1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 COMPLAINT Alan F. Cohen (State Bar No. 194075) L AW O FFICES OF A LAN F. C OHEN 100 Pine Street, Suite 1250 San Francisco, CA 941 11 415.984.1943 (tel.) 415.984.1953 (fax) alan@alancohenlaw.com Attorneys for Plaintiff Samantha Lucas SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION SAMANTHA LUCAS , an individual, Plaintiff, v. INSTABASE, INC., a corporation; SCOTT CLARK , an individual; ANANT BHARDWAJ, an individual; and DOES 1 through 100 inclusive, Defendants. Case No. COMPLAINT FOR: 1) SEXUAL HARASSMENT ; 2) SEX DISCRIMINATION; 3) RETALIATION – FEHA; 4) FAILURE TO PREVENT AND REMEDY DISCRIMINATION AND HARASSMENT ; 5) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY; 6) DEFAMATION PER SE ; 7) INVASION OF PRIVACY; 8) UNFAIR COMPETITION (BUS. & PROF. CODE § 17200) Plaintiff Samantha Lucas alleges: NATURE OF THE ACTION 1. Samantha Lucas is suing Defendant Scott Clark for sexually harassing her while he was h er sup ervisor at her former employer , Instabase, Inc. . Ms Lucas is suing Instabase for its responsibility for the harassment and its failure to take reasonable steps to prevent sex harassment. 2. Ms. Lucas is also suing Instabase for firing her in retaliation for her complaints of and opposition to discrimi natio n and calls for Instabase to adopt anti - racist policies in the aftermath CGC-21-589589 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 02/02/2021 Clerk of the Court BY: KALENE APOLONIO Deputy Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 COMPLAINT of the murder of George Floyd 3. Instabase also defamed Ms. Lucas and violated her privacy rights when , among other things, its chief Human Resources employee falsely told employees in a company - wide meeting that Ms. Lucas was fired for poor performance to cover up the unlawful reason for her termination 4. Ms. Lucas ask s the Court to order Defendant s to abide by the law and to take active steps to prevent and re medy unla wful discrimination and harassment Sh e seeks compensation for her lost wages and benefits, damage to her career, and other economic damages; general damages, including compensation for pain, suffering, and emotional distress; an award of punitive damages t o deter Defendants from continuing to break the law; attorneys’ fees and costs incurred; and all other appropriate remedies. THE PARTIES 5. Plaintiff Samantha Lucas is a resident of San Francisco , California At the time of her termination from Instabase she was 27 years old. 6. Defendant Instabase , Inc. is a Delaware corporation headquartered in San Francisco. Instabase regularly does business in California 7. On information and belief, Defendant Scott Clark is a resident of Contra Cost a County, California. At all times material to the complaint, Defendant Clark was a supervisory employee and managing agent with Defendant Instabase 8. On information and belief, Defendant Anant Bhardwaj is a resident of San Francis co County, California. At all times material to the complaint, Defendant Bhardwaj was a supervisory employee and managing agent with Defendant Instabase. 9. Defendants Does 1 - 100 are sued under fictitious names pursuant to Code of Civil Procedure § 474. On information and belief, each defendant sued under a fictitious name is in some manner responsible for the wrongs and damages alleged in this complaint. In so acting, each defendant named herein was functioning as the agent, servant, partner , joint employe r, integrated enterprise, and/or employee of the other defendants, and throughout the events alleged in this complaint was acting within the course and scope of his or her authority as such agent, servant, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 COMPLAINT partner and/or employee with the permission and co nsent of the other defendants. Further, on information and belief, the acts alleged herein were authorized and/or ratified by each and every other defendant. Defendants Instabase, Clark , Bhardwaj, and Does 1 - 100 may be referred to herein as “Defend ants.” JURISDICTION AND VENUE 10. This Court has subject matter jurisdiction over this action pursuant to Code of Civil Procedure § 410.10 and Govt. Code § 12965(b). This Court has personal jurisdiction over the Defendants because they maintain their principal places of business or personal residence s in California and all Defendants have systematically and continually conducted business in the State of Cali fornia. Venue is proper in this Court pursuant to Govt. Code § 12965(b) because San Francisco County is where Plaintiff worked, where some of the unlawful acts were committed, and where Plaintiff would have continued to work but for Defendants’ retaliatio n and other unlawful practices. FACTS COMMON TO ALL CAUSES OF ACTION 11. M s. Lucas began working for Defendant in or around April 2019 Her title was “O ffice Operations Coordinator” but, in typical early company form, her job functions shifted to meet a wide variety of administrative and office needs. She reported to a number of senior managers, including the Company’s CEO, Anant Bhardwa j and, later, Defendant Clark 12. On information and belief, Ms. Lucas was the lowest - paid employee in the Company. 13. Ms. Lucas received considerable praise for her performance f rom a wide variety of Instabase employees. Among other tangible rewards for good performance , Ms. Lucas received a bonus and a significant raise in March 2020. She never received a negative perfor mance review or significant performance criticism. 14. In or around October 2019, Defendant Clark joined Instabase as Head of Finance and immediately became one of Ms. Lucas’ principal managers. She began reporting to him on various tasks from the beginning of his employment. 15. Mr. Clark communicated with his subordinate, Ms. Lucas , by email, text, and other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 COMPLAINT messaging platforms to discuss work developments. Quickly, though, a marked pattern developed in their text exchanges. Mr. Clark continually pushed their co nversations in a way that follows classic “grooming” in sex harassment cases: 16. Mr. Clark’s texts bec a me more personal, then physical, then sexual. He link ed himself to Ms. Lucas’ financial and professional development. He urge d her to keep their texts priv ate. He fantasized about her and other women He continually pushe d the envelope and began pressing her for nude pictures and sex. 17. Ms. Lucas tried to deflect his attention, until sh e had to tell him, repeatedly, that she was not interested in having an affair. Nevertheless, he persisted. 18. Some of the messages Mr. Clark sent Ms. Lucas include: 19. As is common in such cases, Mr. Clark continually linked himself to Ms. Lucas’ financial and professional development. Soon after joining Instabase, Mr. Clark offered to be 7 ,oubt you e5en ha5e one on no1 7 ha5e a ,o1n blanket it’s best to be nake, to kee- 1armer 7s this real life3 4ou are texting me nake,3 4o my crisis last night 1as cuC my frien, claime, this guy 1ho 7 ha5e sorta ha5ing )itty banter 1ith lol0 7ono 7’m slo1 takes me a 1hile to feel if 7 feel it or not0 /oo, 7’m al1ays nake, if 7’m in my room an, ha5en’t ?ust 1alke, in from 1ork That’s the -oint of the robe @ut he in5ite, me o5er an, 7 1ante, to go but she 1oul,a been so u-set fml0 @ut she sai, F7 think he ,ef likes Sam but 7 like himG in front of me an, another one of our frien,s0 Like 1tf no1 7 can’t ,o anything or 7’ll -iss someone off2 Ao, ,amn it2 So 7 ?ust staye, home like an ol, la,y 4ou shoul, hang out 1ith him Airl 1ill fin, another one :ah she’s like ha5ing a har, time Aa1, you are nake,3 9n, she like really likes him Haha ya it’s nice @ut he clearly ,oesn’t if he in5ite, you o5er 4a but still The co,e 9n, iono ho1 7 feel He’s cute he’s chill af he gets along 1ith my frien,s but 7 take my time )hat’s his story3 7 ha5en’t ,eci,e, Page 177 of 6B3 Lol my ,a, ga5e the baby scotch Hahhaa2 Then he goes Sam lo5e, it as a chil,0 Areat thanks ,a,0 Then bro goes ,a, ,on’t ,o that gi5en her -arents history0 My ,a, goes scott 7 thought they 1ere heroin a,,icts not alcoholics0 Jesus Emas at the Lucas resi,ence lol :o1 7 kno1 1here 7 get it Lol He bo,y is like a 909 Har, to see anything 1rong :ot sure 7 lo5e her face as much tho 4ou ha5e cuter face @ut 7’m ?ust not a blon,e guy lol she’s -retty beautiful ,oo,2 9n, sooo chill it’s ,o-e She ,yes her hair 7 think iono ,oo, 7’m not goo, 1ith the make u- shit 4ou an, her can go nu,e in my hot tub0 Lol she’s cool 7’m comfortable 1ith her Page 3B4 of 6B3 *ust one ol,er bro 6mg 1hat are u a family of giants2 Wtf he’s taller ho1 is that -ossible2 What they -ut in ur milk as a ki,3 Aro1th hormone 7 coul,a use, some of that 7s he marrie,3 Ho1 tall are ur rents3 7’m 6’3 an, he is 6’6 /a, is 6’2 mom is .’10 4ou -rolly ha5e a better bo,y than most -eo-le 1oul, think0 4ou 1ear clothes that ,on’t ,o it ?ustice0 So 7’m sure -eo-le are 1o1e, 1hen they ,o actually see it nake,0 Must be <uite a sight0 /oo, ur fam is so tall2 *esus that’s so nice u can reach the to- shelf 7 ha5e to climb on the counter sooo annoying2 Ho1 much ol,er is ur bro3 Messages 8 Scott Clark Page 3B9 of 6B3 Lot no 1hite ,oo, Hlit So much color Lol 7ns-iring right3 So fun @ro1n ni-s through 1hite shirt are ,ef hot0 7 like flo1ers so 1hen 7 can’t go outsi,e an, 7’m ,ra1ing 7 ha5e mucho clothing to ins-ire2 Well to ba, 7 ha5e black shirt lol 7 kno1 you like sho1ing off the ni-s0 7t’s freeing0 4a but 7 sho1 em off in black cuC that’s 1hat 7 o1n Messages 8 Scott Clark Lot no 1hite ,oo, Hlit So much color Lol 7ns-iring right3 So fun @ro1n ni-s through 1hite shirt are ,ef hot0 7 like flo1ers so 1hen 7 can’t go outsi,e an, 7’m ,ra1ing 7 ha5e mucho clothing to ins-ire2 Well to ba, 7 ha5e black shirt lol 7 kno1 you like sho1ing off the ni-s0 7t’s freeing0 