Punitive damages
  • Attorney fees

If you are the victim of harassment or other forms of gender-based discrimination, read “Handling Gender Discrimination in the Workplace” to learn what you can do it about.

By working with an employment attorney and filing a complaint, you can hold your employer accountable, protecting your coworkers from similar harassment, while also receiving monetary compensation for the turmoil you have suffered. Your attorneys can push for policy changes, as well as personal compensation, to help you and your colleagues change your workplace culture.

At Eisenberg & Baum, LLP, we have sexual harassment attorneys ready to help you fight back against sexual harassment in the workplace. If you or a coworker are being targeted with discrimination or sexual misconduct, contact us today to schedule a free consultation.

How Does the HERO Act Affect Employees?

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The past year and a half have been hard for New York residents and essential workers worldwide. The COVID-19 pandemic has drawn attention to just how unprepared businesses were to respond to infectious diseases at work. Now the HERO Act aims to set a new standard, empowering employees to stand up when their employers put their health at risk.

New York COVID Response Triggers New Employee Protection Law

New York Assemblymember Karines Reyes (D-Bronx) was a nurse before she was a politician. Her experience working in the medical field during the pandemic inspired her to push for changes to the state’s health and safety standards, particularly when it comes to infectious diseases. She sponsored the New York Health and Essential Rights Act (NY HERO Act). She said:

“I am honored to have sponsored the NY HERO Act that was borne out of my very own experiences serving as a nurse on the frontlines during the peak of the pandemic. It is crucial that workers are able to operate in a safe environment and have the full support of New York State.”

The bill (S. 1034-B/A.2681-B) required the New York State Department of Labor (NYSDOL) to develop and enforce minimum industry-specific standards for businesses’ response to a risk of infectious, airborne disease in the workplace. While the bill wasn’t specific about the protections, NYSDOL is expected to set policies for facemasks based on exposure levels and create ventilation standards for workplaces. Co-sponsor, Senate Deputy Majority Leader Michael Gianaris (D-Queens), added:

“Too many workers have already sacrificed their health for our community’s benefit. The New York HERO Act will honor their efforts by giving workers the tools to protect themselves while on the job.”

Governor Cuomo Signs the HERO Act, But Demands Immediate Amendments

The HERO Act became law on May 5, 2021, when New York Governor Andrew Cuomo signed it. However, he did that based on an agreement he had reached with lawmakers to enact immediate amendments. In signing the HERO Act he said:

“I have secured an agreement with the Legislature to make technical changes to the bill, including giving the department of labor and employers more specific instructions in developing and implementing the workplace standards . . . . And providing for an immediate requirement for employers to cure violations in order to better protect the safety of workers, and limit lengthy court litigation to those private rights of action, in limited circumstances where employers are acting in bad faith and failing to cure deficiencies.”

Those amendments passed both houses of the New York state legislature on June 14, 2021. They clarified, modified, and in some cases limited the roles of NYSDOL and employees, while giving employers the right to advance notice of any enforcement action, and an opportunity to to correct deficiencies in workplace safety.

What the Amended NY HERO Act Means for Employees

The NY HERO Act is intended to protect employees and empower state regulators to enforce workplace safety against infectious diseases. As amended, the law seeks to balance employees’ rights to a safe workplace environment with employers’ challenges implementing the NYSDOL safety protocols.

Timeline for Adopting Safety Standards

The original HERO Act wasn’t clear on when and how the new safety standards would go into effect. Under the amended HERO Act, the timeline is clear:

  • July 5, 2021: NYSDOL must publish industry-specific safety standards
  • 30 days after publication: Employers must adopt the NYSDOL standards or create their own HERO Act safety protocols
  • 60 days after publications: Employers must put their safety protocols in employees’ hands.

By the end of summer, businesses across the state must have plans in place to respond to outbreaks of COVID-19 or similar airborne infectious diseases. That timing is crucial, as some scientists believe COVID-19, like influenza and the common cold, will become a “recurrent seasonal disease” in the fall and winter.

Workplace Safety Committees

The HERO Act empowers workers to stand up for their own safety at work. Companies with at least 10 employees must allow workers to create joint labor-management workplace safety committees. These committees have the authority to review employers’ new health and safety policies, and ensure they measure up to NYSDOL standards.

Under the original act, these committees could address any policy related to the New York Workers’ Compensation Law. However, the amendments restricted their authority to just policies related to occupational health and safety. They also limit the number of committees to one per worksite, and provide them only two hours of paid working time for meetings, and four hours for training.

Civil Lawsuits Against Employers Refusing Safety Protocol

While the NYSDOL has the power to enforce the HERO Act, employees don’t have to wait for the state to protect their health and safety. The law includes a private cause of action, allowing employees to sue their employers for HERO Act violations. However, the amended law placed several restrictions on that right to sue:

  • Employees must give their employer 30 days’ notice and an opportunity to cure the violation before filing their complaint except in cases of bad faith.
  • Employees can only seek injunctive relief if violations “create [] a substantial probability that death or serious physical harm could result to the employee.”
  • Employees must file their complaint within 6 months of learning about the violations
  • Employees must prove damages worth up to $20,000 (the earlier version included specific liquidated damages of $50 per day).
  • Employees could face attorney fee sanctions if a judge believes their claim is frivolous.

At Eisenberg & Baum, our experienced employment attorneys care about workers’ safety on the job. We understand the HERO Act and can help you and your coworkers enforce it. If your employer is ignoring its duty to protect you from infectious disease, we can help. Contact us today to schedule a free consultation.