Sex Discrimination

Madia Law filed a motion for summary judgment Tuesday in the historic lawsuit challenging North Dakota’s ban on same-sex marriage. From the Guardian Newspaper:

A lawyer filed a motion late Tuesday calling on a judge to rule on the legality of gay marriage in North Dakota, the last US state to face a challenge to its constitutional ban on same-sex unions.

Attorney Joshua Newville, representing seven couples in the state, filed the motion for dismissal in the US district court in Fargo in a move that has been successfully used in other states wrestling with same-sex marriage bans. Other bans are currently being challenged in states including Colorado and Georgia.

Newville’s original suit, filed in June, argues that the ban subjects same-sex couples seeking to marry to “an irreparable denial of their constitutional rights” and the state “will incur little to no burden in allowing same-sex couples to marry and in recognizing the lawful marriages of same-sex couples from other jurisdictions on the same terms as different-sex couples”.

Earlier this month North Dakota solicitor general Doug Bahr called for Newville’s case to be dismissed arguing that states have the right to define and regulate marriage.

Newville, a lawyer with the Minneapolis-based firm Madia Law, said: “We are seeking an order from a district judge that declares marriage equality the law of the land in North Dakota.”

North Dakota is the final state to face a challenge to a same-sex marriage ban. The legal case comes after a series of local victories for marriage equality proponents across the US that is putting pressure on the US supreme court to rule once more on gay marriage.

“We all agree that North Dakota denies loving, committed same-sex couples recognition of their marriages. That is not in dispute,” said Newville. “This is a constitutional issue and North Dakota is in violation of the constitution by refusing to marry couples and to recognise marriages from other states and jurisdictions.”

Celeste Carlson Allebach who, with her wife Amber, is one of the plaintiffs in the case said: “We’re very excited with this filing. We’re optimistic and hope to get a ruling before the birth of our coming child so that our family will be recognized as equal under the eyes of North Dakota law and both of us can be listed as parents on our child’s birth certificate.”

Last June the highest US court ruled that married same-sex couples were entitled to federal benefits and effectively ended a ban on gay marriage in California that had been overturned by a lower court. In the wake of those decisions courts in more than a dozen states have invalidated bans on same-sex marriage while others have partially invalidated their rules to recognise marriages from outside the state.

Carl Tobias, Williams professor of law at the University of Richmond said it now looked inevitable that the supreme court would have to revisit same-sex marriage.

“Since the supreme court decision we have had a stream of rulings that have favoured plaintiffs and I think we are likely to see the same in North Dakota,” said Tobias.

In August the 6th circuit court of appeals will hear arguments from gay marriage cases in Ohio, Kentucky, Michigan and Tennessee. The 5th circuit court of appeals, one of the most conservative courts representing Louisiana, Mississippi and Texas, is also expected to start hearing same-sex marriage cases soon, although no date has been set.

“In all likelihood one of the courts could vote against same-sex marriage,” said Tobias. He said he had been surprised that so far decisions had been “so uniform and so fast. The decisions are building on one another and finding earlier arguments persuasive.”

But he said a vote supporting a gay marriage ban was likely and that such a vote would likely lead to another supreme court hearing.

{ 0 comments }

In just a few short weeks, an amendment to the Minnesota Human Rights Act (“MHRA”) that will provide a right to a jury trial for claims arising under that law will go into effect.

Minnesota Jury Trial Attorneys

 

The MHRA  prohibits discrimination and retaliation for opposing such discrimination in a variety of contexts, including public and private employment, housing, education, public accommodation, and more. Protected classes under the MHRA include race, color, creed, religion, national origin, sex, marital status, disability, status with regarding to public assistance, sexual orientation, and age. [click to continue…]

{ 0 comments }

On June 6, 2014, Attorney Joshua Newville of Madia Law filed a lawsuit on behalf of seven same-sex couples in North Dakota. The lawsuit, Ramsay, et al. v. Dalrymple, et al., 14-CV-57, was filed in United States District Court in Fargo, North Dakota.

Like Madia Law’s filing in South Dakota two weeks ago, the lawsuit against North Dakota officials is the first lawsuit in the state to challenge the state’s same-sex marriage ban. The lawsuit alleges the state’s ban on marrying same-sex couples and its refusal to recognize the marriages of other jurisdictions deprives gay and lesbians from their constitutionally-protected rights of equal protection, due process, and right to travel.