4a but 7 sho1 em off in black cuC that’s 1hat 7 o1n Like soli, black so you only 1ant -eo-le to see the sha-e or is their like lace or sheer for you to gi5e -eo-le a little more Lol iono it’s in multi-le/most of my shirts lol Whate5er 7’m 1earing that ,ay Messages 8 Scott Clark 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 COMPLAINT Ms. Lucas’ mentor. One month into his tenure as her supervisor, Mr. Clark start ed sending messages of how he had the power to bring her professional and fi nancial success. Mr. Clark texted messages about “making Sam a millionaire” at least eight times. For example, on January 10, 2020, Mr. Clark texted: 20. Mr. Clark knew that Ms. Lucas was the lowest - paid employee at Instabase, and also knew that she was con cerned about her income and job security He inevitably mixed t hese messages about making Ms. Lucas a millionaire or conferring other benefits on her in message chains where he speculated about what she was wearing or about her personal life. 21. For example, o n November 19, 2019, Mr. Clark initiate d an exchange in which he speculate d about what Ms. Lucas was wearing, ask ed to see her robe, ask ed when she was last in a relationship, ask ed how she characterize d her sexuality – all while mixing in conversations a bout work. Out of the blue, he text ed : 22. Then, later in the same text chain text ed again : 23. As is apparent in the above exchange, Ms. Lucas made continual attempts to humor Mr. Clark and deflect the sexual nature of his text s and change the subject with al most audible, uncomfortable laughter. Here, he responded with the not - so - subtle message of how he held the power to grant her financial security 24. Mr. Clark mixed in messages amplifying his role in protecting Ms. Lucas in the company with inappropriate communications that he constantly moved toward sexuality . For example, i n January, 2020, in the wake of another long - time employee ’s firing , Ms. Lucas ask ed Mr. Clark if he would war n her if her job perf ormance w as ever lacking H e respond ed to her expression of vulnerability by linking her success and riches to being “willing to partner with me” We ha5e a business to run @ut like 1ill u tell me 1hen 7 ,o something 1rong2 Like he 1asn’t informe, 7 ,on’t 1ant to be blin, si,e, That’s -ainful 7’, rather run Like sorry 7’m not a co1ar, but like 7 ne5er 1ante, cor-orate to begin 1ith so 7’, 1ant to be -re-are, it’s not fun to be fire, 9s long as your 1illing to -artner 1ith me then 7’ll kee- you ha--y an, ho-efully a millionaire 7 ,on’t 1ant to 1aste my time @ut like Ull tell me if it’s not right0 Dight 3 7’ll meet 1ith 9nant 1hen he is back in -erson0 Aet him on boar, 1ith the raise0 So far my thoughts are you get shit ,one an, are su-er hel-ful to e5eryone 9 little messy lol Physical messy 6r -rocess messy3 7 can learn is someone tells me 7 make shit u- as 7 go an, that’s 1hat’s makes me scare, 9nant ,on’t like that @ut seriously 4ou’re a 1il, car, What is mulle, 1ine Page .12 of 6B3 7ono ho1 7’m su--ose, to ,o ur -art0 Like iono u ,o that’s stuff haha +emmstabase is lea, by --l choose if they 1ant to but it’s su-er roun, table an, so 1e all gi5e in -ut that’s easier for me 7 still 1oul,n’t lea, 4ou got any mo,eling coming u-3 7 s1ear you coul, be on billboar,s0 Like maybe for Qmeun,ies’ bran,0 4ou kno1 it3 Hahahah omg no2 7’m tryna ,o some 5oice o5er gigs Pays mucho2 7 got one coming u-0 9n, 7 got t1o client -ieces ,ue lol an, ha5en’t starte, one 0 Whoo late nights for Sam coming u- 6ne of my frien,s ?ust mo,el for the ,uraflame com-any0 So she is on boxes for fire logs0 Lol 6h that’s sick2 7 buy that 1hen 7 go cam-ing =like lame car cam-ing> cuC in the back country u ,on’t care that cra-2 That’s sick222 7ma take a -ic next time 7 see it in the grocery store an, ask if it’s her haha 6r him Hher When u on 5acay u better un-lug no -uter no -hone for 1ork 7’ll try my best not to burn anything ,o1n lol no -romises tho Messages 8 Scott Clark Ps e5eryone looks better in their natural habitat ,uh2 What’s urs3 /o u ha5e ib -hoto3 7 ha, a -rofessional shoot taken at a -re5ious com-any So they are -retty legit0 @ut boring0 Too businessy Cheater2 Heymian ?ust sna--e, one2 7 refuse, to be on 1ebsite for like 3 months because 7 kne1 7’, look horrible2 @ut it’s a goo, -hot 9n, ur finance gotta ha5e the button u-2 Someone’s gotta make ib -rofessional lol 4a 7’m trying to make it rain We nee, to make you a millionaire0 Haha haha2 Correct’ Page 79 of 6B3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 COMPLAINT and t old her he w ould personally meet with Instabase ’ s CEO to get his support for a raise for her 25. Ms. Lucas tried to deflect Mr. Clark’s comments and derail sexually - charged comments to safer topics many times . She made it clear she was not interested in any sexual or romantic relationship with him . His responses were often directly aimed at her financial vulner