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Netflix Attorney Sues Company for Retaliatory Firing After She Spoke Out Against Discrimination and Sexual Harassment

Former Netflix attorney Nhu Phan has sued Netflix and two of its senior executives for firing her in retaliation for speaking out about racial discrimination and sexual harassment by the executives.  Ms. Phan is represented by HSRD attorneys Dan Stormer, Brian Olney, and Kate McFarlane.

The lawsuit has been covered by the LA TimesLaw360Variety, and Deadline.

Ms. Phan repeatedly spoke out during her employment about discrimination by Netflix executive Ted Sinclair, who excluded Ms. Phan and other women of color from professional opportunities he provided to their white colleagues.  Netflix took no action to address Mr. Sinclair’s conduct, however.  Instead, they promoted him.

In early 2024, Ms. Phan learned that another Netflix executive, Jonah Cozien, was sexually harassing a much younger female colleague.  Ms. Phan reported the sexual harassment to Human Resources.  

Netflix soon fired Ms. Phan in retaliation for her repeated complaints.  The company then sued Ms. Phan to force her into secretive arbitration proceedings that would hide her complaints from public view.  Netflix’s lawsuit violates the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which prohibits employers from denying workers their day in court and forcing them into arbitration proceedings cases involving claims related to sexual harassment.

HSRD Partner Brian Olney said, “Nhu Phan had the courage to blow the whistle about Netflix executives who are discriminating against women of color and sexually harassing a female employee. Rather than address the serious issues she raised, Netflix repeatedly tried to silence Ms. Phan—first by firing her and then by suing her.  Netflix is a corporate bully that will do anything to avoid responsibility for its actions.”

HSRD Attorney Kate McFarlane said, “Nhu Phan was brave enough to speak out about a culture of discrimination and harassment by men in power at Netflix. As a result, Netflix fired her, promoted her abusers, and attempted to silence her. She continues to stand up for herself and other women of color at Netflix.”

Read media coverage of the lawsuit: