Lawsuit Accuses California State University, President Tomás Morales, and Dean Jake Zhu of Equal Pay Act Violations, Gender Discrimination, Intentional Infliction of Emotional Distress, and Other Illegal Behavior

Courtney Abrams, PC & Helmer Friedman LLP Represent Current California State University Employees Accusing CSU Of Illegal Employment Practices

March 14, 2023 (Los Angeles, California) – On this 2023 Equal Pay Day, Courtney Abrams of Courtney Abrams, PC & Andrew H. Friedman of Helmer Friedman LLP announced today the filing of a lawsuit against the Board of Trustees of the California State University (“CSU”), the President of CSU’s San Bernardino campus, Tomás Morales, and the Dean of the Palm Desert Campus of CSU, San Bernardino, Jake Zhu.

The lawsuit, Clare Weber & Anissa Rogers v. Board of Trustees of the California State University (the State of California acting in its higher education capacity); Tomás Morales, an individual; and Jake Zhu, an individual (Los Angeles Superior Court Case No. 23STCV05549), alleges that CSU has a well-known pattern and practice of violating California’s Equal Pay Act and otherwise engaging in gender discrimination against and harassing its female employees.

The lawsuit further alleges that CSU resorts to an entrenched practice of silencing its victims if they complain, including forcing them to resign by threatening their careers with ruin (like Plaintiff Anissa Rogers), or, if they refuse, simply firing them (like Plaintiff Clare Weber).

Unfortunately, women’s individual stories have often included the reality that their contributions have been undervalued, underpaid, and overlooked. Pay discrimination is a stark example of that reality […] When a woman is paid less than a man for doing the same work […] it not only affects her weekly paycheck but also her long-term economic security.

According to the lawsuit, Dr. Weber, who was the then-Vice Provost at CSU’s San Bernardino campus, complained to Defendant CSU and President Tomás Morales that female Vice Provosts, including herself, were being paid less than their male counterparts. The lawsuit alleges that Dr. Weber specifically protested gender discrimination, including complaining that (1) she had learned that she was not making the same amount of money as her male counterparts in the CSU system and (2) she was one of the lowest-paid despite her large portfolio of assignments. According to the lawsuit, Dr. Weber requested a raise to address the disparity in pay between her and her male colleagues. Indeed, as the EEOC recognized today, allegations like Dr. Weber’s are all too common:

“Unfortunately, women’s individual stories have often included the reality that their contributions have been undervalued, underpaid, and overlooked. Pay discrimination is a stark example of that reality . . . When a woman is paid less than a man for doing the same work . . . it not only affects her weekly paycheck, but also her long-term economic security.”

See “A Message from EEOC Chair Charlotte A. Burrows for 2023 Equal Pay Day and Women’s History Month,”.

The lawsuit likewise alleges that Dr. Rogers, who was the then-Associate Dean at the Palm Desert Campus at CSU, San Bernardino, complained to Dean Jake Zhu that male employees were permitted to harass female employees and that Defendant CSU “needed to do better to disrupt sexism.” According to the lawsuit, Defendant Zhu, who had subjected Dr. Rogers and other female employees to a barrage of sex harassment, instructed Dr. Rogers to just “train the men.”

male employees were permitted to harass female employees, and Defendant CSU ‘needed to do better to disrupt sexism.’

The lawsuit alleges that, thereafter, in identical conversations with both Dr. Weber and Dr. Rogers, current Provost of CSU, San Bernardino, Rafik Mohamed, directed both Dr. Weber and Dr. Rogers to lie to their colleagues and students and say they were “resigning.” According to the lawsuit, Dr. Mohamed was abundantly clear with both Dr. Weber and Dr. Rogers: If you do not resign, you will be fired.

The lawsuit also alleges that multiple current and former employees have corroborated the conduct alleged to be illegal, including one current executive as attesting:

“President Morales is so deeply hostile to and regularly discriminates against female employees who work for him, there is a culture of fear at California State University. And unfortunately, President Morales has a well-known practice of forcing female employees to “resign” or “retire” if they disagree with him or complain. He quickly turns on female employees who report workplace concerns to him and engages in what I can only call a “campaign” to discredit them and remove the female employees.”(Emphasis added)

According to the lawsuit, CSU Chancellor Jolene Koester has been known to have “coached” female employees about how best to endure well-documented sex harassment, discrimination, and retaliation by high-ranking male employees (while doing nothing to stop it).

President Morales is so deeply hostile to and regularly discriminates against female employees who work for him that there is a culture of fear at California State University. And unfortunately, President Morales has a well-known practice of forcing female employees to “resign” or “retire” if they disagree with him or complain. He quickly turns on female employees who report workplace concerns to him and engages in what I can only call a “campaign” to discredit them and remove the female employees.

The lawsuit alleges that after Dr. Weber was fired, Defendant CSU offered multiple conflicting explanations for her firing – none of which were true.

The lawsuit filed by Dr. Weber and Dr. Rogers follows on the heels of a May 2022 study released by the California State University Employees Union finding that the current pay structure within CSU has resulted in white women being paid roughly five percent less than white men, men of color making about three percent less, and women of color having a nearly seven percent disparity in pay when compared to white men. See CSUEU Salary Study.

