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A district judge in California denied Netflix's attempt to have actress Mo'Nique's discrimination case against them dismissed on Wednesday and said the lawsuit can move forward.The decision was made in the Central District Court in California by U.S. District Judge Andrè Birotte, Jr.Mo'Nique is alleging that Netflix discriminated against her because of her race and gender by offering her a "lowball offer" to perform a one-hour comedy special and then retaliated against her when they “dug its heels in the ground” and refused to negotiate fair pay with her, according to court documents.In his decision, Judge Birotte said that Mo'Nique's allegations are "plausible.""Mo’Nique raises a novel theory here, namely that an employer’s failure to negotiate an “opening offer” in good faith, consistent with its alleged customary practice which typically leads to increased compensation, constitutes an “adverse employment action” for purposes of a retaliation claim," the judge noted.In her lawsuit, which she filed last year, the Oscar-winning actress says she the streaming service offered 0,000, but claimed they paid comedian Amy Schumer "twenty-six times more than her for the same one-hour comedy special on grounds that Schumer had sold out Madison Square Garden and had a recent movie released.""Regardless of whether the plaintiff will ultimately prevail on (her) claims, dismissing this case under Rule 12(b)(6) is not appropriate," the judge said in his decision. "The plaintiff’s complaint may raise a novel issue, but that does not justify dismissing it at this stage."You can read the entire court documents below: Actress Mo'Nique's discrimination case against Netflix moving forward, judge rules by Sarah Dewberry on Scribd 1751
A major hospital system is managing the fallout of what may be the biggest medical cyberattack in U.S. history.United Health Services says its company-wide network is currently offline due to a suspected ransomware attack.Ransomware is when criminals encrypt files and demand money for a key to unlock them again.Experts say hospitals may be more susceptible while fighting the coronavirus.“Medical record and medical care facilities are prime targets, not only because of the high value of the information, but also because of the fact that people are terribly busy,” said Alan Katerinsky, a clinical assistant professor at the University at Buffalo.It's not just hospitals. Cyber-attack attempts are up about five times since the pandemic started.People working from home don't have the same corporate protections that are normally in place in an office. IT workers may also be remote.“It might be more difficult to work from home and notice things that are going on, instead of just being on-site, on the premises, and seeing what's going on, on an ongoing basis,” said Steve Beaty, a professor of computer sciences at MSU Denver.After a ransomware attack, if an organization doesn't pay to get their files back, they still have to pay for the cleanup.The criminal may retaliate by releasing the private information, like what happened to a school district in Las Vegas this week.There's recently been talk of legislation to make it illegal to pay such ransoms, which may help deter criminals.“They've upped their game partially because maybe they're seeing that there is going to be a limited amount of time this is actually going to work, at least in some jurisdictions,” said Beaty.Cyber criminals often get in through phishing emails, so training to recognize harmful links may help.Companies can also run tests to see if there are vulnerabilities in their systems, but that's more expensive.It's also important for remote workers to use a VPN for privacy. 1971
A huge fundraiser to support both students and historically black colleges and universities has decided to go virtual this year. United Negro College Fund says now, more than ever, help is needed to not only keep students applying, but to keep them enrolled in school.Even as a kid, Velvet Gunn was always singing, dancing, writing and painting. She owes that support to her mom, who she says would let Velvet follow her every whim. “She’s extremely happy that I got my degree but also that I’m getting paid for my art!” Gunn said.Gunn calls herself a "creative freelancer." “I taught theater for 10 years, I paint, I sing, wherever my creativity brings me, I do graphic art, I do web design," Gunn said. But, getting to where she is today wasn't easy. “When I went to college or was deciding to go to college I knew I wanted to do something in the arts, I had the talent and the determination, but I didn’t have the money," Gunn said.She had her eye on Lane College in Jackson, Tennessee. They were going to give her just the right amount of money for her to attend. Things were going well, until her junior year when she ran out of money. “I went on the website, I had heard of UNCF before but I had never gone on the site until my junior year. And they saved me. It was so easy, it was personal," Gunn said.Right on time, the funding came in and Velvet was able to graduate. Now, she uses her degree to support herself and her art. Brian Bridges, Vice President of Research and Member Engagement at the United Negro College Fund says stories like Velvet's are what drive the organization to continuously look for support. Since 1944, the organization has helped over 500,000 students get an education, and raised over billion dollars for students and colleges.