Federal judge sides with Mo’Nique in Netflix discrimination lawsuit

The court also mentioned that an employer's failure to negotiate an 'opening offer' in good faith is an adverse employment action

Comedian Mo’Nique performs at the Beacon Theatre on June 28, 2009 in New York City. (Photo by Jemal Countess/Getty Images)

A U.S. District Court has ruled that Mo’Nique has presented enough evidence against Netflix to take the streaming powerhouse to trial for discrimination and racial bias.

The plaintiff, Monique Hicks, alleges that after she publicly expressed her dissatisfaction with Netflix’s initial offer, the streaming titan refused to negotiate higher compensation. 

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“Plaintiff has sufficiently alleged that Netflix’s [failure] to negotiate and increase her opening offer by straying from its standard practice… employment actions that are ‘reasonably likely to adversely and materially affect an employee,” stated Judge Andre Birotte Jr. in his ruling.

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Mo’Nique attends the BET Hip Hop Awards ’10 at Boisfeuillet Jones Atlanta Civic Center on October 2, 2010 in Atlanta, Georgia. (Photo by Taylor Hill/Getty Images)

The court also mentioned that an employer’s failure to negotiate an ‘opening offer’ in good faith is an adverse employment action. There are many adverse employment actions that employers take that could obstruct employee advancement.

READ MORE: Mo’Nique reveals Tyler Perry called her after viral tirade

“There is an adverse employment action if the defendant has taken an action or engaged in a course or pattern of conduct that, taken as a whole, materially and adversely affected the terms, conditions, or privileges of employment,” according to Justia

Netflix reached out to Mo’ Nique to pitch her a show. However, the Oscar award-winner felt disrespected by the offer the streaming company presented her. She and her management rejected the offer, insisting she should be compensated similarly to the white female comedians who are paid substantially more.

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