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Reason
Reason
Eugene Volokh

Being an "Immigrant Professional" Doesn't Cut in Favor of Pseudonymity

From Thursday's decision by Magistrate Judge Alistair Newbern in Doe v. Brooks Automation US LLC:

Doe alleges that, while working at Brooks, she "experienc[ed] targeted harassment and discrimination based on her gender, national origin, and physical disability[.]" Specifically, she asserts Title VII and ADA claims based on alleged gender discrimination in Brooks's hiring practices, retaliatory reassignment of her work responsibilities, verbal harassment, exclusion from a group photo due to her disability, and reputational harassment and defamation. Doe alleges that she "was coerced into accepting the terms" of a "garden leave" "to avoid forfeiting her annual bonus and risking her work visa status." ["Garden leave" appears to refer to paid leave preceding being dismissed. -EV] She further alleges that Brooks "delayed [her] green card process and ultimately halted it in retaliation for [Doe's] engagement in [ ] activities" protected by federal law. Doe states that Brooks "forced termination" of her employment and that her manager and another employee continued to defame her after her employment with Brooks ended….

Doe argues that the Court should grant her permission to proceed under a pseudonym because her complaint includes "serious allegations of discrimination, harassment, retaliation, and defamation by her former employer" and "[p]ublicly disclosing [her] identity could expose her to further retaliation by [Brooks] or its associates, negatively impacting her future employment opportunities and professional reputation." She states that she "has already suffered significant reputational harm and emotional distress due to [Brooks's] retaliatory actions, and" argues that "public disclosure of her identity in this lawsuit may exacerbate these harms" by "exposing her to additional scrutiny and compromising her standing within her industry." Doe argues that, "[a]s an immigrant professional, [she] is particularly vulnerable to potential repercussions[.]"

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