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John D. Winer Profiled in LA Progressive Publication

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#MeToo Ushered in Radical Change for Survivors of Sexual Abuse

Decades before #MeToo became a global movement, attorney John D. Winer fought on the frontlines in a battle to convince California jurors that sexual abuse allegations had merit. Winer recalls facing a much more skeptical audience when he litigated church abuse cases in the 1980s.

“At the time, clergy abuse cases were a lot more difficult than they are now,” said Winer, the senior and managing partner of Winer Burritt & Scott. “The jurors were not always sophisticated enough, particularly in smaller counties, to understand the effects of sexual abuse and psychological injury.”

The Oakland-based attorney has spent the past 40 years advocating for victims by giving a voice to those who want to speak out about suffering from severe psychological injuries associated with childhood sexual abuse and workplace sexual harassment. Winer sees his chosen career path as a calling. “I felt I could really help people effectuate change in the world and make the workplace a safer place,” he said.

Growing up in New Haven, Conn., Winer recognized injustice and inequality at a young age. As a teenager, Winer remembers witnessing civil unrest while rallying outside the courthouse during the New Haven Black Panther Trials. The historic event inspired him to pursue law school and eventually represent plaintiffs seeking justice. Winer got his first job working for the legendary San Francisco trial lawyer Marvin E. Lewis, who is a pioneer of the legal concept of “psychic injury”.

Shortly after Winer joined Lewis & Lewis, he started handling psychological injury cases that involved sexual misconduct committed by doctors, therapists, and social workers. These cases often involve what’s known as “transference phenomenon”, which happens when an individual redirects emotions and feelings, often unconsciously, from one person to another. Patients are manipulated into highly unethical and inappropriate relationships with their care provider, inflicting long term emotional scars.

Care providers hold significant power in the patient-doctor treatment dynamic. A patient cannot give consent to sexual behavior with their psychotherapist.  According to statistics from the California Board of Psychology, between the years of 2008 and 2014, the Board received an average of 700 complaints of therapist abuse per year.

After starting his own law practice, Winer started seeing the first wave of workplace sexual harassment cases following the 1986 landmark U.S. Supreme Court decision in Meritor Savings Bank v. Vinson. The Court recognized that plaintiffs could establish violations of the Civil Rights Act “by proving that discrimination based on sex has created a hostile or abusive work environment.”

“A lot of people don’t realize that sexual harassment in employment cases are civil rights cases,” added Winer, who considers these actions the most rewarding of his career. One that had the most impact involved a $4.2 million jury verdict in San Jose in a sexual harassment case against FedEx.  It remains one of the highest sexual harassment judgments in Santa Clara County. “I believe that FedEx learned its lesson and changed its policies as a result of that verdict,” said Winer.

In the wake of #MeToo, companies across the country became acutely aware of the risks associated with fostering a toxic work environment and turning a blind eye to sexual harassment. High profile allegations involving Hollywood stars, network journalists, and industry leaders exposed how non-disclosure settlement agreements (NDAs) are used as weapons to silence victims.

Corporations frequently deployed non-disclosure agreements as a tool to keep workplace sexual harassment under wraps.  NDAs are designed to protect high profile executives from embarrassing publicity surrounding an accusation of sexual misconduct while providing victims compensation for their suffering. After signing the deal, the accusers are prohibited from telling their story publicly or risk harsh penalties.

Since the rise of #MeToo, the public has become more aware of these settlements which allowed sexual predators to stay in their jobs, essentially emboldening them to continue the harassment.  The company could wash its hands of the situation and ignore future complaints of mistreatment.

States like California recently implemented new laws to stop secret settlement agreements involving sexual assault, sexual harassment, discrimination, or retaliation. Employers are now prohibited from using NDAs to hide claims in an administrative or civil lawsuit for sexual harassment under California Civil Code section 51.9, as well as employment-related harassment, gender discrimination, or retaliation for reporting incidents of sexual harassment or discrimination.  The law will now allow victims to talk about what happened to them, while still keeping the settlement amounts confidential.

