DISCLAIMER: The content herein reflects the allegations made in the complaint filed against KG&P Strategies (MVM Inc, KACE Company, The Providencia Group, and evolve24 dba Sherpa LLC), and individuals including Amber Kodish, Rose Sommovigo, Noah Howerton, Scott Forbes, Carmen Campos, and Crystal Wheeler. Maria Campos and Kevin Marquez have been named in the initial EEOC Inquiry and are potential witnesses. All items on ALL pages and posts on this website is intended for informational purposes only and does not constitute legal advice. The legal proceedings will determine the validity of these claims.
Fairfax County, VA – A former employee of evolve24 has filed a lawsuit alleging wrongful termination with pretext for discrimination based on sexual orientation and potential fraud concerning bonus eligibility. The lawsuit, which has drawn significant attention, claims that the termination was a result of discrimination related to the employee's sexual orientation.
Osman, was employed as a VP of Data Science at evolve24. The complaint asserts that Mr. Osman's sexual orientation was assumed based on either his involvement in a clothing line catering to gay men or his perceived “gay voice,” as referenced by comedian Matteo Lane. The last performance review Mr. Osman received in December 2022 was highly favorable, and annual performance reviews with merit increases and bonus considerations were ongoing at the time of his termination. A timeline of events for Mr. Osman's claim is below and has been presented as an exhibit in his lawsuit. Temporal proximity is a key component when presenting workplace discrimination and retaliation cases.
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Temporal Proximity in Workplace Discrimination Lawsuits
Temporal proximity refers to the closeness in time between an employee's engagement in a protected activity (like filing a discrimination complaint or participating in an investigation) and an adverse employment action (such as termination, demotion, or harassment). In workplace discrimination lawsuits, temporal proximity is a crucial element because it can help establish a causal link between the employee's protected activity and the adverse action they experienced. The shorter the time gap between the two events, the stronger the inference that the adverse action was retaliatory.
Importance of Temporal Proximity
1. Evidence of Retaliation: Temporal proximity serves as compelling evidence that an employer’s adverse action was motivated by retaliatory intent. When an employee faces negative consequences soon after engaging in a protected activity, it raises a red flag, suggesting that the action was not based on legitimate business reasons but rather on a desire to punish the employee for asserting their rights.
2. Weakening the Employer's Defense: Employers often attempt to justify adverse actions by citing performance issues or business needs. However, when these actions occur shortly after an employee’s protected activity, it undermines the credibility of such justifications. Temporal proximity casts doubt on the employer’s motives and can sway the case in favor of the employee.
3. Supporting the Employee's Case: In many instances, direct evidence of discrimination or retaliation is hard to come by. Temporal proximity can serve as indirect evidence, bolstering the employee’s claims and making it difficult for the employer to argue that the adverse action was unrelated to the protected activity.
Negative Sentiment Toward Companies and Individuals Involved in Discrimination
The companies and individuals who engage in discriminatory practices or retaliate against employees for standing up for their rights often reveal a deep-seated disregard for fairness, equality, and the well-being of their employees. Their actions reflect a toxic workplace culture where those in power exploit their positions to silence, intimidate, and punish those who dare to challenge the status quo. Such behavior is not only morally reprehensible but also a blatant violation of legal standards designed to protect workers from injustice.
Moreover, the opposing counsel representing these companies in court often adds insult to injury by defending these indefensible actions. Their attempts to dismiss or downplay the significance of temporal proximity and other evidence of discrimination only serve to perpetuate a culture of impunity. By prioritizing the interests of their clients over the rights of victims, they contribute to a system that enables and excuses harmful behavior in the workplace.
In conclusion, temporal proximity is a vital component in workplace discrimination lawsuits, helping to expose and challenge the malicious actions of companies and individuals who seek to retaliate against employees for exercising their rights. The importance of this concept cannot be overstated, as it often serves as a key piece of evidence that can tip the scales of justice in favor of those who have been wronged.
Timeline of Events
January 11, 2023: Scott Forbes from KACE, a sister company of evolve24, requested the use of Noah Howerton for additional project time and private meetings. This request bypassed Mr. Osman's authority.January 27, 2023: Noah Howerton filed a complaint with HR against Mr. Osman. And on the same day, Scott Forbes contacted Amber Kodish, Mr. Osman's supervisor, regarding Noah Howerton’s time allocation, bypassing Mr. Osman.
