A federal judge ruled Wednesday that Ashley Judd may pursue her allegations that Harvey Weinstein blackballed her after she declined his sexual advances.
Walmart sued for alleged discrimination against pregnant workers
Walmart sued for alleged discrimination against pregnant workers
Federal regulators have filed a lawsuit against Walmart claiming the retailer forced pregnant workers to take unpaid leave and refused their requests for less physically demanding duties.
Companies are required by law to accommodate employee pregnancies the same way they would disabilities, according to an article on the lawsuit published by Reuters. The suit was filed Friday on behalf of Alyssa Gilliam and several other female employees.
In her complaint, Gilliam said she became pregnant in April 2015, at which point she requested “light duty or transfer to a less physically demanding job” to avoid any heavy lifting that might endanger her pregnancy. She said she was told “light duty” was only available “to employees on workers’ compensation.”
Gilliam claimed her requests for a chair, shorter work days, or additional breaks were also denied. She said that eventually, she was forced to transfer to a part-time job within the company, resulting in a pay cut and loss of benefits.
Federal regulators have filed a lawsuit against Walmart claiming the retailer forced pregnant workers to take unpaid leave and refused their requests for less physically demanding duties. Companies are required by law to accommodate employee pregnancies the same way they would disabilities, according to an article on the lawsuit published by Reuters. The suit was filed Friday on behalf of Alyssa Gilliam and several other female employees. In her complaint, Gilliam said she became pregnant in April 2015, at which point she requested “light duty or transfer to a less physically demanding job” to avoid any heavy lifting that might endanger her pregnancy. She said she was told “light duty” was only available “to employees on workers’ compensation.” Gilliam claimed her requests for a chair, shorter work days, or additional breaks were also denied. She said that eventually, she was forced to transfer to a part-time job within the company, resulting in a pay cut and loss of benefits.
Why Elon Musk Could Lose Defamation Suit Over Calling Thai Cave Rescuer A Pedophile
After Elon Musk apologized for his tweet calling Vernon Unsworth, a Brit who took part in the Thai-cave rescue this past summer, a “pedo guy,” the Tesla CEO emailed Buzzfeed, called him a “child rapist” and wrote, “I f*cking hope he sues me.”
This week, Unsworth filed a defamation lawsuit in the United States District Court for the Central District of California, alleging Musk caused him “worldwide damage” and that his tweets, which reached Musk’s 22.5 million followers before being deleted, were part of a “campaign to impugn” him. Unsworth is requesting damages in excess of $75,000.
Musk may have a bigger fight on his hands than he had anticipated, though, because Unsworth’s claim is strong even under California defamation law’s strict actual malice standard — and also because Unsworth’s attorney L. Lin Wood has already promised to file a similar lawsuit in London.
Leading Up to the Lawsuit
In June, the dramatic rescue of a boys’ soccer team and their coach made international news after they were trapped in the Tham Luang Nang Non cave system in northern Thailand. Unsworth is an experienced caver who knows the underground passageways well and volunteered to aid in the operation, which ended in the successful retrieval of the team and coach in July.
During the course of the rescue, Musk publicly promised to build and supply a mini-submarine that would be able to navigate the narrow tunnels of the caves and rescue the children and their coach. This device, however, was never used.
Unsworth appeared on CNN and criticized Musk’s mini-submarine offer, calling it a “PR stunt” and suggested Musk could “stick his submarine where it hurts.” These comments prompted Musk’s tweet that referred to Unsworth as “pedo guy,” slang for a pedophile. Musk doubled down in a subsequent tweet, “Bet ya a signed dollar it’s true.”
Musk later deleted those tweets and apologized, claiming his words were “spoken in anger after Mr. Unsworth said several untruths & suggested I engage in a sexual act with the mini-sub,” but he never retracted allegations of pedophilia.
In late August, the controversy arose again when Musk essentially dared Unsworth to bring a lawsuit, tweeting, “You don’t think it’s strange he hasn’t sued me?” And then came the Buzzfeed emails, which included the claim that Unsworth had moved to Thailand to marry a 12-year-old bride.
California Defamation Law
Defamation is the publication of a false statement that damages someone’s reputation or livelihood. California recognizes “defamation per se,” in which a statement is defamatory on its face; one example of this type of defamation is a statement that someone is guilty of a crime.
Public figures in California must show that the speaker of the alleged defamatory statement acted with actual malice, “that state of mind arising from hatred or ill will toward the plaintiff,” with the knowledge that the statements are false or actions that show a reckless disregard for their falsity. This standard is high and rightfully so because it works to protect the freedom of speech.
