FOR IMMEDIATE RELEASE
December 4, 2024
Contact:
Laura Alvarenga Scalia, Esq.
Staff Attorney, National Origin and Immigrants’ Rights Program
Legal Aid at Work
(415) 593-0059
lalvarenga@legalaidatwork.org
Enjy El-Kadi
Digital Communications Manager, CAIR-LA
(714) 851-4851
eelkadi@cair.com
Summer Ismail
Community Organizer, CAIR-SD
sismail@cair.com
La Jolla, CA (Dec. 4, 2024) — Today, the Council on American-Islamic Relations, California (CAIR-CA), and Legal Aid at Work announced legal action on behalf of Lauren Gaw, a former nurse with Surgical Care Affiliates (SCA) in La Jolla, CA, who alleges she was unjustly terminated for displaying stickers on her water bottles that expressed her political views in support of Palestinians.
The case underscores the critical need for workplaces to uphold California’s labor laws protecting employees’ rights to engage in political speech without interference by their employers, especially when the speech is non-disruptive as it was here. Ms. Gaw, a healthcare worker and passionate advocate for human rights, faced escalating discipline and eventual termination despite adhering to directives to avoid bringing her water bottles to work.
Under California Labor Code Sections 1101 and 1102, employers are prohibited from influencing or controlling employees’ political activities and affiliations. The Complaint alleges that SCA’s actions amounted to retaliation and coercion against Ms. Gaw’s lawful political expression, especially because it did not silence similar political speech engaged in by others at the surgical center, such as “Black Lives Matter” stickers displayed by other employees.
“The selective enforcement of workplace policies is a dangerous precedent that suppresses employees’ rights to political expression in the workplace guaranteed by the California Labor Code,” said Laura Alvarenga Scalia, Staff Attorney at Legal Aid at Work. “This case is about ensuring that all workers, regardless of their political affiliations and the popularity of the causes they champion, are treated equitably and can express their beliefs without fear of retaliation.”
Ms. Gaw seeks reinstatement, back pay, and injunctive relief requiring SCA to adopt and enforce clear, consistent policies regarding personal expressions, such as stickers, that are equitably applied to all employees.
For more information, please contact the individuals listed above.
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About CAIR-CA
CAIR-CA is a chapter of CAIR, the nation’s largest Muslim civil liberties and advocacy organization. Its mission is to enhance understanding of Islam, protect civil liberties, promote justice, and empower American Muslims. https://ca.cair.com/
About Legal Aid at Work
Legal Aid at Work partners with people to help them understand and assert their workplace rights. We also advocate for employment laws and systems that empower low-paid workers and marginalized communities.