“To hear some of these students, their testimonials sometimes, teary eyed, telling stories how they wouldn’t have gone to college without the UNCF scholarship or how they didn’t have an idea where their life might have gone or given the background they came from this would be transformative simply because of the scholarship UNCF gave them," Bridges said.UNCF surveyed more than 5,000 students across their member institutions to understand how the pandemic was affecting them. The results were disheartening. “Over half said their financial stability had declined during COVID-19, 40 percent said mental well-being had declined and those were 2 and 3 times more likely to want to transfer to be closer to home to help their family,” said Bridges.And he says, while some reported mental improvement, their responses said otherwise. "Those stories are heartbreaking. 'I don’t know where my next meal is from, everyone in my household is unemployed, I’ve had to take on 50 hours of work in a hospital rife with COVID and it’s a mental strain on me.'”The organization's annual Walk for Education is one of the many fundraisers that supports students. This September 19th, the walk will be virtual. They're urging people to participate any way they can.“Whether they want to walk, run, walk, bike, dance, we encourage any type of activity along with the support that would come with that in order to participate in the walk and be supportive of UNCF," said Bridges.He says he wants people to know that all the money they raise goes to support students and the schools they attend. That money supported students like Velvet, who says she'll do anything for UNCF.“Every time UNCF has something or is needing someone I’m like 'let me know, I will scream to the heavens and let people know about what you all do,'" Gunn said. 3593
A Florida representative's aide lost his job Tuesday after sending an email to a reporter falsely alleging that two students who survived the Florida school shooting -- and were speaking out on TV -- are "actors."Benjamin Kelly, who worked as district secretary for Florida State Representative Shawn Harrison, emailed a Tampa Bay Times journalist with a message that read: "Both kids in the picture are not students here but actors that travel to various crisis when they happen."Several Marjory Stoneman Douglas High School students who have advocated for stricter gun laws, have become the subject of conspiracy theories and smear campaigns. 658
A judge on Thursday temporarily lifted a visa ban on a large number of work permits, undercutting a measure that the Trump administration says protects American jobs in a pandemic-wracked economy.U.S. District Judge Jeffrey White said his ruling applied to members of organizations that sued the administration — the U.S. Chamber of Commerce, National Association of Manufacturers, National Retail Federation, TechNet, a technology industry group, and Intrax Inc., which sponsors cultural exchanges.White, ruling in Oakland, California, said his order didn’t extend beyond those groups. But he noted they are comprised of “hundreds of thousands of American businesses of all sizes from a cross-section of economic sectors,” including Microsoft Corp. and Amazon.com Inc.Paul Hughes, an attorney for the associations, said the U.S. Chamber of Commerce alone has “more than 300,000 members of all shapes and sizes across the United States.”The injunction, which lifts the ban while the case is being litigated, is at least a temporary setback for the administration’s efforts to limit legal immigration during the coronavirus outbreak.White, who was appointed by President George W. Bush, said President Donald Trump likely acted outside bounds of his authority.The judge wrote “there must be some measure of constraint on Presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigration context, an area within clear legislative prerogative.”The ban, which took effect in June and is scheduled to last until the end of this year, applies to H-1B visas, which are widely used by major American and Indian technology companies, H-2B visas for nonagricultural seasonal workers, J visas for cultural exchanges and L visas for managers and other key employees of multinational corporations.It was the second time in three days that White blocked a significant change on immigration. On Tuesday, he halted major fee increases for citizenship and other benefits three days before they were to take effect.The Homeland Security and Justice departments did not immediately respond to requests for comments Thursday night.The National Association of Manufacturers, which represents 1,400 companies, said the ruling will help with “crucial, hard-to-fill jobs to support economic recovery, growth and innovation when we most need it.”“Today’s decision is a temporary win for manufacturers committed to building that innovation in the United States,” said Linda Kelly, the group’s senior vice president and general counsel. “A long-term win for manufacturers requires policymakers to support meaningful reforms to our immigration laws that recognize the critical link between smart immigration policy and America’s competitive advantage.”With Congress and the White House deadlocked on immigration, Trump has reshaped the system on his own. The Migration Policy Institute recently catalogued more than 400 executive actions during his presidency to change policy, including border enforcement, asylum eligibility and vetting for visas.Many of Trump’s changes on immigration are being challenged in court. It is unclear how many Joe Biden would roll back if he defeats Trump in November’s election or how quickly he would act. 3285