Nonprofit group suing S.F. is hit with its own lawsuit
The Coalition on Homelessness, an advocacy group locked in an ongoing lawsuit with San Francisco over encampment sweeps, is now facing its own legal battle.
A former employee of the coalition is suing the nonprofit, alleging that she faced “continued discrimination and harassment” during her time there.
Kelly Cutler, who served as the nonprofit’s human rights organizer for six years, filed a lawsuit against the nonprofit and Executive Director Jennifer Friedenbach Feb. 9 in San Francisco Superior Court.
Cutler accuses the nonprofit of more than a dozen state code violations, including discrimination and harassment, failure to compensate employees for all hours worked and a lack of adequate meal and rest breaks.
Friedenbach deferred questions from a reporter to Joe Wilson, a member of the coalition’s board of directors.
In a brief emailed statement, Wilson wrote that the coalition will “cooperate fully with the legal process pertaining to the lawsuit. We cannot comment further on confidential personnel matters.”
According to the lawsuit, Cutler was diagnosed with PTSD due to the nature of her work with the coalition. Friedenbach allegedly discussed Cutler’s condition and mental health with other coworkers without her consent and failed to provide accommodations for her disability.
The lawsuit further alleges that Cutler was not paid accurately for overtime she was required to work and was not provided meal and rest breaks, as required by state law. She was also forced to incur expenses as part of her job duties that were not appropriately reimbursed, such as mileage, the lawsuit states.
Toward the end of her employment with the coalition, Cutler claims she faced retaliation. The lawsuit states that Cutler in May 2022 voiced concerns after Friedenbach indicated she planned to hire a new employee based on their “African American and female characteristics.” Cutler told Friedenbach in a meeting that she believed that her hiring practices were illegal and that another candidate held superior qualifications.
Friedenbach in response allegedly accused Cutler of making “white supremacist comments” and sent harassing text messages to her. Cutler was allegedly forced to quit in June 2022 because of Friedenbach’s “continued discrimination and harassment.” She is seeking unspecified damages and back pay for unpaid wages, mental and emotional distress and attorney fees.
Cutler could not immediately be reached for comment.
Paul Boden, the organization’s former executive director, called a reporter Monday morning after reportedly speaking with Friedenbach about the Chronicle’s inquiry, but said he was not speaking on her behalf.
Boden said he felt an obligation to point out that this was the first lawsuit of its kind filed against the nonprofit since its founding more than three decades ago.
“It makes a statement because I know a ton of organizations that are getting raked over the coals and it’s like, man, we’re just a small, broke-ass homeless coalition doing the best we can,” he said. “It’s a first for us.”
In September 2022, the coalition sued the city on behalf of seven unhoused San Franciscans, arguing that San Francisco officials violated state and federal laws, as well as its own policies and the rights of homeless individuals, by clearing encampments without offering adequate shelter and unlawfully seizing their belongings.
San Francisco last month filed a motion seeking to temporarily freeze that lawsuit while the U.S. Supreme Court decides another case that could have significant implications on the case. The judge has not yet issued a decision.