Kiwi Farms

• Retaliation In Violation of Lab. Code, § 1101
  • Labor Code section 1101 prohibits employers from making, adopting, or enforcing any rule, regulation, or policy that forbids or prevents employees from engaging or participating in politics, or controls or directs, or tending to control or direct the political activities or affiliations of employees.
• Retaliation In Violation of Lab. Code, § 1102
  • Labor Code section 1102 prohibits employers from using the of threat of discharge or loss of employment to coerce or influence or attempt to coerce or influence its employees to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.
• Retaliation in Violation of FEHA, Gov. Code, § 12940(h)
  • Government Code section 12940(h) makes it an unlawful employment practice for an employer to discriminate against any person because the person has opposed any practices forbidden under the FEHA.
• Hostile Work Environment in Violation of Gov. Code, § 12940(j)(1)
  • Government Code section 12940(j)(1) makes the harassment of an employee because of their sex, gender, gender identity, gender expression, or sexual orientation unlawful if the entity, or its agents or supervisors, knew or should have known of this conduct and failed to take immediate and appropriate corrective action.
• Failure to Take All Reasonable Steps to Prevent Discrimination and Harassment from Occurring in Violation of Gov. Code, § 12940(k)
  • Plaintiff was a member of a group protected by that statute, in particular Government Code section 12940(k), prohibiting failure to take all steps to prevent discrimination and harassment from occurring.
• Retaliation In Violation of Lab. Code, § 1102.5
  • Labor Code section 1102.5 prohibits retaliation against an employee for disclosing information to a person with authority over the employee or who has authority to investigate, discover, or correct the issue, where the employee has reasonable cause to believe that the information discloses a violation of a state or federal statute, or a violation or noncompliance with a local, state, or federal rule or regulation. Labor Code section 1102.5 further prohibits retaliation against an employee for refusing to participate in an activity that would result in such a violation.
• Wrongful Termination in Violation of Public Policy
  • It is, and at all times relevant to this action has been, the law and fundamental public policy of the state of California that an employer may not retaliate against an employee for raising, opposing, or refusing to participate in conduct or activities that he reasonably believes to be a violation of state or federal laws or regulations. This public policy is embodied in statutes including, but not limited to Labor Code sections 1101, 1102, 1102.5 and Government Code section 12940.

February 21, 2018 FOR IMMEDIATE RELEASE
LAWSUIT CLAIMS GOOGLE’S NETWORKING FORUMS ARE A “CESSPOOL” OF HARASSMENT

San Francisco. A lawsuit filed today claims that Google, Inc.’s internal social networking forums have become a tool for widespread bullying and harassment of women, people of color and other underrepresented groups at the tech giant. The lawsuit also accuses Google of firing an employee for pushing back on the pervasive harassment.

Tim Chevalier, the software developer and computer scientist who filed the case, claims that Google fired him when he responded forcefully to posts attacking women and people of color and expressing white supremacist views. Chevalier, who is disabled and transgender, responded directly to the workplace bullies by posting comments challenging the hostile work environment and refuting assertions that women and people of color are biologically unsuited for software engineering, and that Google should not actively recruit them.

According to the lawsuit, Chevalier’s posts also championed transgender and disabled rights, and raised awareness about how Google’s culture excludes and discriminates against minorities. The lawsuit alleges that Google chose to fire Chevalier for his comments instead of addressing the rampant harassment and discrimination he was protesting.

Chevalier stated, “It is a cruel irony that Google attempted to justify firing me by claiming that my social networking posts showed bias against my harassers. The anti-discrimination laws are meant to protect marginalized and underrepresented groups- not those who attack them.”

Chevalier’s attorneys regularly represent tech employees in high profile discrimination and retaliation cases. According to David Lowe, one of Chevalier’s attorneys at Rudy, Exelrod, Zieff & Lowe, LLP, “Company social networking forums can be incredibly useful, but employers have an obligation to prevent them from becoming a cesspool of bullying and harassment. Firing the employee who pushed back against the bullies was exactly the wrong step to take.”

The lawsuit, filed in San Francisco County Superior Court, seeks damages for lost wages, emotional distress, punitive damages, injunctive relief, and attorneys’ fees and costs.

PRESS CONTACT: David A. Lowe
Rudy, Exelrod, Zieff & Lowe, LLP
dal@rezlaw.com

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• Whitney Wolfe v. TINDER; MATCH.COM; and IAC, INC
  • https://www.rezlaw.com/News-Events/06-30-14_Complaint_with_Exhibits-1.pdf
  • https://techcrunch.com/2014/07/09/whitney-wolfe-vs-tinder/
    
  • http://www.businessinsider.com/whit...l-harassment-tinder-lawsuit-1-million-2014-11
    
  • https://en.wikipedia.org/wiki/Whitney_Wolfe_Herd#Tinder
• RACHEL DANAE VACHATA v. LUCIO LANZA
  • https://www.mercurynews.com/2018/02...ted-female-startup-founder-on-red-eye-flight/
  • (its still pending was only filed a week ago)
• RICHARD PRENTICE, CHRISTIANMILLER, and TIFFINEYPETHERBRIDGE v. FUND FOR PUBLIC INTEREST RESEARCH, INC.
  • https://www.scribd.com/document/17407173/The-Fund-Class-Action-Motion-for-Settlement
  • https://en.wikipedia.org/wiki/Fund_for_the_Public_Interest#Lawsuits_against_the_Fund
• DANIELLE WARREN v. PAYCHEX, INC
  • https://cases.justia.com/federal/district-courts/california/candce/3:2010cv02006/227427/24/0.pdf
    
  • https://www.law360.com/cases/4d3ea77eb6f4f1786600002f
• NICK CANCILLA v. ECOLAB
  • https://www.leagle.com/decision/infdco20121204722
    
  • https://www.law360.com/articles/669293/ecolab-strikes-7-5m-deal-to-end-exterminators-ot-suit