Advocacy group Freedom to Marry is tracking the progress of marriage equality litigation across the country.

 KFYRTV.COM – Bismarck, ND – News, Weather, Sports

{ 0 comments }

On May 22, 2014, on behalf of twelve South Dakota residents, Madia Law Attorney Joshua Newville filed a federal lawsuit in United States District Court in Sioux Falls, South Dakota.  The lawsuit challenges the constitutionality of South Dakota’s statutory and constitutional bans on same-sex marriage.

The lawsuit was filed on behalf of Plaintiffs Jennie and Nancy Rosenbrahn, Jeremy Coller and Clay Schweitzer, Lynn and Monica Serling-Swank, Krystal Cosby and Kaitlynn Hoerner, Barbara and Ashley Wright, and Greg Kniffen and Mark Church. Defendants include Governor Dennis Daugaard, Attorney General Marty Jackley, Secretary of Health Doneen Hollingsworth, Secretary of Public Safety Trevor Jones, Pennington County Register of Deeds Donna Mayer, and Brown County Register of Deeds Carol Sherman. United States District Court Judge Karen Schreier is overseeing the matter in the Southern Division of the District of South Dakota. The Court file number is 14-4081.  The allegations contained in the Complaint are below: [click to continue…]

{ 1 comment }

Yesterday, Minnesota Governor Mark Dayton signed into law an amendment to the Minnesota Human Rights Act that will ensure victims of discrimination and retaliation are entitled to a jury trial.  The bill, SF2322, was passed by the House and Senate in previous weeks and will go into effect on August 1, 2014.

Minnesota Jury Trial Attorneys

Previously, there was uncertainty over whether a victim of workplace discrimination, harassment, or retaliation would receive a jury trial, and to what level the jury’s verdict was entitled to deference.  Due to a legal intersection of federal, state, common, and statutory law, and depending on what claims were brought and in what venue, there were often instances were individuals who have been the target of illegal activity by their employer have only been allowed a trial by judge.   [click to continue…]

{ 0 comments }

On Friday, May 2, Madia Law filed a federal lawsuit in the United States District Court for the Western District of Wisconsin. The lawsuit, filed against NeuroScience, Inc. and Pharmasan Labs, Inc., alleges pay discrimination on the basis of sex/gender.

Wisconsin Sex Discrimination Lawyers

Defendants NeuroScience and Pharmasan Labs advertise themselves as being committed to delivering personalized health care solutions. The companies include a clinical laboratory improvements-regulated specialty reference laboratory, purportedly providing licensed health care providers with integrative clinical assessments (testing) and proprietary nutraceuticals (supplements) that purportedly identify and target neurological and hormonal imbalances.

Plaintiff Danielle Ailts Campeau has a bachelor’s degree and a master’s degree from the University of Wisconsin at River Falls. Campeau’s full-time employment with Defendants began in May 2007.  Campeau began as a technical support specialist and quickly rose to one of the most senior positions in the company, overseeing multiple departments and projects and assisting in privacy and compliance officer functions.

Midway through her employment with Defendants, Campeau discovered that she was substantially underpaid compared to men in the company who had both similar and significantly less education, experience, and responsibility.  Campeau approached Defendants regarding this unequal pay and was rebuffed.  Campeau remained grossly underpaid compared to men in both comparable and less comparable positions (with regard to education, experience, and job responsibilities).

In February 2014, after opposing unfair treatment of a fellow female employee, Campeau was immediately terminated by Defendants.

Campeau is in possession of substantial evidence that she and other female employees of Defendants were and are significantly underpaid compared to men in the company.  Defendants’ actions in this regard violate Title VII of the Civil Rights Act of 1964 and the Equal Pay Act.

Campeau’s lawsuit is filed on behalf of herself and other female employees of Defendants.  Female employees will have the opportunity to join Campeau’s lawsuit as opt-in plaintiffs in this action, pursuing monetary damages from Defendants, punitive damages, and all other relief available by law.

Campeau’s attorney is Madia Law’s Joshua Newville, a Minnesota and Wisconsin employment and civil rights attorney.  Newville’s phone number is 612.349.2743.

