California Employee Sues Employer for Discrimination During Lockdown

California Employee Sues Employer for Discrimination During Lockdown

A California employee of a national insurance services company is suing her employer after she was allegedly fired for complaining about discrimination from her supervisor who did not like that she was caring for her children while she worked from home during the COVID-19 lockdown. This and many other legal employment issues have arisen during the coronavirus pandemic in California, and as a worker it is important to know that even during lockdown you still have rights. If you believe that your employer violated your rights it is important that you speak with an experienced California employment law attorney right away.

Working and Childcare During Lockdown

Drisana Wallace was an employee of HUB International Insurance Services in their San Diego office from August 2019 to June 2020. During that time, the coronavirus pandemic occurred and Wallace worked from home during the lockdown. She claims that her supervisor, an executive vice president of the company, had problems with her working from home and caring for her children. She claims that she was eventually fired after complaining about her supervisor to the company.

According to the lawsuit, Wallace was unable to secure childcare for her two children, ages 4 and 1 because of the lockdown. She was able to perform her job functions, but it took a toll on her children and she was still nursing. She requested assistance from the company with flexibility to help care for her children, at which point the lawsuit claims her supervisor engaged in a “barrage of sexist statements” including that her children should not be heard during phone calls. This was difficult to accomplish because the calls occurred while her children were awake during the day. Her supervisor then began giving her rushed tasks that required immediate turnaround, questioned her availability, and treated fathers working from home differently. Wallace submitted a complaint to HR, and she was terminated shortly thereafter.

Wallace filed a lawsuit claiming discrimination with the California Department of Fair Employment and Housing last month. The lawsuit filed in California Superior Court alleges gender discrimination, retaliation, gender harassment, and wrongful termination by the company. The employer alleges that the termination was due to reduced revenue during the pandemic and not because of discriminatory actions.

Gender Discrimination

All workers in California are protected against discrimination based on gender, and as a corollary based on their expected gender roles and responsibilities, in the workplace. This includes when employees are required to work from home due to lockdown restrictions during the coronavirus pandemic. While many employers have been flexible during this difficult time, others are using the opportunity to engage in discrimination and harassment of their employees because of their dual roles as worker and caregiver. If you believe that your employer is discriminating against you during this challenging time, it is critical that you speak with an employment law attorney.

Talk to a Lawyer Now

To learn more about your legal options after potential discriminatory action by your employer, call or contact a highly rated California employment law attorney today.