Tannen Complaint
Tannen Complaint
Tannen Complaint
Case Number:
TANNEN CAMPBELL,
Plaintiff,
vs.
Defendant.
/
says:
Head of Strategic Marketing and Brand Identity and, later, Vice President of
Strategic Marketing and Brand Identity, against her former employer, Magic
aa
pa The Amlong Firm ! 500 Northeast Fourth Street ! Fort Lauderdale, FL 33301 ! 954.462.1983
Case 0:17-cv-60327-WPD Document 1 Entered on FLSD Docket 02/13/2017 Page 2 of 28
world. Magic Leap, touted as one of the most well-funded startups of all
Florida; New Zealand; Dallas and Austin, Texas; Mountain View and Los
discrimination while proposing ways, not only to make Magic Leaps product
more woman friendly, but also to make the workplace more diverse and
inclusive. Campbell was terminated after (and because) she, like the child
in The Emperors New Clothes3 who blurted out that the Emperor was
1
Magic leap was valued at $5.7 billion prior to a critical report published
on December 8, 2016 by The Information, https://www.theinformation.com,
an online source of tech news that reported, Magic Leaps forthcoming product
wont include the technology that has dazzled people in private
demonstrations. Since then, Magic Leap stock has taken a 20 percent plunge
in the secondary market.
2
The pink/blue problem is a term used by Magic Leap internally to
define its marketing problem: the company is a large group of men designing
a device for men that doesnt appeal to women; the only solution the company
has been able to come up with is to make a pink version of the product.
3
The Emperors New Clothes is a short story written by Hans Christian
Andersen, about two weavers who promise an emperor a new suit of clothes
(continued...)
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gender imbalance that negatively affects the companys core culture and
what Magic Leap showed the public in marketing material was not what the
colleagues assertions that the images and videos presented on Magic Leaps
website and on YouTube were aspirational, and not Magic Leaps version
of alternate facts.
Campbell sues pursuant to Title VII of the Civil Rights Act of 1964, as
2. This action arises under Title VII of the Civil Rights Act of 1964,
3
(...continued)
that they say is invisible to those who are unfit for their positions or
hopelessly stupid. The weavers mime dressing the Emperor. When the
Emperor parades before his subjects in his new clothes, the Emperors
ministers and the towns people before whom he parades, as well as the
Emperor himself, cannot see the clothes but pretend they can for fear that
they will be seen as unfit for their positions, stupid, or incompetent. Finally,
a child cries out, But he isnt wearing anything at all!
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Florida.
Parties
because:
about December 21, 2016. The EEOC issued Campbell a Notice of Right to
Sue dated February 8, 2017, within 90 days of her receipt of which she is
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General Allegations
in March 2015 after she applied for a job with Magic Leap. During the
interview, Campbell joked that all of advertising was a boys club. Abovitz
replied that tech was the same way, but he wanted his company to be
different, and asked Campbell if she could help with that. Campbell happily
12. Magic Leap had not a single woman in leadership at the time it
hired Campbell, and the company was designing a product and experience,
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that company leadership recognized was designed for men. All the
Abovitz articulated one of his reasons for hiring Campbell: She can help
sycophants including:
harassment and retaliation exist within Magic Leap other than self-serving
right hires to fix major cultural issues at Magic Leap. For example, unlike
virtually every employer with a website, the Magic Leap website nowhere
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has magical powers, and virtually without exception images of wizards are
need-not-apply message.
b. Scott Henry, CFO, is the kind of man who sits a little too
close to women and makes them feel uncomfortable with his body
and when he does not get his way, he belittles his adversary.
whose primary focus has been on mergers and acquisitions, venture capital
Chief Business Officer. She is the perfect Magic Leap female employee: she
went Harvard, never disagrees with Abovitz and always does Abovitzs
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bidding even when common sense or her own experience run counter. She
were working within the course and scope of their employment and
authority.
15. In the first few months that Campbell worked for Magic Leap, in
the tech industry, as well as at Magic Leap, plus ideas of things Magic Leap
friendly.
16. For example, while only 30 percent of total jobs and 13 percent
of engineering jobs in tech are held by women, and only three percent of
leadership positions, Magic Leaps track record was even worse: in addition
her deck, Magic Leap got an F in gender equality and equal employment
opportunity.