{ 0 comments }

I’ll admit it.  When I first learned about “The Woman Question“ during my first year of a law school, I wasn’t impressed.  I immediately equated this feminist approach to the world (and particularly, to the law) with what I felt was as an overly radicalized modern feminism.

Minnesota Gender Discrimination Lawyers This week, I was reminded of The Woman Question.  A new study (conducted by the University of Toronto and published September 16) shows that I wasn’t alone in my thoughts on feminism.  As a society, the study determines, we tend to distrust movements heavily supported by overt activism.  Salon’s Tom Jacobs concludes:

So the message to advocates is clear: Avoid rhetoric or actions that reinforce the stereotype of the angry activist. Realize that if people find you off-putting, they’re not going to listen to your message. As Bashir and her colleagues note, potential converts to your cause “may be more receptive to advocates who defy stereotypes by coming across as pleasant and approachable.”

As a threshold matter, the angry activists have reason to be angry.  American women make 81 cents on the dollar when compared to men.  The United States is one of only 8 countries in the world that don’t offer paid maternity leave (with the likes of Suriname, Liberia, Palau, Papua New Guinea, Nauru, Western Samoa and Tonga).  In 2011, women ran only 12 of the Fortune 500 companies.  In 2010, women accounted for only 31.5% of all lawyers.  Unfortunately, I could go on with employment (and other) disparities.

In any event, as I’ve come to learn since that first year of law school, the kind of strident activism employed by groups such as feminists, environmentalists, and gay rights advocates serves one incredibly important purpose: it forces those in a position of power to pay attention, to take pause, to ask questions.   [click to continue…]

{ 0 comments }

It’s been a busy week for employment law and civil rights.  The impact of the past week’s Supreme Court decisions on these two areas of law cannot be understated.  The Voting Rights Act was gutted, killing protections put in place to prevent discrimination at the ballot box.  The Civil Rights Act was substantially weakened, stripping minority employees across the country from access to Title VII remedies. And although the news for same-sex couples was brighter, the Court’s narrow decisions on that front leave much work to be done in the struggle for equality.

Wednesday, the Supreme Court released its decisions in United States v. Windsor (the “DOMA” case) and Hollingsworth v. Perry (the “Prop 8″ case).  These two cases each had the potential to become landmark civil rights precedent, with monumental significance for gay and lesbian Americans; they were heralded by pundits as the most important civil rights cases of our generation.

Indeed, the decision in Windsor will go down as one of the most significant decisions in Supreme Court history; it struck at the heart of DOMA and declared gay and lesbians deserving of equal protection under the law.  The Court’s decision in Perry, on the other hand, will soon be brushed into the dusty corners of irrelevance; in that case, a group of five strange bedfellow Justices entirely ducked the question of whether same-sex couples are entitled to marriage equality.  Thus, the struggle for gay civil rights marches on – and there is a lot of ground to cover. [click to continue…]

{ 0 comments }

Madia Law settled a shocking case of sexual harassment and workplace intimidation that eventually led to the Plaintiff developing Post Traumatic Stress Disorder.


A female employee, “Mary”, was sexually harassed and intimidated by her male supervisor. Despite repeated attempts by Mary and others to report the supervisor’s behavior, he remained employed for nearly two years because a department manager repeatedly refused to take any action.  The supervisor’s constant harassment and terrorizing of Mary had a devastating effect on her life.

On Mary’s behalf, Madia Law sued the employer approximately one year ago, charging violations of the Minnesota Human Rights Act and common law infliction of emotional distress.  The suit has now settled for $125,000.  A summary of the events leading to the case follows:  [click to continue…]

{ 0 comments }

It’s a tactic long used by defendants in both civil and criminal cases.  From charges of rape to sexual harassment, men take the stand and point the finger at their female victims.  Claiming that they “asked for it,” or that they “wanted it,” such men have often found sympathetic audiences in judges and juries.

In three recent and sensational examples (one in Iowa, one in Minnesota, and one in Arizona), Defendants’ attempts to use the “blame her defense” have yielded strikingly different results.  While the cases are very different, both legally and factually, they serve as fascinating examples of a kind of defense that, despite such protections as Title VII and the Minnesota Human Rights Act, female victims must continue to grapple with.

