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Aug. 7, 2024

Wendy E. Musell

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Law Offices of Wendy Musell • Oakland


Wendy E. Musell, as the managing partner of her firm, Law Offices of Wendy Musell, aims to hold employers accountable. Since 1999, she has represented employees in wage theft, discrimination, harassment, retaliation, wrongful termination and whistleblower actions. 


She is a recognized expert in representing federal, state and other public employees, including high-profile whistleblowers who have called out government corruption.


"Business is going well," Musell said. Along with successful cases, she believes strongly in non-billable work to advance the profession. "If we don't hold the line for civil rights, they won't exist."


Her extensive pro bono and public service efforts include appointment by Sacramento lawmakers to the State Bar's Closing the Justice Gap working group; work on the California Employment Lawyers Association's legislative committee; membership on the board of the Center for Workers' Rights; and author of the chapter on sexual orientation and discrimination for the Practicing Law Institute's Employment Law Treatise.


"I got a JD to do employment law," Musell said. "My mother worked three jobs, and I'm one of the few with my economic background to be able to make an impact on working conditions."


In March 2024, Musell partnered with Disability Rights Advocates to announce they'd settled claims against Los Angeles County over pre-employment psychological exams that unfairly stigmatized and discriminated against some applicants for social worker jobs. Doe et al. v. County of Los Angeles et al., 21STCV27868 (L.A. Super. Ct., filed July 29, 2021).


The deal ended the exam requirement. "It screened out some outstanding social workers," Musell said. "It hurt the people it claimed to be trying to serve."


When few lawyers were willing to take on a case against a sitting judge, Musell obtained a $1.2 million settlement to cover damages from the U.S. Department of Justice over the conduct of an immigration judge toward a staffer. Musell partnered with Toni Jaramilla APLC to represent a staff assistant to Immigration Judge Scott D. Laurent of Los Angeles. The complaint accused the judge of sex discrimination, harassment and retaliation, including graphic comments about other judges and employees. Escoto v. Merrick Garland, 2:23-cv-03340 (C.D. Cal., filed May 2, 2023).


The settlement added $235,000 in attorney fees and costs plus injunctive relief including reversal of the assistant's termination, a clean personnel file and a letter of recommendation. "Immigration judges are hired by the DOJ, and we found there's an enormous backlog of complaints against judges there," Musell said. "We're hoping for systemic change and a housecleaning. What does this say for our system of justice? We deserve better."


-- John Roemer


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