17. The deck also highlighted reasons why Magic Leap should care
about diversity, both in its workplace and with regard to marketing its
product, including:
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gender diversity and employ women in leadership roles see greater return
for the household, comprise the majority of gamers and use technology
18. Campbell proposed ideas for the short term that could be
who were not the primary earners in their households get a great job, too,
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recruiting, requiring that for every five candidates brought in, two must be
women;
a mans role in child caregiving and allows busy moms to return to work
leadership;
4
The Rooney Rule is a National Football League policy that requires
league teams to interview minority candidates for head coaching and senior
football operation jobs. It is sometimes cited as an example of affirmative
action, though there is no quota or preference given to minorities in the hiring
of candidates.
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and
including:
from the program are mentored and taught mixed reality technology onsite;
difference in solving the pipe flow problemthe fact that few women
techs most successful female thinkers, e.g., Sheryl Sandberg and Meg
Whitman.5
5
Sandberg is the COO of Facebook and the author of Lean In: Women,
Work, and the Will to Lead. Time magazine named her as among the 100 most
influential people in the world. Whitman currently is the President and CEO
of Hewlett Packard Enterprise; she ran unsuccessfully for President of the
United States in the 2016 primaries. Previously, Whitman held a number of
high level executive positions including as President and CEO of Hewlett-
Packard Company and of eBay.
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21. The first deck was ready for Abovitzs review in July 2015, but
timesAbovitz did not meet with Campbell to review the presentation until
Resources who has since left the companyAbovitz arrived late and allowed
22. Campbell attempted three times over the next three months to
schedule a meeting with Abovitz to finish presenting the deck, but each
attempt resulted in the same response from his secretary: this was not
among Abovitzs priorities. After the third time, Campbell got the message
23. Campbell did not speak again to Abovitz about the deck until
48.
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product design and content to insure Magic Leap was not designing just for
men.
25. The groups initial meeting took place May 18, 2016 and
included Bhasin, Campbell and five other women from around the company
as well as Abovitz and Gary Natsume, Vice President of Product Design and
agenda for the meeting and no one took notes. Natsume presented a
prototype of the device and its power supply, which was housed in a belt
the headset connect in the back of the head because such a connection is
difficult for people with ponytails or long hair. The women also
recommended using a less stiff, lighter cable to connect the device to the
belt pack, because the existing one got caught in hair and jewelry. They
also recommended a new way to attach the belt pack, since women often
do not wear belts. A chaotic discussion with people talking over each other
followed. The group made no decisions and none of the proposed changes
without any goals or supportto the company December 22, but didnt due
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important event and not just a womens sewing circle. Vlietstra did not
27. The FBI, far from being a company effort to support gender
diversity and inclusion, never had any charter, financial support or a true
28. Later meetings did not include Abovitz or any of the other men,
forward.
And all the while, Magic Leap tolerated sexist comments and attitudes.
she had created to a group of people. One of the images depicted a male
and female doctor. One of the members in the group commented that the
male doctor looked like actor George Takei. Another male employee piped
in commenting, Yeah, and look, its Bring Your Wife to Work Day.
30. One of the only three or four core apps that will ship on Magic
Leaps standard headset is a game, Dr. G., that has no female heroes or
lead characters and the one female character, who is in the game back
story, but not the game itself, is a busty woman depicted on her knees
goveling at the heroes feet in admiration. During her tenure with Magic
developer that the game was misogynistic, and included the game in the
her gender diversity deck as an example of what Magic Leap was doing
wrong.
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2015 through a company email list serv for social activities for Magic Leap
employees and their families, which email bore the subject line, Board (sic)
Wives at home while you are loving it at the Leap, which stated:
Hello Leapers:
https://groups.google.com/forum/#!forum/magic-leap-spouses
It is sort of a social meeting place for all the spouses that have
been displaced, alone in the daytime and are new to the area,
would like to have lunch with or just to have someone local to
hang out with when their significant other is slaving away at
work thru-out the 12-Hr day. Or are they just nagging you
because you moved here?
Please forward this Email to your wife if she would like to get
better acclimated to South Florida. The group is not public and
is reasonably private (by email invite/accept) as to not
accidentally disclose any Magic Leap secrets.
subject line and the reference to your wife is the assumptionwhich is not
too far from wrongthat all the employees were men with wives who didnt
gave a tutorial to a group of seven new hires, including two women, how to
women always have trouble with computers. The women in the group, in
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replied, In IT we have a saying; stay away from the Three Os: Orientals,
33. A female direct report and a male peer told Campbell of the
Resources, Laura Langenhaug, told her what happened and that she
Campbell, but did not for over a week despite several follow-up calls and
emails.