January 30, 2023: Mr. Osman and Amber Kodish discussed Scott Forbes' request for additional time from Noah Howerton. Amber instructed Mr. Osman to call Howerton about the project, which Mr. Osman agreed to. Amber Kodish also contacted Noah Howerton following Mr. Osman’s call.
February 6, 2023: Mr. Osman and Amber Kodish held a meeting to discuss Scott Forbes' bypassing of Mr. Osman’s authority. Amber Kodish declined to investigate further, citing financial concerns over understanding the issues.
February 7, 2023:
- 1:00-1:30 pm: Regular 1:1 meeting with Noah Howerton with no issues.
- 1:30-2:00 pm: HR call with Rose Sommovigo and Carmen Campos regarding Noah Howerton’s complaint, which included unconfirmed harassment hints.
- 2:29 pm: Email from Rose Sommovigo stating that Noah Howerton would be temporarily reporting to Bryan Bernat, with Amber Kodish acting as interim manager. Mr. Osman sent emails providing context, expressing concerns about potential assumptions of homosexuality. Mr. Osman felt compelled to come out in an email sent at 6:18 pm that evening.
- 12:00 am: Requested a meeting to provide additional context.
- 9:07 am: Rose Sommovigo confirmed a meeting for the afternoon and mentioned having the complete Slack message history.
- 9:13 am: Mr. Osman responded, describing the accusations as “almost discriminatory.”
- 4:45 pm: Noah Howerton unassigned himself from all Data Science tasks on YouTrack.
- 4:54 pm: Mr. Osman emailed Rose Sommovigo inquiring about meetings involving Noah Howerton and whether he should be included. Rose Sommovigo replied on February 9, 2023, confirming Noah Howerton should be included, although he did not attend the scheduled meeting.
February 10, 2023:
- 8:00 am: Mr. Osman sent an email to the entire evolve24 team regarding Data Science updates, omitting Noah Howerton, who was reporting to someone else.
- Met with Rose Sommovigo and Carmen Campos regarding a formal written warning received in the morning. The written warning did not specify dates but included times of alleged violations, many of which were alleged to be biased against LGBTQ individuals. The warning was padded with other contextually innocent violations. Mr. Osman was also informed of issues with reassigning Noah Howerton to Bryan Bernat as his manager and was asked to approve Noah Howerton’s timesheet for the week. Mr. Osman suggested measures to protect himself and his team from potential retribution but did not act on these suggestions. He proposed that Noah Howerton report to another senior person on his team when returning officially.
February 13, 2023: Received information from Rose Sommovigo regarding annual performance reviews and self-evaluation. Mr. Osman provided Data Science updates in a leadership meeting, omitting Noah Howerton.
February 14, 2023: Amber Kodish requested a project plan and proposal paper by February 16, 2023.
February 16, 2023:
- Mr. Osman submitted the project plan.
- Met with Mike C. regarding the proposal details.
- Amber Kodish scheduled a 1:1 meeting for February 17, 2023, which Mr. Osman accepted.
- 10:00 am: Mr. Osman was terminated effective immediately, reportedly due to an email excluding Howerton from Data Science updates, deemed as retaliation. Both Crystal Wheeler and Amber Kodish were present.
- Bryan Bernat and Brad Neimeyer, who also failed to meet similar communication expectations, were not disciplined.
Post-Termination Events
February 17 - March 17, 2023: Mr. Osman sent multiple emails requesting details of the termination, including confirmation of received equipment and personal office items.
March 17, 2023: Notified evolve24 of potential violations of state and federal laws regarding wrongful termination and planned to report to appropriate authorities. No further communications followed.
Applied to over 200 jobs with only two interviews and no success. Experienced significant weight loss and health issues, which began to improve by mid-April.
Amber Kodish and Rose Sommovigo left around April or May, while Brad Neimeyer and Bryan Bernat left in June or July. The departure of these key individuals raises suspicions about the circumstances surrounding the case.
Filed an inquiry with the EEOC on March 10, 2023, followed by an intake interview on July 6, 2023. A Charge of Discrimination was filed on July 24, 2023, with a Right to Sue granted on July 26, 2023.
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CLICK HERE for the PUBLICLY AVAILABLE EXHIBIT submitted in the Complaint
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For further information, please contact:
Elaine JarvisJarvis Law PLLC
info@jarvislaw.org
540.546.0220