Dr. Weber and Dr. Rogers are represented by Courtney Abrams, PC, and Helmer Friedman, LLP, California law firms that represent employees and other individuals seeking to vindicate their rights.

Speaking about the lawsuit, Courtney Abrams stated, “California law is clear: it is illegal for employers to subject female employees to inferior and hostile working conditions and pay them less than their male counterparts.”

Andrew H. Friedman likewise stated: “California law is abundantly clear that an employer – not even the State of California – may retaliate against an employee because she complains about gender discrimination and harassment.”

Current and former employees of California State University who wish to report their work experiences or learn more about the lawsuit should complete a case evaluation form and/or visit https://courtneyabramslaw.com/csu-sued-for-gender-discrimination-and-sex-harassment.

For more information about this lawsuit, please contact Courtney Abrams (at 310-490-1547 or courtney@courtneyabramslaw.com) or Andrew H. Friedman (at 310-396-7714 x. 106 or afriedman@helmerfriedman.com).

Similarly, if you are a witness or have information that would be relevant to the claims of Dr. Weber or Dr. Rogers, please contact Mr. Friedman and/or Ms. Abrams.

DOCUMENTS:

• Confirmed Complaint for Damages – Case No. 23STCV05549 – Clare Weber & Anissa Rogers V. Board of Trustees of the California State University; Tomás Morales, and Jake Zhu

• Complaint for Damages – Clare Weber & Anissa Rogers V. Board of Trustees of the California State University; Tomás Morales, and Jake Zhu

• Settlement Agreement – $12 Million Settlement Agreement

MEDIA COVERAGE – WEBER-ROGERS CASE FILING:

• Press Release – Courtney Abrams, PC & Helmer Friedman LLP Represent Current California State University Employees Accusing CSU Of Illegal Employment Practices

• The Daily News – Former Cal State San Bernardino Administrator Awarded $6 Million for Gender Discrimination

• ED Source – CSU Trustees and Cal State San Bernardino President Face Equal Pay Lawsuit

• The San Bernardino Sun – Former Cal State San Bernardino Administrators Claim They Were Fired for Complaining About Gender Discrimination

• The Fresno Bee – CSU Hit With Another Discrimination Lawsuit, Targeting Gender-based Pay Inequity

• MSN – A Vice Provost And Dean Allege An Lawsuit They Were Forced Out of Their Jobs Into Teaching Positions After Complaining To Administrators

MEDIA COVERAGE – ROGERS $6 MILLION VERDICT:

• $6,000,000 Jury Award Press Release – Andrew H. Friedman and Courtney Abrams, in partnership with renowned lead trial attorney David M. deRubertis, obtained a $6 Million jury verdict on behalf of a former California State University, San Bernardino Associate Dean Anissa Rogers.

• EdSource – Ex-CSU San Bernardino administrator awarded $6M in gender bias lawsuit or PDF version.

• KESQ News – Jury awards former CSUSB Associate Dean $6 million in CSU gender discrimination lawsuit or PDF version.

• Inside Higher Ed – Jury Awards $6M in CSU Harassment Case or PDF version.

• Fresno Bee – Former Cal State dean awarded $6M in harassment suit. Fresno State cases cited or PDF version.

• Los Angeles Daily News – Former Cal State San Bernardino administrator awarded $6 million for gender discrimination: Anissa Rogers’ attorney said the ex-associate dean stood up for women ‘who have been subjected to gender-based double-standards’ in the CSU system or PDF version.

• Yahoo News – Former Cal State dean awarded $6M in harassment suit or PDF version.

• Cal School News – Former Cal State San Bernardino Associate Dean Wins $6 Million in Gender Harassment Verdict or PDF version.

• Daily Breeze – Former Cal State San Bernardino administrator awarded $6 million for gender discrimination or PDF version.

• Desert Sun – Former CSUSB Palm Desert official wins $6M over gender discrimination.

• The Riverside Record – Jury Awards Former CSUSB Palm Desert Campus Associate Dean $6M In Gender Discrimination Lawsuit: Jurors find the university failed to take all reasonable steps to prevent harassment, retaliated against Anissa Rogers for reporting harassment and constructively discharged her or PDF version.

MEDIA COVERAGE – CSU $12 MILLION SETTLEMENT:

• $12,000,000 Settlement Press Release – CSU to Pay $12 Million to Settle Gender Harassment and Retaliation Cases

• California Faculty Association San Bernardino Statement – No Golden Parachute for Discrimination-Enabling Administrators: CFA Calls on CSU Trustees to Deny Executive Benefits to CSUSB President

• Law 360 – CSU Cuts $12M Deal To End Fired Admins’ Sex Bias Suit

• The Sun – Two former Cal State Two former Cal State Administrators Get $12 million in settlement

• The Press-Enterprise – Two former Cal State administrators get $12 million in administrators get $12 million in gender discrimination settlement

• KVCR Public Media – CSU to pay $12 Million in Employment Discrimination Settlement