It’s time we say no to racism and no to racists like KessieNair
Kessie Nair’s brand of vitriol and racism is not only crude and dangerous, but also a bullet in the head of a proud cohort of Indians who; having arrived here as slaves, have evolved to come to stand proud amongst the oppressed people; come to accept these southern shores as our only home, come to have little to no ties with the Indian sub-continent, and come to proudly call ourselves South African. What little “Indian” lies in us, is largely of a religious or cultural complexion.
Nair, a convicted fraudster, finds it appropriate to insult President Cyril Ramaphosa; in the most ugly and repugnant form; with impunity and in so doing he feeds into the “Indians are the most racist” narrative. Truthfully though, he is sadly not a lone voice, nor is his backwardness and racist tendencies.
Let’s be honest; racism is well and alive in very many Indian homes. So, to start with, let’s be clear, it’s never okay to be “just a little” racist, not even in the confines of your personal circles, Whatsapp groups or cover of home. It’s never okay to be racist in the name of expressing genuine problems of poverty, crime; corruption or anything else. It’s not okay to put fear into little kids about an African person; this only lays the seeds of racism. These kids grow up harbouring those ill feelings, which mutate into prejudice; and often into full-blown racism.
It’s not okay to refer to African people (or anyone else) in derogatory terms. Using other forms of reference (whether in Tamil; Hindi or whatever else) is no less racist then the use of the K-word. It’s not okay to have an “African Friend” to mask your racism; when on the homefront everything about your demeanour is racist.
Facebook accused of allowing discriminatory job postings on its platform
Facebook is allowing job ads on its platform that exclude women, according to the American Civil liberties Union.
Facebook responded quickly, saying that there is “no place for discrimination” on its platform and that it will defend its practices once it can review the complaint.
The ACLU and the Communications Workers of America labour union say the ads target potential job applicants based on gender. This includes women as well as people who do not identify as either men or women, or “non-binary” people.
The complaint was filed on behalf of three women, living in Pennsylvania, Ohio and Illinois, who allegedly were not shown ads for jobs in traditionally male-dominated fields, even though they appeared qualified for those positions. The ads, which appeared over the course of several months in 2017 and 2018, were for jobs such as tire salesman, mechanic, roofing worker and security engineer, said Galen Sherwin, senior staff attorney at the ACLU’s Women’s Rights Project.
The ACLU says that the women, as well as the union’s other female and other non-male members, have “routinely been denied the opportunity” to receive job ads and recruitment on Facebook that their male counterparts received. Targeting job ads by gender is illegal under Title VII of the Civil Rights Act of 1964.
In one of the ads in the complaint, the City of Greensboro, North Carolina is advertising jobs at its police department. The ad shows a photo of two policemen and says the department is hiring “year round” with a starting salary of $38,222. The ad placed by the city was targeted to “men ages 25 to 35 who live or were recently near Philadelphia.” Such targeting information is available to Facebook users when they click on “why am I seeing this” on a drop-down menu on the ad.
Grindr aims to stamp out discrimination on its platform with ‘Kindr’ initiative
Grindr has long had a problem with discrimination.
it’s evidenced by profiles which are openly racist, with terms like “Black=block,” “no gaysians” or “no chocolate or ice” that are written in these bios.
Now the gay dating app is looking to stamp it out. It’s launched an initiative called Kindr, updating its community guidelines in a stand against racism, bullying, or other forms of toxic behaviour.
The biggest change to the guidelines is the banning of discriminatory language in these profile bios, and those who breach the new rules are subject to review by moderators.
Grindr has also launched a website featuring its diverse user base, along with a five-video series where users talk about the discriminatory comments that they’ve received on the platform.
“If you don’t put ‘no Asians’ in your profile that doesn’t mean you have to fuck Asians now, it just means I don’t have to see it,” comedian Joel Kim Booster, who appears in the campaign, explains.
“Sexual racism, transphobia, fat and femme shaming and further forms of othering such as stigmatization of HIV positive individuals are pervasive problems in the LGBTQ community,” Landen Zumwalt, head of communications at Grindr, said in a statement.
“These community issues get brought onto our platform, and as a leader in the gay dating space, Grindr has a responsibility to not only protect our users, but also to set the standard for the broader community that we serve.”
It comes after a lawsuit was threatened against the company by Los Angeles user Sinakhone Keodara, who told NBC News the platform “allows blatant sexual racism by not monitoring or censoring anti-Asian and anti-black profiles.”
Gay dating app launches anti-racism campaign
If you’re a black or Asian user of gay dating app Grindr, then it’s possible you’ve encountered racism while using it.