[click to continue…]

{ 0 comments }

Jan 2013: Madia Law Sues Tech Company for Sex Discrimination

January 29, 2013

Madia Law, representing a woman who worked at a Twin Cities technology company, has initiated a sex discrimination lawsuit against the company pursuant to the Minnesota Human Rights Act.  Just prior to the Plaintiff’s hire, the company (which has been in business for decades) employed dozens of men and not a single woman. In Fall […]

Read the full article →

Suing Hospitals When Doctors Sexually Harass

October 29, 2012

A San Diego hospital and doctor have been sued by an 18-year-old intern who alleges sexual harassment, sexual battery and assault, hostile work environment, and negligence.   The plaintiff, who was only 17 at the time he began an internship at San Diego Memorial Hospital, alleges that cardiologist David Hicks sexually harassed and assaulted him […]

Read the full article →

Employment Law Imbalance: How To Avoid Losing Before Trial

August 23, 2012

As published in the Harvard Law & Policy Review, Kevin M. Clermont & Stewart J. Schwab observed that from 1979-2006, plaintiffs bringing employment law matters (discrimination, wrongful termination, etc) in federal court won only 15% of the time. When paired with the observation that plaintiffs in non job-related matters won 51% of the time, that 15% figure is stunning. […]

Read the full article →

Lawsuit Alleges Old Boys’ Club in Young Industry

June 12, 2012

In Bradwell v. Illinois, (U.S. 1873), the Supreme Court declared that allowing a woman to practice law would surely destroy her femininity. According to the 8-1 decision, law is a man’s profession and  women simply aren’t well-suited for such rigor. While that may seem archaic, it wouldn’t be until 1971 that the Court invalidated such discrimination by […]

Read the full article →

Minnesota Supreme Court: Employees do not need to refer to Minnesota Parental Leave Act when taking medical leave

June 3, 2012

Hansen v. Robert Half Intnt’l (Minn. 2012):  The Minnesota Supreme Court ruled this week that employees taking medical leave from work do not need to mention the Minnesota Parental Leave Act (MPLA) in order to have their jobs protected by the law while on medical leave.

Read the full article →

Minnesota Supreme Court: Hostile Work Environment Sex Discrimination can occur even without Sexual Harassment

May 16, 2012

LaMont v. Independent School District #728 (Minn. 2012):  The Minnesota Supreme Court ruled today that a hostile work environment claim under the Minnesota Human Rights Act may be based on conduct that is based on sex, even if the conduct is not sexual.

Read the full article →

Federal District Court Allows Sexual Harassment Claim to Proceed to Trial

May 7, 2012

Mehl v. PortaCo, Inc. and Timothy Wilson (D. Minn. 2012):  A federal district court in Minnesota denied almost all of PortaCo, Inc.’s motion for summary judgment and allowed Cassandra Mehl to proceed to trial on her claims of sexual harassment under Title VII and the Minnesota Human Rights Act.

Read the full article →

Feb. 2011: Madia Law defeats summary judgment motion and settles case on behalf of sexual harassment victim

February 18, 2011

Madia Law represented “Jennifer” (name changed for confidentiality reasons), a young woman who was sexually harassed by her supervisor of a period of months. Jennifer’s supervisor: repeatedly bragged to her about his sexual endurance; made vulgar comments about her physical appearance; turned innocent conversations into sexual innuendo; told Jennifer that she should leave her fiancee […]

Read the full article →

The Lilly Ledbetter Fair Pay Act makes it easier to sue for unlawful employment discrimination

December 15, 2010

Congress passed the LLFPA to reverse the Supreme Court’s 2007 holding in Ledbetter v. Goodyear Tire and Rubber Co., Inc.    In that case, Justice Alito led a 5-4 majority in concluding that Ledbetter could not sue Goodyear under Title VII of the Civil Rights Act of 1964 for gender based pay discrimination that she had experienced […]

Read the full article →

California’s Proposition 8 is struck down – what next?

August 12, 2010

Ted Olson and David Boies teamed up for equality Last week, Judge Vaughn Walker issued a highly anticipated ruling in Perry v. Schwarzenegger striking down California’s Proposition 8 – which amended California’s state constitution to restrict marriage to “a man and a woman” – on the grounds that Proposition 8 violated the U.S. Constitution’s Fourteenth […]

Read the full article →