Chief Administrative Officer Vlietstra spoke to Campbell and told her that he
understood what Thompson did was very offensive, but Thompson was both
humiliated and sorry and would not be allowed to do the new hire
orientation in the future. Campbell asked Vlietstra why Magic Leap hadnt
because he was African American and there were white men who had done
far worse and if Magic Leap fired Thompson, he could sue them because
he had been fired, but not the white guys. Campbell, outraged, asked,
Why not fire them all? Vlietstra answered: Because we need the white
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critical toward Campbell and Devin Zimmerman, the woman who runs social
media for Magic Leap whom Campbell managed. Both Campbell and
who responded to Campbell, Were taking care of it, but nothing was
done.
37. Campbell met September 28, 2016 with Magic Leap CFO Henry
and Head of Operations Tina Tuli for a conference call with the CFO and
agency that was Magic Leaps advertising agency of record. During the call,
Henry said of the product under development, Im sitting here between two
beautiful ladies. Theyre not going to want to put a big ugly device over
their pretty faces. And I have an office with glass doors, I dont want people
to see me with these beautiful girls with ugly things on their faces. Later,
one of the male R/GA executives on the call asked Campbell if Henry
38. Just before the call with R/GA had started, Henry who had
printed an email from Tuli that had a photo icon with Tulis picture on it,
pointed to the picture and said in the presence of Campbell, You know
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what I love most about all the emails you send me, Tina? I get to see your
large group of people who asked why he voted for Trump that it was
40. Women are not seen fit to manage men in any Magic Leap
41. Women are not seen as capable of the engineering jobs closely
tied to Magic Leaps product. Instead they are allocated to the softer
43. Women were not treated like part of the team, but rather were
absent from large lunch tables and happy hours of all men.
Magic Leap made Campbell a Vice President only after she asked
to be promoted.
September 20. Campbell never had had a formal evaluation. During the
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more than once during the meeting, We love you here and your work
speaks for itself. Validated, Campbell asked for a raise and the title of Vice
President. She also told Vlietstra during the meeting that she still had
making decisions, but rather kept putting things off pending more meetings
and assigning more people to solve the problem, which was one of the
primary reasons Magic Leap could not bring its product to market.
Campbell also told Vlietstra she continued to have issues with gender
Abovitz went over his 24-point description of the ideal Leaper (employee)
in an hour-long monologue. When time ran out, Campbell pointed out that
the purpose of the meeting was to discuss her future at Magic Leap and
Campbell, Abovitz and Vlietstra attended, Abovitz also asked Campbell how
things were going and she told him she had some pain points around the
product definition and decision making and still had problems with gender
diversity and inclusion issues. Abovitz asked her to elaborate on the gender
deck and how it was ignored. She also told Abovitz that misogyny comes
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on a sliding scale from unconscious bias to malicious hate and that she
an IT employee who was helping Campbell a new logo into the email
system. Cognizant that she was taking up a lot of the employees time with
minor changes to get the logo perfect, Campbell apologized for taking up
get it. Youre a woman and you care that things look pretty. Im a man. I
more had been done. Campbell could tell Vlietstra was furious with her for
bringing it up, and Vlietstra told Abovitz the two men needed to talk alone
51. By the end of the third meeting, Campbell, Abovitz and Vlietstra
still had not talked about the promotion Campbell had requested. Campbell
tried to turn the conversation to the promotion, but Abovitz was non-
committal. He told her to follow-up with Vlietstra and that well figure this
out. In the days that followed, Campbell followed up with Vlietstra two or
three times.
was done. But Magic Leap made no announcement either to her team or
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website as were other male vice presidents. Only her title changed and she
always had been pouty and prone to temper-tantrums, began to dig his
heels in even more in the face of dissenting ideas and to explode ever more
light.
record, R/GA, to join the agency team. Campbell told Henry this was not a
good idea because she already had established and trained the existing
agency team over the last nine months and they were doing excellent work
55. Henry told Campbell she was being emotional and sensitive
56. Abovitz and Bhasin, the Chief Business Officer who had never
met anyone from either agency and had no idea what value they provided,
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in October 2016, fired both agencies Campbell relied upon to do her work:
R/GA and Pentagram. This left her powerless to execute her strategies and
plans.