ability. For example, she responded to some of his more direct sexual comments by saying: To which Mr. Clark responded: 26. Not only was Mr. Clark trying to make an end run around Ms. Lucas’ objections in this exchange , he was not subtle about flaunting his personal wealth and power to try to pressure her to give in. H e continually sent her texts fantasizing about her , all while knowing he held one of the highest positions in the Company and that she was not only his direct subordinate but that she held one of the lowest positions in the Company 27. One of the key methods predators use to groom potential victims is to lay on the positive reinforcemen t, often mixed with benefits the predator can provide. Mr. Clark mixed his inappropriate communications with messages telling Ms. Lucas how she was special and how he could help her with her career : “You are just fun to talk to. Most interesting person I ’ve ever met. I’m fascinated. . . . You are a special person. . . . You are the star . . . .I’ll take you to the next level.” 28. Mr. Clark tried to initiate a sexual relationship with Ms. Lucas . He tried to get her to send him nude pictures, sent her revealin g photos of himself, sent her messages with him fantasiz ing about sex , and made her indulge his fantasies of female coworkers and other women in Ms. Lucas’ life as sex objects. The record also shows that Ms. Lucas did her best to deflect his advances and That’s literally ho1 to ruin e5erything 9n, 7’5e ne5er ha, a threesome @ut from so many of my frien,s ha5ing those 1ith frien,s lol it’s sorta 1eir, after lol @ut really y big boobs3 Like ho1 big r u talkin3 7 ,on’t kno1 1hy0 *ust 1hat she 1ants0 /on’t kno1 1hat siCe0 4ou ha5e like 1hat seems to be -erfect an, normal siCe0 So 7’m guessing it 1oul, ha5e to be bigger0 Sorry your out of luck0 Lol22222 Wo1 so not intereste, 7n slee-ing 1ith marrie, --l Page 303 of 6B3 6r my boss /i, that once turne, out ba,(y =ob5ious(y2> an, 7 1ou(, ne5er ,o it again ;5er Learne, my fucking (esson 9gree, but one ,ay 1e may not be co1orkers 4our thinking short term0 )hat ha--ens 1hen 7 buy a yacht after 1e 7P60 4our nake, bo,y 1i(( certain(y make its 1ay into it 7’m sure0 Lo( ya but 7 ,on’t 1ant to s(ee- 1ith marrie, --( Sorry 7’m not into it 9n, 7’m not into gir(s0 Pro-s to Tara for trying 7’5e a(rea,y trie, it 1as so gross 7 ,on’t 1anna to ,o it again tbh A(a, u (ike 1omen 7 rea((y thought it’s a1efu( 7 1ante, out imme,iate(y Like if 7 c(ose, my eyes an, forgot it 1as a (a,y an, they 1ere ,oing things to me ok fine but the other 1ay aroun, omg no2 9n, 7 ,i,n’t (ike kissing the fe1 7 ha5e0 ;5ery once in a 1hi(e 7 got ,runk an, ma,e 7 ur 1ith gir(s (ike 7 fee( ba, cuC 7’m not into it but chicks kiss ,ifferent(y an, 7 ,i,n’t (ike it any of the times 6ne time this chick 7 kne1 from hs sa1 me at a gay bar0 4es 7 ,o (ike gay bars an, 7 ha5e a (ot of gay frien,s so 7 mean 7 1ing 1oman them0 She comes u- a(so this 1as at -ri,e 7 1as so fucke, u- 7 straight 5omme, in a bush an, 1ent back in the bar (o(0 She’s (ike 7’5e (ike u for so many years0 This is so a1esome that ur gay0 :ext thing 7 kno1 she’s kissing me an, 7 ?ust ro((e, 1ith it an, then fe(t (ike a -iece of shit cuC 7 ha, 5omme, maybe 2 min -rior 6o-s0 )e sti(( frien,s tho0 :ot sure if she kno1s 7’m straight or not (o(2 Hahaha )hat about t1o guys3 Messages 8 Scott C(ark 6r my boss /i, that once turne, out ba,(y =ob5ious(y2> an, 7 1ou(, ne5er ,o it again ;5er Learne, my fucking (esson 9gree, but one ,ay 1e may not be co1orkers 4our thinking short term0 )hat ha--ens 1hen 7 buy a yacht after 1e 7P60 4our nake, bo,y 1i(( certain(y make its 1ay into it 7’m sure0 Lo( ya but 7 ,on’t 1ant to s(ee- 1ith marrie, --( Sorry 7’m not into it 9n, 7’m not into gir(s0 Pro-s to Tara for trying 7’5e a(rea,y trie, it 1as so gross 7 ,on’t 1anna to ,o it again tbh A(a, u (ike 1omen 7 rea((y thought it’s a1efu( 7 1ante, out imme,iate(y Like if 7 c(ose, my eyes an, forgot it 1as a (a,y an, they 1ere ,oing things to me ok fine but the other 1ay aroun, omg no2 9n, 7 ,i,n’t (ike kissing the fe1 7 ha5e0 ;5ery once in a 1hi(e 7 got ,runk an, ma,e 7 ur 1ith gir(s (ike 7 fee( ba, cuC 7’m not into it but chicks kiss ,ifferent(y an, 7 ,i,n’t (ike it any of the times 6ne time this chick 7 kne1 from hs sa1 me at a gay bar0 4es 7 ,o (ike gay bars an, 7 ha5e a (ot of gay frien,s so 7 mean 7 1ing 1oman them0 She comes u- a(so this 1as at -ri,e 7 1as so fucke, u- 7 straight 5omme, in a bush an, 1ent back in the bar (o(0 She’s (ike 7’5e (ike u for so many years0 This is so a1esome that ur gay0 :ext thing 7 kno1 she’s kissing me an, 7 ?ust ro((e, 1ith it an, then fe(t (ike a -iece of shit cuC 7 ha, 5omme, maybe 2 min -rior 6o-s0 )e sti(( frien,s tho0 :ot sure if she kno1s 7’m straight or not (o(2 Hahaha )hat about t1o guys3 Messages 8 Scott C(ark 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 COMPLAINT never allowed anything to happen between