Some users of the app have said they’ve come across what they believe are discriminatory statements on other profiles – things like “no blacks and no Asians”.
Others say they’ve faced racist comments in conversation with users when they’ve rejected their advances.
Now Grindr has taken a stand against discrimination on its platform and says no user is entitled to tear another down for “being who they are”.
It’s launched the #KindrGrindr campaign to raise awareness of racism and discrimination and promote inclusivity among users.
It says it will ban users who “bully or defame” others and will remove offensive language from profiles.
This is the first in a series of videos, and includes well-known BAME individuals such as RuPaul’s Drag Race star The Vixen and comedian Joel Kim Booster.
Zac Stafford, chief content officer at Grindr, says he has experienced racism on the app himself.
“I was a user of Grindr before I started working here, so I was already familiar with the racism and issues faced by people of colour or non-masculine identifying people on the app,” he says in a statement.
“Online discrimination has reached epidemic proportions affecting not only Grindr but other social networks.”
“I’ve had people call me a monkey,” says 26-year-old Alex Leon, an LGBT activist from London who uses Grindr.
“Some people will very bluntly say something along the lines of “no blacks, no Asians, no Hispanics”.
He welcomes Grindr’s Kindr initiative but says he’d “like to see more” from the company in the future to protect young BAME people using the app.
“For many young people, this is their first foray into the world of what it means to be LGBT,” he adds.
“These spaces are supposed to be meant for you as a gay or bisexual person and then you come into contact with even more discrimination.”
Ashley Judd can pursue Weinstein defamation case, judge says
But Judge Philip S. Gutierrez dismissed Judd’s sexual harassment claim against the disgraced producer, finding that it would be unprecedented to apply the statute to a prospective employer.
“We are very pleased that today the District Court held that Ashley Judd can proceed with her lawsuit against Harvey Weinstein and continue her effort to vindicate the wrongs he committed against her among so many other women,” said Judd’s attorney, Theodore Boutrous. “The law should not tolerate this abuse of power to damage another’s career.”
Boutrous said the case will now proceed to discovery, including taking Weinstein’s deposition.
Judd filed suit in April, alleging that Weinstein smeared her reputation and dissuaded Peter Jackson from hiring her on “The Lord of the Rings.” Judd was one of the first to speak out against Weinstein, telling the New York Times that he invited her to a hotel room in late 1996 or early 1997, tried to massage her, and asked her to watch him take a shower. She refused and walked out.
Judd says she was up for a part in “The Lord of the Rings” two years later, but did not get it. After the Weinstein scandal broke last fall, Jackson said in an interview that Miramax had discouraged him from hiring Judd and actress Mira Sorvino, describing them as a “nightmare to work with.”
Judd argued that she only had a two-day part in the 1995 Miramax film “Smoke,” which was positive, and during which she had no interaction with Weinstein, and that therefore Weinstein’s comments were defamatory.
In a motion to dismiss, Weinstein’s lawyers argued that his alleged conduct did not rise to the level of sexual harassment and that the entire suit should be thrown out due to the statute of limitations. They also claim that Weinstein tried to cast Judd in other roles, proving he did not intend to harm her career, and that Weinstein’s purported statement that Judd was a “nightmare” was an opinion, and therefore not a provable fact subject to a defamation claim.
Racial Discrimination Can Take A Heavy Toll on Latino and Asian Teens
Racial Discrimination Can Take A Heavy Toll on Latino and Asian Teens
Latino and Asian adolescents who face racial or ethnic discrimination are more likely to experience depression, poor self-esteem, lower academic achievement, substance use and risky sexual behavior, according to a new meta-analysis published in the journal American Psychologist.
The findings reveal that young people of Asian and Latino backgrounds were at greater risk for these factors than African-American youth. In addition, the impact of discrimination on Latino youth’s academic performance was more pronounced than in African-American adolescents.
The study is the first to investigate the impact of perceived racial and ethnic discrimination on adolescents using meta-analyses.
Latino and Asian adolescents who face racial or ethnic discrimination are more likely to experience depression, poor self-esteem, lower academic achievement, substance use and risky sexual behavior, according to a new meta-analysis published in the journal American Psychologist. The findings reveal that young people of Asian and Latino backgrounds were at greater risk for these factors than African-American youth. In addition, the impact of discrimination on Latino youth’s academic performance was more pronounced than in African-American adolescents. The study is the first to investigate the impact of perceived racial and ethnic discrimination on adolescents using meta-analyses. Latino and Asian adolescents who face racial or ethnic discrimination are more likely to experience depression, poor self-esteem, lower academic achievement, substance use and risky sexual behavior, according to a new meta-analysis published in the journal American Psychologist. The findings reveal that young people of Asian and Latino backgrounds were at greater risk for these factors than African-American youth. In addition, the impact of discrimination on Latino youth’s academic performance was more pronounced than in African-American adolescents. The study is the first to investigate the impact of perceived racial and ethnic discrimination on adolescents using meta-analyses.