The shift towards transparency has compelled more people to come forward with complaints. “Before #MeToo, 80% of the cases that came into our firm involved women.  Now I’m seeing a shift to about 60% men, 40% women who are filing these cases,” said Winer.

The same can be said about the clergy abuse crisis that has rocked the Catholic Church. It took an avalanche of lawsuits against Dioceses across the nation before the public recognized the full scope of the damage inflicted by childhood sexual abuse. “You could still win against a church in the ’80s, but it was hard.  It was ‘he said/ he said’.   But that has changed radically to a point where we can win those types of ‘he said/he said’ cases almost all the time,” added Winer.

A new California law gives victims of childhood sexual assault more time to report allegations of abuse and file a lawsuit against their abuser. Previously, the state allowed victims to file claims until the age of 26. The new law, known as AB218, extends that limit to age 40, or within five years of the time it is discovered that they suffered damages as a result of the assault, whichever comes later.

Survivors of childhood sexual assault are often not prepared to come forward and report allegations against their abusers until they are in their 40s or 50s.  Historically, this has caused many victims’ claims to be time-barred, because the statute of limitations to file a claim against a perpetrator passed years, or even decades, before. The new law which took effect in January 2020, has a three-year window for victims of childhood sexual assault to file a civil lawsuit against an abuser. It holds perpetrators more accountable, especially leaders within the Roman Catholic Church (priests, nuns, and others) and the Boy Scouts of America.

“One thing that has become easier to prove is that the Church should have known. It’s not whether they knew or not. They should have known what’s going on and they haven’t taken successful steps to prevent sexual abuse.”

The average age of the clergy abuse victims who seek Winer’s help is 60.  “And in some cases, an attorney at my firm might be the first person the victim has ever told about their abuse,” added Winer, who believes that in most cases, anyone who has suffered sexual abuse, harassment, or discrimination will benefit from speaking out and fighting back.

Winer says he frequently thinks about what he would advise his daughters – ages 15, 26, and 30 – to do if faced with the choice to come forward or stay silent. “If you will be financially and emotionally better off, it’s worth the effort to stand up for yourself and demand accountability.”

Sex Abuse Victims Outraged Over Catholic Church Receiving Pandemic PPP Loans

Written by John Winer

As the COVID-19 health crisis began to escalate, thousands of small businesses across the country faced many financial challenges. Recent data indicates that while there were more than 140,000 small business closures, some businesses were lucky enough to receive much needed financial help by securing a loan from the federal Paycheck Protection Program (PPP), a $659 billion fund created to help smaller businesses and nonprofit groups keep their employees on the payroll. But many were shocked and angered to learn that between those who were seeking financial help were more than 12,000 Catholic churches in the U.S. who also applied for PPP loans and received more than $3.5 million in funds.

The PPP is a federal funding program provided through the Small Business Administration (SBA) that administers forgivable loans to small businesses to keep their employees on staff. Funds can also be used to pay interest on mortgages, rent, and utilities. According to guidelines set by the SBA, faith-based organizations, including houses of worship, were eligible to receive SBA loans under the PPP, regardless of whether they provide secular social services.

Forbes reported that faith-based organizations are typically prohibited from lobbying for federal funds distributed by the SBA however, Congress allowed churches and other nonprofits to apply for loans via the Paycheck Protection Program, as long as they abided by the SBA’s “affiliation rule,” which dictates that only entities with fewer than 500 employees are eligible. As a result, the AP reported that at least 3,500 Catholic organizations qualified for loans worth at least $1.4 billion — and as much as $3.5 billion, with much of the money going to dioceses that have paid huge settlements or sought bankruptcy protection because of clergy sexual abuse cover-ups.

Even before the health crisis began, the Catholic Church had been facing financial pressure due to the lawsuits filed over clergy sex abuse. According to a report by The Washington Post, the number of allegations of Catholic clergy sex abuse of minors more than quadrupled in 2019 compared to the average in the previous five years, and U.S. church officials reported that the majority of the lawsuits were in part the result of new church-run compensation programs for victims as well as survivors were driven to come forward by several major clerical abuse scandals. An AP report found that around 40 dioceses were approved for a PPP loan of $200 million after suffering financial stress due to large payments to clergy abuse victims.