them. She told him “I have no interest in u. . . . [I don’t know] how many times I’ve said I’m not interested in married ppl.” 29. In his messages to Ms. Lucas, Mr. Clark fetishized her and other women at I nstabase. He fantasize d about seeing her and other women naked. He continually steer ed the conversation toward her body, her clothing, nudity, revealing clothing, and sex. And he pressured her to send him revealing pictures and then more. After only two mo nths at Instabase, for example, he tried to persuade Ms. Lucas to “secretively” come to his house alone in Lake Tahoe and get in the hot tub naked with him . She refused and tried to deflect his attentions : 30. Undeterred, he fantasized about bringing a cam era and wanting to sit with her naked in a hot tub or a “banya” (sauna). Despite his efforts, Ms. Lucas never went to Lake Tahoe , to a “banya,” or anywhere else with Mr. Clark. 31. Mr. Clark tried to get Ms. Lucas to send naked or revealing pictures of herself : “Your fans want to see the nip” “You practice your white shirt pic yet?” “What’s under the jacket? Fun surprise?” “No need for all buttons, give a reason for the boys to be frustrated and wa nt more.” “Gawd are you naked?” “Let’s see this booty dress.” He speculated about her body constantly and pushed her to wear revealing clothes at work. 32. Normalizing inappropriate conduct, and creating a special “private” relationship are among the tools har assers use to groom potential victims. So is pushing the boundaries of acceptable social behavior to expand what the other person believes is safe and “normal.” For example, Mr. Clark wrote: ,i--ing or things (ike that0 Hahah ok 7’(( brainstorm other things (o( Hahha 1tf32 Maybe she’s (ike afrai, of (ike getting in troub(e3 4ou me -(us maybe one other the first time0 7 mean (et’s be rea( 7’5e ,ef been caught nake, an, it’s funny but a(so 1e (i5e in sf u kno it’s chi(( 4e- it’s chi(( Haha 7 say u t1o shou(, ?ust ,o it ,on’t nee, to o5er think it Ur at a fancy resort 1hat ,o u think 7s the 1orst they can ,o3 Like they 1ant u as their guest so they not ganna thro1 u out U might a a (itt(e sco(,ing but it’s a honeymoon 7’m sure --( be nake, a(( the time 7 might nee, to go to Tahoe a(one to ,ea( 1ith some things0 7 su--ose bringing you secreti5e(y 1ou(, be risky but -otentia(0 Hot tub 1ou(, be best s-ot0 Lo(22 4 a(one3 7 am not going to ,o anything ba, ?ust hang0 Lo( 7’m not a home 1recker (o( ,oo, 1e ?ust frien,s /ea(ing 1ith fixing u- my o(, -(ace to rent0 6n(y chance to go might be a +ri,ay /ef no 1recking0 *ust fun hangs0 )e are on same -age0 *ust frien,s0 Haha fasho Hot tub 1ou(, be easy tho Page 14. of 6B3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 COMPLAINT 33. Mr. Clark also fantasized about other women in and out of the workplace to Ms. Lucas . He ranked them by physical attributes and which ones he desired most , and compared their bodies to Ms. Lucas’. 34. Mr. Clark also pressured Ms. Lucas to connect him to other women inside and outside the company. On information and belief, h e tried to “slide into the DMs” of other female coworkers He pressured Ms. Lucas to get a friend of hers to s end him a naked picture (which Ms. Lucas refused to do) When he contacted her friend directly, he wrote to Ms. Lucas , “ She is very revealing on IG. Didn’t think it would be a big deal.” And when he finally realized that Ms. Lucas was not going to get involved with him, he turne d his fetishizing to others , writing “You had your chance. Moving on.” 35. On information and belief, Defendant Instabase failed to take all reasonable steps required by law to prevent harassment and discrimination 36. Instabase has long had significant disparit ies in hiring women and people of color, particularly into senior positions. In the wake of George Floyd ’ s murder and the explosion of support for the Black Lives Matter m ovement, Instabase employees, including Ms. Lucas, complained about discriminatory hiring practices and confronted Instabase’s managing agents in forums like company - wide “Ask Me Anything” (“AMA”) meetings. Employees directly questioned CEO Bhardwaj and senior management about the Company’s hiring practices and pushed management to explore neglected sources of talent such as Black Girls In Tech bootcamps and female coding organizations and initiatives. 