Campbell to senior leadership meetings and told her she didnt own the
brand and, instead, she needed to set up a brand brain trust consisting of
a male comic book artist, the male Vice President of Product Design and the
people within the company about their opinions of the company and the
brand in the hope of gathering some themes that appealed to the inner
target audience that would buy the product, not the people in the building
presentation of which she was very proud that she believed perfectly
balanced the targets needs with those of Abovitz that she was due to
present on December 20. Instead, she was called into a meeting with
Vlietstra, General Counsel Albert, her newly hired boss, Brenda Freeman
and another woman from HR and told her position was being eliminated and
6
UX is user experience. UI is user interface.
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refused, turned in her computer and badge and left the building.
61. Due in large part to its gender imbalance and the misogynistic
where womens work and ideas, including those of Campbell, are ridiculed
openly and their opinions are ignored in favor of those of those of their
male counterparts.
dysfunctional culture which creates chaos and lack of process and structure,
launch, which has shifted back at least 4 times in Campbells 1.5 years at
the company) and, literally, prevented Campbell from doing the job she was
hired to do or achieving the goals she and Abovitz had discussed during her
63. Sadly, because Magic Leap seldom hires and does not actively
females on its team, developed its similar product on a faster time line with
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64. Plaintiff realleges and adopts, as if fully set forth in this Count,
65. Magic Leap, through its CEO Abovitz and other highly placed
conduct described in paragraphs 12, 13, 16, 21, 22 and 25-63, which
evidenced that:
Leap workplace;
66. The conditions and conduct referred to in paragraphs 12, 13, 16,
21, 22 and 25-60 were both subjectively and objectively offensive, and
violated plaintiffs rights under Title VII of the Civil Rights Act of 1964.
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actions of Magic Leap, Campbell has suffered past and future pecuniary
was aware both that discrimination based on sex is against the law and of
the gender-based hostility that women who worked there suffered and
award of punitive damages against Magic Leap to punish it for its conduct
claims.
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VII;
Two, enjoin Magic Leap and its agents from continuing to violate
Campbells statutory rights under Title VII and to make Campbell whole
Three, enter a judgment for Campbell and against Magic Leap for
Count II:
Opposition-Clause Retaliation in Violation of Title VII
72. Plaintiff realleges and adopts, as if fully set forth in this Count,
she encountered at Magic Leap and about which she complained to Abovitz
and others as alleged in paragraphs 15 through 22, 30, 33, 34, 36, 46, 48
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actions of Magic Leap, Campbell has suffered past and future pecuniary
the law and countenanced or approved it. Magic Leaps intentional and
against Magic Leap to punish it for its conduct and to deter others like it
claims.
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Two, enjoin Magic Leap and its agents from continuing to violate
Campbells statutory rights under Title VII and to make Campbell whole
Three, enter a judgment for Campbell and against Magic Leap for
Respectfully Submitted,
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Case 0:17-cv-60327-WPD Document
JS 44 (Rev. 07/16) FLSD Revised 07/01/2016 1-1 COVER
CIVIL EnteredSHEET
on FLSD Docket 02/13/2017 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose
of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS TANNEN CAMPBELL DEFENDANTS MAGIC LEAP, INC., a Florida Corporation
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Amlong & Amlong, P.A.,
500 NE 4th Street, Fort Lauderdale, Florida 33301
(d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION Title VII of the Civil Rights Act of 1964. Hostile environment sex discrimination and retaliation
retaliation
LENGTH OF TRIAL via 5 days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
CHECK YES only if demanded in complaint:
DEMAND $
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VIII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 0:17-cv-60327-WPD Document 1-2 Entered on FLSD Docket 02/13/2017 Page 1 of 2
CASE NUMBER:
vs.
Defendant.
/
YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and
an answer to the Complaint which is herewith served upon you, within Twenty One (21)
days after service of this Summons upon you, exclusive of the day of service. If you fail
to do so, judgment by default will be taken against you for the relief demanded in the
Complaint. You must also file your answers with the Clerk of the Court within a reasonable
period of time after service.
??????????
CLERK DATE
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By DEPUTY CLERK
RETURN OF SERVICE
Service of the Summons and Complaint was made Date
by me.
Left copies thereof at the Defendants dwelling house or usual place of abode with a
person of suitable age and discretion then residing therein: Name of person with
whom the Summons and Complaint were left:
Returned unexecuted:
Other (Specify):
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United State of America that the
foregoing information contained in the Return of Service and Statement of Fees is true and correct.
Executed on
Signature of Server Date
Address of Server
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