Lawyer says workload and compensation were unfair compared with male colleagues.
September 22, 2023 10:08 AM
A former in-house attorney for Kia America is suing the Korean automaker and General Counsel John Yoon, claiming they perpetuated a hostile work environment and underpaid her compared with male colleagues during nearly two decades of employment.
Yvonne Yung filed a lawsuit in Los Angeles Superior Court last week, alleging that her employment was “constructively terminated” after she faced retaliation for taking an extended medical leave for issues she says stemmed from stressful working conditions. Constructive termination is when an employee leaves a job because of the employer’s conduct.
According to the complaint, Yung began working for Kia in 2004 as a litigation counsel and transitioned to dealer attorney in 2009, where she played a critical part in expanding the automaker’s dealership network.
Yung said it was during this time that her interactions with Yoon became more frequent.
She said that in 2011, she became Kia’s first-ever employment attorney, a position in which she remained until her medical leave in March 2022. She also oversaw all advertising and marketing matters.
She alleges that throughout her tenure, Yoon maintained an expectation that she manage a workload beyond the limits of what she could “humanly do” and that she regularly observed him make accommodations for her male colleagues.
The 100-page complaint outlines in detail Yung’s account of her interactions with Yoon. Yung claims she became “increasingly exposed to abuse from Yoon” under the guise that it was “mentoring” and that it would be “good for her career.”
The lawsuit alleges gender discrimination, saying that throughout Yung’s years of service, it took longer for her to be promoted to the director level compared with male colleagues and that there was inequity between her pay and what Kia offered to recruit and retain less experienced male attorneys.
Yung also claims Kia promoted one of her subordinates with less tenure and experience into her position when she didn’t return early from medical leave against recommendations from her doctor, and then concealed open positions at her level to deter her from returning.
Yung is seeking damages to cover back pay for the years of service when she claims she was paid less than more junior male counterparts, as well as “front wages” to cover the compensation she lost having not been able to stay in her position at Kia.
She also seeks damages for emotional suffering, cost of medical treatment and punitive damages for what she claims were “oppressive, intentional and malicious” actions.
“We look forward to resolving this matter so that Ms. Yung can be healed,” Karen Jung of Jung Law, the attorney representing Yung, told Automotive News.
Automotive News reached out to Kia for a response. A spokesperson said the company’s policy is not to comment on pending litigation.