Spotify sued by former sales employee over gender discrimination and equal pay violations
A former sales executive at Spotify has sued both the streaming music company and its US head of sales, Brian Berner, over alleged gender discrimination, equal pay violations, and defamation over her firing.
In a complaint filed with the New York Supreme Court on September 18th, Hong Perez accused Spotify of fostering a negative work culture for women at the company. Hired in 2015, the complaint says that “for three years, she [Perez] received extremely positive reviews and performance feedback. Her region was one of the top performing regions for Spotify.” She was credited as a “hero” during one internal company presentation for providing assistance to a co-worker suffering a stroke.
But during her time at Spotify, Perez “became increasingly concerned” about the company’s treatment of women. She points to two work-related trips — orchestrated by Berner — that were glaring examples of the preferential treatment that men received:
For example, in both 2016 and 2017, Spotify sponsored attendance of sales managers at the Sundance Film Festival for client networking purposes. Berner was in charge of selecting the key sales managers to attend. In both years, Berner selected a men-only group to attend. This, despite the fact, there were several women in equally (if not more) senior sales positions than the men Berner selected to attend.
These were apparently referred to as “Berner’s ‘boys trips’” by others at Spotify. Drug use and even a physical altercation are said to have occurred during the course of the two Sundance visits. “Berner was aware of all of this, which, unsurprisingly, violated Spotify’s Code of Conduct,” the court filing reads. “Yet, in stark contrast to how he would later act concerning a purported Code of Conduct violation by a woman, Berner took no action to investigate or discipline these men.”
Perez says that Berner gave a higher salary bump and greater equity award to a male counterpart that held the same job title as Perez and another woman underneath him. But this issue is systemic, according to the complaint:
‘Not just in the US’: amateur historian highlights Canada’s forgotten racism
Archives shed light on incidents of racial discrimination and the country’s civil rights pioneers.
An amateur historian in Canada has highlighted a forgotten story of racial injustice, and one of the country’s earliest segregation lawsuits, in hopes of bringing recognition to civil rights pioneers.
In 1914, Charles Daniels bought a pair of tickets to see King Lear at Calgary’s Sherman Grand Theatre, but when he attempted to take his orchestra-level seat, he was told by ushers to move up to the balcony level, where other black patrons were seated.
Theatre staff told Daniels that his presence made the white patrons uncomfortable. Daniels protested – refused offers of a refund, and left.
“The fact that this happened in 1914, in Calgary, Alberta, blew my mind. It broke the whole narrative that these kind of things only happen in the United States,” said Bashir Mohamed, a civil servant who has been scouring the provincial archives in Edmonton for the last two years, and wrote about Daniels’s case in an essay for the Sprawl, a Calgary journalism site.
Daniels’s story has re-emerged amid a belated recognition across Canada of past injustices that have been largely absent from the national conversation on race.
At the time, the incident at the theatre was widely covered in local papers, with one running the headline: “CALGARY ‘NIGGER’ KICKS UP FUSS — Wants to Attend Theatre With ‘White Folks’ But Management Says No.”
Daniels retained a lawyer, sued the theatre over its policy of segregation – and won the case.
He was awarded $1,000, worth more than $17,000 USD today. During the trial he had said: “I think the humiliation is worth that amount.”
Mohamed said he had started research the history of black Canadians after reading an online commentator claiming that Canada does not have the same history of racial discrimination as the US. “When I was going through school, I never learned about this black history. But I always assumed there was something there,” he said.
Since then he has documented Canada’s racist place-names, the extensive presence of the Ku Klux Klan in western Canada, the effects of segregation and the fights of early – but largely forgotten – civil rights activists.
“I think it’s very important work… because there isn’t as much written about people of African descent within Alberta,” Jennifer Kelly, a University of Alberta education professor, told the CBC.
Daniel’s story has been told before, over the years and in different publications. But few Canadians are aware of the pioneering theatregoer, whose successful fight against discrimination predated the broader civil rights movement by decades.
“We have photos of Martin Luther King being arrested. We have mugshots. We have photos of Rosa Parks sitting on a bus. We have photos of her mugshot too,” he said.