The COVID-19 pandemic brought along many financial hardships for businesses across the nation, and many expressed frustrations upon hearing the news that church organizations received federal help, despite being tax-exempt. Some groups including the Freedom from Religion released a statement condemning the loan, claiming it was an “unconstitutional, possibly corrupt handout of taxpayer funds to churches, including churches run by some of the government’s closest allies, under the Paycheck Protection Program.” Advocacy groups claim that churches who received this payout should ultimately do the right thing and use the money to pay sexual abuse victims and are seeking more information about the loan recipients in order to raise awareness of religious involvement in the stimulus program.

WBS&J Files Sexual Harassment Lawsuit Against The Head of LA Based Employment Firm

The head of the labor and employment practice at Los Angeles-based law firm Ivie McNeill Wyatt Purcell & Diggs APLC is facing allegations he engaged in an extended campaign of “creepy” behavior toward an associate that peaked with a “nightmarish” incident during a work trip overseas. Read the Full Article here:

California Law Firm Ivie McNeill, Partner Sued for Sex Harassment- Bloomberg Law

LA Labor Partner Accused Of Sexually Harassing Associate – Law360

Law Firm Sued for Sexual Harassment- Canyon News

More Attention is Being Paid to Discrimination Than Ever- LegalScoops 

WBS&J’s John Winer talked with the Mercury News about our lawsuit filed on behalf of two students against Santa Clara University

WB&S’s John Winer talked with the Mercury News about our lawsuit filed on behalf of two students against Santa Clara University that claims the school failed to properly investigate sexual harassment allegations and is attempting to cover up a disturbing trend of sexual assault on campus.

Read article here

 

WBS&J Attorney Erika J. Scott Named Managing Partner

OAKLAND, Calif., (June 2, 2020) – Our firm is pleased to announce that senior associate Erika J. Scott has been named a managing partner of the firm, which has changed its name to Winer, Burritt & Scott, LLP. WBS also announced the departure of name partner Shawn D. Tillis who is branching out on his own.

“This is an exciting time for our firm as we welcome Erika J. Scott as our new partner. The leadership she has demonstrated and her trial expertise is a tremendous asset to the management and growth of our office,” said founding partner John D. Winer.

As an attorney at WBS, Erika has fought on behalf of survivors of childhood sexual abuse involving Catholic clergy members and is passionate about using the law to advance social justice work on behalf of individuals whose civil rights have been violated. Erika’s practice focuses on workplace sexual harassment and discrimination, sexual abuse cases and other personal injury matters. Erika graduated from Golden Gate University School of Law with a certificate in Public Interest Law, awarded to students who demonstrate a commitment to practicing law for the public good. She was admitted to the State Bar of California in 2006 and was admitted to practice in the United States District Court in the Northern District of California.

“As we celebrate Erika’s promotion, we also say goodbye to Shawn, who is expanding his new practice. We wish him the best in his future endeavors and we look forward to working with him on future projects,” said Winer.

After more than ten years, Shawn D. Tillis leaves the firm to start his own practice, The Tillis Law Firm. During his time at WBS, Shawn focused on personal injury, employment and organization harassment and discrimination, sexual abuse, and therapist malpractice.

WBS will continue working with Mr. Tillis, who will be handling a combination of cases he is leaving with the firm as well as new cases from other sources in association with WBS—Tillis Law Firm.

Winer, Burritt & Scott, LLP, is one of the premier personal injury and employment law firms in California. Our partner attorneys bring more than 60 years of combined experience to each personal injury, wrongful death, sexual abuse, and employment law case that we handle. We have a reputation for taking on challenging cases, building value, representing our clients with high ethical standards, and pursuing our clients’ best interests passionately.

If You Are Wronged, We Will Make It Right. Schedule A Free Confidential Consultation At Winer, Burritt, Scott & Jacobs, LLP, we empower our clients. We take on the largest law firms, toughest insurance defense lawyers and largest companies with confidence. * Bold text labels are required for submission | We practice in California only.

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