Legal analyst Andrew Esquire, who runs the Legal Mindset YouTube channel, shared his expert opinion on Gina Carano’s lawsuit against The Walt Disney Company and Lucasfilm.
Esquire went over each of Carano’s complaints, which include wrongful discharge, wrongful discharge and refusal to hire, and sex discrimination.
First, he addressed the wrongful discharge complaint by sharing the California statue that the suit alleges Disney violated, “no employer shall make, adopt, or enforce any rule, regulation, or policy: Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office. Controlling or directing, or tending to control or direct the political activities or affiliations of employees.”
He explained, “Speech. Political speech is a political activity. They terminated her based on her posts, which were political in nature which was trying to forbid her from engaging in politics therefore controlling her.”
Next, he cited another portion of the law, “It goes on to say no employers shall coerce, influence, or by any means threaten of discharge or loss of employment to adopt, follow, or restrain from adopting any particular course or line of political action or activity.”
He stated, “They’re dead to rights on this. They’re dead to rights on this. This fits neatly with this statute.”
Esquire then shared, “They clearly coerced her. Clearly coerced her. So just alone the behavior in trying to control her expression is enough to violate it. … This is 100% a slam dunk.”
He later reiterated, “Clear slam dunk here.
Esquire is not the only legal analyst to share his opinion regarding Carano’s lawsuit. New York lawyer Joe Nierman, who runs the Good Lawgic YouTube channel shared his opinion as well.
He said, “So, three causes of action, two labor law, one sex discrimination. To me, first blush, the labor law one seems somewhat stronger. I don’t know, but it seems stronger. I don’t know enough to tell you how great it is. It seems stronger, but I like the fact that they went after it.”
What do you make of Esquire and Nierman’s analysis of Carano’s lawsuit? How strong do you think her case is?
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