Jeffrey Thornton, a Black job applicant in San Diego, has filed the first discrimination lawsuit in California invoking the CROWN Act, a relatively new California law that went into effect in January 2020.  CROWN (Create a Respectful and Open Workplace for Natural Hair) prohibits companies and public schools from using grooming policies targeting Black people’s natural hairstyles, including cornrows, dreadlocks, and twists.

In late November 2021, Thornton sued an event production company called Encore Global, which has an office in San Diego, alleging that Encore violated the CROWN Act when they asked him to cut his dreadlocks as a condition of employment.  Thornton says Encore told him he would need to cut his dreadlocks to comply with the company’s standards. The lawsuit alleges that Encore required Thornton to cut his hair so that it was off his ears, eyes and shoulders, and that he would not be in compliance by simply tying back his hair.

Since California passed the first CROWN Act in 2019, twelve more states have passed similar legislation. While federal courts generally take the stance that afros are a racial trait protected by anti-discrimination laws, they don’t take the same position toward other natural Black hairstyles. That is why the CROWN Act offers unique and groundbreaking protection for California employees. California state senator Holly Mitchell, who wears locs, originally introduced the CROWN Act after being inspired by a case involving a Black woman in Alabama who lost her job at a call center after refusing to cut her dreadlocks.

Encore has stated since the filing of the lawsuit, “We regret any miscommunication with Mr. Thornton regarding our standard grooming policies — which he appears to fully meet and we have made him an offer of employment.”  Thornton seeks an injunction prohibiting Encore from implementing a grooming or personal appearance policy that violates the CROWN Act or is otherwise discriminatory against people of color.

If you believe you have faced racial discrimination at work, contact Teukolsky Law today for a free consultation. 

Last week, Teukolsky Law asked Chateau Marmont's attorney to reconsider the Chateau's request that TL client, Thomasina Gross, dismiss her race discrimination and sex harassment lawsuit against the famed Hollywood institution and refile her claims in private arbitration proceedings.  Here is the letter:

Dear Mr. Stone:
 
We are in receipt of your March 10 letter in which you ask our client, Thomasina Gross, to dismiss the lawsuit she filed in Los Angeles Superior Court against your client, the Chateau Marmont, and instead file her race discrimination and sexual harassment claims with JAMS, a private arbitration company whose proceedings are not open to the public.  We recognize that the arbitration agreement Ms. Gross signed when she started working for the Chateau appears to be enforceable.  However, we would ask that you reconsider your request for the following reasons.
 
First, the Chateau’s treatment of its employees is a matter of substantial interest to the public and should accordingly be evaluated in a public forum, so that the public can make informed decisions about whether or not to give their business to the Chateau.  Whereas arbitrations are essentially a “secret system controlled by the wrongdoers,” court cases ensure that the public has access to information that affects them.  If Ms. Gross’s claims proceed in arbitration, none of the documents filed in the case will be a public record, and the testimony provided by witnesses will not be accessible to the public. 
 
Second, a plaintiff’s ability to conduct discovery to learn information about the defendant’s case is far more constrained in arbitration than in court.  For example, the JAMS Employment Arbitration Minimum Standards provide for only one deposition per party, while California state courts allow for the parties to take the depositions of all witnesses with relevant information.  Given the nuances involved in evaluating a race discrimination and sexual harassment claim, we believe broader discovery is necessary.
 
Third, while forced arbitration is unfair to all workers (Americans are more likely to be struck by lightning than to win their cases in arbitration), it disproportionately affects female workers and Black workers, who are the most likely groups to be bound by forced arbitration.  Meanwhile, only 28.84% of JAMS arbitrators are women, and only around 4% are African-American.  We believe that our client, an African-American woman alleging race discrimination and sexual harassment in the workplace, deserves to have her case heard by a jury of her peers that is reflective of the community of Los Angeles. 
 
For these reasons, we would respectfully request that you permit Ms. Gross to proceed with her claims in court, and not require her to proceed in arbitration.  We appreciate your consideration of our request.

LA Country District Attorney George Gascon has issued a statement in support of workers following a suit filed by Teukolsky Law against the legendary Chateau Marmont hotel.

District Attorney Gascón stated: “I am aware of the civil lawsuit and allegations made regarding the Chateau Marmont Hotel. Workers can often feel powerless when dealing with hostile workplaces, dangerous work conditions, and wage theft. I am committed to protecting workers in Los Angeles County.”

Gascon’s statement references the lawsuit filed on January 27 by former employee and plaintiff Thomasina Gross. The lawsuit alleges that Ms. Gross, who is African-American, was repeatedly passed over for promotions and work assignments in favor of white candidates and colleagues. The suit also alleges that Ms. Gross faced unwanted touching from guests as she served them, and that management did not help when she attempted to report this conduct.

Gascon, who has been in office since December, campaigned on a progressive platform of reforming the DA’s office. His statement follows actress and activist Jane Fonda’s pledge to boycott the Chateau Marmont until it has addressed the workers’ concerns.
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The Hollywood Reporter wrote an article about Gascon’s statement, which can be found here.

If you believe you have experienced racial discrimination or sexual harassment at work, contact Teukolsky Law today for a free consultation.

At a press conference on January 28, 2021, Lauren Teukolsky announced the filing of a new lawsuit against Chateau Marmont on behalf of former employee Thomasina "Thommi" Gross. Chateau Marmont is a legendary Hollywood hotel known as a playground for its wealthy clientele. Ms. Gross, who is African-American, worked as an events server there from 2017 to 2020, until she was laid off due to the COVID-19 pandemic.

The complaint, which was filed on January 27 in Los Angeles Superior Court, alleges that Ms. Gross was repeatedly passed over for promotions in favor of white employees. Ms. Gross, who had over a decade of experience in high-end hotel hospitality, received far less compensation and fewer hours than her white counterparts. This was consistent, says the complaint, with the Chateau’s discriminatory preference for placing white or light-skinned people of color in guest-facing roles.

The suit also alleges that due to the Chateau’s “anything goes” party environment, guests felt free to touch and grope Ms. Gross as she served food during events. When Ms. Gross reported guest misconduct to management, the complaint alleges, they took no steps to protect her, and even retaliated by not giving her any more restaurant shifts.

Ms. Teukolsky said: “Ms. Gross has demonstrated tremendous courage by stepping forward to challenge the discriminatory practices of one of the most iconic Hollywood institutions. We hope that her bravery will lead the Chateau to take steps to protect its employees from guest harassment and to ensure that its hiring practices going forward comply with California’s powerful anti-discrimination laws.”

In an article published on January 28 in the Hollywood Reporter, Ms. Gross commented: “I don’t like having to leave my dignity at the door. It’s exhausting. We’re forced into a fight-or-flight mode. We’re conditioned to believe we have to expect this. I’m speaking out on behalf of myself and others who believe they’ll face retaliation. Changing the culture is my focus. No one should have to deal with this on a day-to-day basis.”

If you believe you have experienced racial discrimination or sexual harassment at work, contact Teukolsky Law today for a free consultation.