37. During the search for a Chief Revenue Officer, for example, the company on Like 1e’5e hel, back Lol Haha We’5e talke, about a lot of things Just comfortable 1ith you /on’t feel like 1e’5e crosse, anything 4a it’s a safe s-ace ,on’t 1orry 4our a cool chick Ur a cool 1hite man Lol Why got to -ut me in a box Hahahah Hahha 7’m ki,,ing lol Ur a cool ,oo, 4ou think you’ll marry 1hite ,u,e3 U al1ays gi5e me o--ortunities to make fun of u0 7 can’t hel- it Pretty sure 7 laugh at you more Lol 1ell isn’t like girl marry their ,a,s3 My ,a,s a 1hite man 4ou are funny :ah 7’m laughing 7 really like Jikings :o1 7’m curious 1hat that ,ress looks like closer u-0 /i,n’t seem that booby0 Just a glim-se of skin0 Page 3 7 1as like u change, my life can 7 s1oo- u a ,rank They like 4ee mama get a free s1eatshirt Sooooo 7’m ,oing ?ust fine 1hite man Lol0 7 ,i,n’t say you nee,e, to change0 @ut 7’m ?ust saying 7’ll hook you u- too0 We bu,s0 4ou are fun to be aroun,0 Work har, Areat soul *ust me the ,og the tree an, some 1ine Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 COMPLAINT information and belief considered only one female candidate. When confronted by employees about this , CEO Anant Bhardwaj excused the failure to interview more women wit h words to the effect that there were few women available and qualified for that role but that when the Company searched for a Chief Marketing Officer (a more stereotypically female role), the Company planned to look at more female candidates. 38. Instabase ma naging agents, including CEO Bhardwaj, reacted defensively to employee complaints o f disc rimination . For example, in response to complaints that the company lacked racial diversity, CEO Bhardwaj took it upon himself to deduce each employee’s ethnicity/national origin and create a pie chart that he showed to employees and recruits to support his position that the Company was ethnically diverse. On information and belief, the sole source for information in this pie chart was Mr. Bhardwaj’s subjective assessment of employ ees’ skin color, appearance and names. 39. After George Floyd’s murder in late May 2020 and the national protests for civil rights that followed, Instabase employees, including Ms. Lucas, increased pressure on management to address discrimination in hiring, an ti - racism, and diversity. 40. CEO Bhardwaj’s initial response to the George Floyd murder and subsequent Black Lives Matter public sentiment was to publish a blog post that stated words to the effect that Instabase would not comment or take a stance , character izing racism as a “political” issue 41. The internal reaction to Mr. Bhardwaj’s blog post was intense ly negative. Employees voiced a belief that racism was not a political issue at all but a systematic injustice that was against the law and not an issue about which Instabase could remain neutral. Employees criticized management at company - wide meetings, saying that taking no stance was equivalent to endorsing the discriminatory status quo. Mr. Bhardwaj characterized the meetings as attacks on leadership. On information and belief, e mployees experienced a backlash to their critiques and grew fearful of retaliation. 42. When Mr. Bhardwaj discussed the AMA’s and other internal communications with Ms. Lucas, he criticized her for her role in conveying employee compla ints . He also pressured 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 COMPLAINT Ms. Lucas until she admit ted to having made an anonymous posting herself. 43. Employees, including Ms. Lucas, took collective action to organize efforts to address discrimination in hiring at Instabase and increase diversity. They objec ted not only to overt discrimination but also facially - neutral policies at Instabase that had a disparate impact on minorities and women, such as emphasizing certain types of school backgrounds that perpetuate racism in hiring criteria. 44. Employees , includin g Ms. Lucas, created a “Social Action” group in or around June 2020 that studied approaches to addressing racism and diversity and made specific recommendations to end discrimination and a lack of equal opportunity for Black employees , other employees of c olor, and female employees within the Company. These included creating accountability metrics to ensure that a diverse candidate set is interviewed for open positions; sourcing candidates from non - traditional backgrounds rather than elite universities; bui ld ing explicit partnerships with Historically Black Colleges and Universities and women - only colleges and universities; and auditing hiring practices to ensure these were based on functional criteria rather than biases. These recommendations and others wer e listed in “Recommendations for Instabase on George Floyd Protest Response.” Ms. Lucas was one of five employees who signed her name to this document . On ly one of these five employees remains with the Company. 45. The Social Action group created an “Activism Hour” (akin to many other non - work affinity groups at Instabase) to read, study, and plan anti - racism action. Other such groups had operated with Company approval and endorsement. The Activism Hour was not in any way disruptive to the Company; in its initi al meeting, for example, interested employees watched the documentary “13th,” did some reading, and engaged in discussion with the goals of educating themselves. Because of growing interest in the Company, a decision was made to post the Activism Hour invi te to the Company - wide calendar. 