Deena R. Merlen Interviewed by “Fortune” Regarding Sex Discrimination Claims Against Meta
RPJ Partner Deena R. Merlen spoke with Fortune last week about Kelly Stonelake’s lawsuit filed earlier this month against Meta (formerly known as Facebook). Stonelake, who worked at the tech giant for fifteen years, accuses Meta of egregious sex discrimination and retaliation in violation of state discrimination laws in Washington as well as unlawfully retaliating against her for raising concerns about risk, particularly to children, with respect to certain Meta products. Stonelake alleges she was subjected to sexual assault, quid pro quo sexual harassment and repeated instances of blatant sex discrimination at Meta before she was laid off following a medical leave of absence.
As noted by Fortune,
Stonelake is one of a long line of women to feel mistreated and sidelined by a male-dominated culture in Silicon Valley. Her lawsuit also comes as Meta makes headlines for rolling back its diversity policies, while CEO Mark Zuckerberg talks up the value of “masculine energy” just weeks before laying off 3,600 employees for what he termed ‘low performance.’
Ms. Merlen, who reviewed Stonelake’s complaint, told Fortune, “Kelly Stonelake’s allegations are certainly concerning and should be taken seriously by Meta.” She also pointed out that these types of experiences and accusations are not uncommon across industries.
Asked about Meta’s potential defenses, and in particular whether there is any significance to whether a claimant utilizes an employer’s hotline for reporting conduct violations, Ms. Merlen discussed the Faragher-Ellerth defense, which in appropriate circumstances may help an employer avoid liability for harassment by showing that although the employer took reasonable measures to prevent sexual harassment in the workplace, the employee failed to utilize them. This affirmative defense is generally recognized in cases brought under Federal discrimination law as well as the discrimination laws of certain states, but not all. For example, this defense is not available under either New York State nor New York City discrimination laws.
Meta has yet to comment on the ongoing litigation, but Stonelake’s case has brought attention to systemic issues of discrimination and bias in the male-dominated tech industry, particularly within Meta’s corporate culture.
Read the full Fortune article here or in Yahoo! News here.
This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Deena R. Merlen, who counsels clients in areas of employment and labor law, intellectual property, media and entertainment, general business law, commercial transactions and dispute resolution. Ms. Merlen is admitted to practice law in Connecticut and New York.