David M. deRubertis

DeRubertis is the sole shareholder and lead trial lawyer of the firm he founded in 2000 to do plaintiff-side employment litigation. “I threw up my own shingle right out of law school,” he said.

With jury trials largely on hold, deRubertis conducted two remote arbitrations. “I prefer talking to juries, but given the pandemic, I went looking for Zoom work,” he said.

One of the proceedings resulted in a $385,000 damages award, plus deRubertis’ fees and costs in an amount to be determined that he said will bring the total judgment to seven figures. The client was an African-American employee of an agency that supplies transportation services to the disabled. The client alleged the agency showed favoritism towards African-American employees to the disadvantage of Hispanic and Asian workers; when she protested, she was terminated. The arbitrator, following an eight-day trial, issued his interim award on March 9, 2021. Adams v. Access Services, 01-19-0000-7404 (AAA, filed Aug. 12, 2018).

In an ongoing case, deRubertis is the lead counsel representing Oscar-winning actress Monique “Mo’Nique” Hicks in a pay discrimination and retaliation action alleging that Netflix Inc. has a discriminatory corporate culture that undervalues women of color. The complaint alleges that Netflix made a lowball offer for work on a comedy special and retaliated when Mo’Nique protested. Hicks v. Netflix Inc., 2:19-cv-10452 (C.D. Cal., filed Dec. 10, 2019).

In 2020 deRubertis obtained favorable rulings from U.S. District Judge Andre Birotte Jr. of Los Angeles. Among them, the judge refused Netflix’ demand that a racial slur by a Netflix executive at a 2017 meeting be stricken from the complaint, along with comments by Netflix CEO Reed Hastings that the executive “showed unacceptably low racial awareness and sensitivity” and a “deep lack of understanding.”

“The defense was trying to sanitize the case,” deRubertis said.

Birotte wrote that the allegation was relevant to Mo’Nique’s case, “as several of her claims require her to prove pretext by way of discriminatory intent or animus.”

DeRubertis added that, in a later order rejecting Netflix’ motion to dismiss, the judge issued a first-of-its-kind ruling that failure to negotiate in good faith could be an adverse employment action.

“We go forward, and we’re deeply in discovery now,” deRubertis said.

Trial is set for May 2022, when courtrooms will presumably be back in business. “Am I glad to see the return of trials? Oh, my goodness, yes,” deRubertis said. “Zoom I could do from home in a jacket, an untucked shirt and tie and shorts. But I’ll really be excited to get back to court.”

As for his celebrity client and her case, deRubertis is optimistic. “We have both factual and legal issues that are at the heart of employment law. Plus, Mo’Nique is such a great client, a true sweetheart. She laughs at my jokes.”

— John Roemer