46. Managing Company - wide calendar entries, particularly on social or affinity group activities, was one of Ms. Lucas’ job duties. On or about July 6, 2020, Ms. Lucas posted a company - wide calendar invite for the new Activism H our 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 COMPLAINT 47. Management reaction was immediate and negative . Mr. Bhardwaj and Mr. Clark told Ms. Lucas to remove the calendar invite, which she did. The next day, July 7, Mr. Bhardwaj called Ms. Lucas in for an unusual one - on - one meeting. The meeting was not pleasant. Mr. Bhardwaj blamed Ms. Lucas for being the “voice of the resistance” and accused her of pushing a partisan radical leftist political agenda that was creating political discord . He accused Ms. Lucas of being part of a Democratic party internal Instabase group (which she was not) 48. On information and belief, Mr. Bhardwaj blamed Ms. Lucas not only for her own activism but also for the widespread employee concern and concerted action complaining about lack of diversity , lack of equal opportunity f or Black and female employees, and discrimination. 49. The next day, July 8, 2020, Ms. Lucas went to the Company office (employees were mostly working from home because of the pandemic) to take apart furniture for an office move but was told there was a meeti ng going on with Mr. Bhardwaj and other management and that she had to leave. On information and belief, management was meeting to plan Ms. Lucas’ termination. 50. Instabase fired Ms. Lucas , without warning , the next day, July 9, 2020 . Since Ms. Lucas had neve r been told her job was in jeopardy or received a negative performance evaluation , she asked for the reason for her termination. She was told that it was for performance reasons, though the explanations managers gave her were very vague. 51. At the time she was terminated, Ms. Lucas was working 60 - 70 hours per week for Instabase. The timing of Ms. Lucas’ termination , the dearth of previous p erformance criticism, and the lack of a believable business - related reason for terminating someone who had had too much work on her plate to complete in regular workin g hours lea ves litt le doubt that Instabase fired her for complaining about discrimination. She was terminated two days after the company’s CEO personally lambasted her for being the “voice of the resistance” for seeking greater racial diversity and an end to disc rimination at Instabase. 52. On information and belief, Defendants terminated Ms. Lucas to punish her for acting collectively with other employees and for opposing discrimination . Defendants also intended her termination to have a chilling effect on internal complaints of discrimination. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 COMPLAINT 53. After Defendants terminated Ms. Lucas, they announced the termination at a company - wide meeting. Defendants published statements to employees to the effect that Ms. Lucas performed her job poorly , that she had been given an opportunity to correct her performance but did not do so, and that the company terminated Ms. Lucas because of her poor performance. 54. On information and belief, these statements to the effect that Ms. Lucas was terminated for poor performance were false when made and were made, authorized, and/or ratified by Company managing agents, including Defendant Bhardwaj and the C ompany’s senior HR manager 55. On information and belief, Defendants’ employees and managing agents published these and other statements to persons unknown falsely attributing poor job performance to Plaintiff. On information and belief, Defendants, including the Doe Defendants, have published false statements about Ms. Luc as to persons both withi n and outside the Company On information and belief, the named Defendants and Doe Defendants have caused these false statements to be republished to members of Ms. Lucas’ professional and personal community. 56. Wit hin the time provided by law, Plaintiff filed complaints against Defendant s with the California Department of Fair Employment and Housing, alleging discrimination , harassment, retaliation, and wrongful termination in violation of the FEHA, among other facts, and received corresponding “right to sue” notices in full compliance with the law cited in this complaint. FIRST CAUSE OF ACTION Sex Harassment – Gov’t. Code § 12940 (j) (Against Defendants Clark and Instabase ) 57. At all times material to this complaint, Govt. Code § 12940 (the Fair Employment and Housing Act, or “FEHA”) was in full force and effect and binding on Defendants Among other things, the FEHA makes it an unlawful employment practice to harass an employee on the basis of her sex. 58. As alleged above, Plaintiff was an employee of Defendant Instabase. 59. Mr. Clark’s conduct created an intimidating, hostile and offensive work environment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 COMPLAINT for Plaintiff In addition, Mr. Clark used or attempted to use his position to coerce Ms. Lucas into engaging in a sexual relationship with him. On information and belief, Mr. Clark retaliated against Ms. Lucas for her refusal to engage in such a relationship. 60. Mr. Clark’s conduct was harassing, severe and/or pervasive, and based on her sex. A reasonable woman in Ms. Lucas’ circumstances would have considered the work environment to be hostile, intimidating, offensive, oppressive, or abusive and Ms. Lucas did consider it to be so 61. Defendant Instabase is strictly liable for Defendant Clark’s conduct because at all times mat erial to the complaint, Defendant Clark was acting as an agent or supervisor of Defendant Instabase 62. Alternatively, Defendant Instabase is liable for Defendant Clark’s conduct because the company knew or should have known of the sexual harassment and fail ed to take immediate and appropriate corrective action. 63. Instabase is also independently liable because it failed to take all reasonable steps necessary to prevent discrimination and harassment from occurring. 64. As a proximate result of Defendants’ willful, knowing, and intentional harassment and discrimination against Plaintiff, s he has sustained economic losses, humiliation, emotional distress, and mental and physical pain and anguish in an amount subject to proof. 65. On information and belief, the persons who committed the unlawful acts described herein were officers, directors, and/or managing agents of Defendants acting within the scope of their employment. Moreover, Defendants aided, abetted, incited, compelled, an d/or coerced the commission of this harassment . The unlawful acts described herein were committed with oppression, fraud and/or malice and were authorized, ratified or both by such officers, directors, and/or managing agents. In light of Defendants’ willfu l, knowing, and intentional harassment against Plaintiff, Plaintiff seeks an award of punitive and exemplary damages in an amount according to proof. 66. Due to Defendants’ harassment and discrimination, Plaintiff has incurred and continues to incur legal expe nses and attorneys’ fees, all to her damage in a sum according to proof. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 COMPLAINT SECOND CAUSE OF ACTION Sex Discrimination - Gov’t. Code §§ 12940 (a) (Against Defendant Instabase ) 67. The allegations set forth in Paragraphs 1 through 66 are realleged and incorporated herein by reference. 68. At all times herein mentioned, Government Code § 12940 et seq. was in full force and effect and was binding on Defendants. The FEHA required Defendants to refrain from discriminating against any employee, including Plaintiff, because of sex . Further, the FEHA required Defendants to take all reasonable steps necessary to prevent such discrimination from occurring. 69. As alleged above, Defendants violated these provisions by failing to take all reasonable steps necessary to prevent sex d iscrimination against Plaintiff from occurring. To the contrary, Defendants knowingly and intentionally took steps to discriminate against M s. Lucas as described above. 70. Plaintiff is informed and believes and thereon alleges that her sex was, at least, a significant factor in Defendants’ mistreatment. Such discrimination is in violation of Government Code §§ 12940 et seq. and has resulted in damage and injury to Plaintiff as alleged herein. 71. As a proximate result of Defendants’ willful, knowing, and intent ional discrimination against Plaintiff, s he has sustained economic losses, humiliation, emotional distress, and mental and physical pain and anguish in an amount subject to proof. 72. On information and belief, the persons who committed the unlawful acts des cribed herein were officers, directors, and/or managing agents of Defendants acting within the scope of their employment. Moreover, Defendants aided, abetted, incited, compelled, and/or coerced the commission of this harassment . The unlawful acts described herein were committed with oppression, fraud and/or malice and were authorized, ratified or both by such officers, directors, and/or managing agents. In light of Defendants’ willful, knowing, and intentional discrimination aga inst Plaintiff, Plaintiff seeks an award of punitive and exemplary damages in an amount according 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 COMPLAINT to proof. 73. Due to Defendants’ discrimination, Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees, all to her damage in a sum acco rding to proof. THIRD CAUSE OF ACTION Retaliation for Engaging in Activities Protected Under the FEHA (Govt. Code § 12940( h )) (Against Defendant Instabase ) 74. The allegations set forth in Paragraphs 1 through 73 are realleged and incorporated herein by reference. 75. At all times herein mentioned, Government Code § 12940 et seq. (the Fair Employment and Housing Act, or “FEHA”) was in full force and effec