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Attorney For Ex-Source Staffers Vows: "We will win..."
As former top staffers hit The Source with gender discrimination and sexual harassment charges, their attorney Kenneth Thompson speaks exclusively to SOHH.com about their case, The Source's counterattacks, and what it all means for the future of Hip-Hop.
Attorney Kenneth Thompson has repped on many high profile cases, from getting justice for Abner Louima to representing Miss Info in her recent dispute with Hot 97. Now he's in the spotlight again, stepping up on behalf of Kim Osorio, Michelle Joyce and other ex-Source staffers in their lawsuit against the magazine for sexual harassment and gender discrimination. Since the women have filed an official complaint with the EEOC two weeks ago, The Source's co-owners have quickly struck back by questioning the women's credibility and even alleging sexual promiscuity. However, Thompson insisted to SOHH.com that once they get their day in court, all the facts will back up his team. In the end, Hip-Hoppers may soon find issues of discrimination and sexual harassment synonymous with, let's say, "plungers."
SOHH: First tell us a little about your background and how you got started in law.
Kenneth Thompson: I was born and raised in Harlem and The Bronx. My mother was one of the first Black women to serve as a New York City police officer; her beat was 125th street. So I was always interested in law and ultimately became a federal prosecutor for the U.S. Attorney's office in Brooklyn; doing many big trials involving things like murders and bank robberies. Until finally, I was assigned to the Abner Louima case and I worked with the top people in the department on that and gave the opening statement at the trial.
I also got to work with Johnny Cochran on that case and Johnny was a major influence on me. He gave the blueprint for what a Black lawyer should be; standing up and speaking the truth, speaking out against injustice as he did on so many cases. Since I started my own private practice at Thompson Wigdor & Gilly, that's what we've always strived to do. That's why I decided to take on this Source lawsuit.
SOHH: Can you break down how you got involved with the suit and what the case is all about?
Kenneth Thompson: I was contacted by Kim Osorio and Michelle Joyce, and others, to be quite honest. I was told about what they were going through at The Source and I couldn't believe it because, like many people of color in the city, I grew up reading the magazine. I understand the role that The Source magazine has played in advancing the music. So when I heard about the allegations, I was troubled because there appeared to be a very serious problem within the four walls of The Source. So I decided to take the case in order to stand up for the rights of women.
Gender discrimination means treating someone differently in a material way, based on their gender. If you look at the list of charges, which we didn't give out but I see they're out there now [read documents obtained exclusively by SOHH.com: Joyce vs The Source, Osorio vs The Source] -- you will see that Kim and Michelle allege they were treated differently because they are women. The law also recognizes that in certain companies there may exist what is called a hostile work environment. Johnny Cochran and I brought a case on behalf of Black employees who worked in a similar environment; and it can happen for gender as well as race. When we take this case to court we'll be presenting examples of women who were afraid to come out of their office, women were afraid to walk down the hallway because of what they saw going on with their co-workers.
It's important to understand that the public has only heard about Kim and Michelle, but there are many others. I've been contacted by a bunch of others who want to come forward and join this suit. I have women calling me late at night leaving messages, telling me they want to talk to me and share their story. Many of them have never even met each other, but their accounts are all pretty consistent, the same people and the same acts. I'll give you one example, a boss cannot tell his subordinate to come with him to a hotel. You cannot put pressure on anyone to do something like that.
I think this going to be an important case for the rights of women in the workplace, and it's going to be a wake-up call for the Hip-Hop community. We intend to take this case to trial; there will be no settlement in this case. We intend to take this case to jury verdict and make sure a jury will sit there and listen to all of these facts. I'm not even going to respond to some of the comments that were made about my clients, but I'll tell you this: it's all going to be played out in court. We will respond accordingly.
SOHH: The Source's co-owners have made quite a few comments, attacking Kim and Michelle's credibility and their performance at the magazine, and questioning why they never made these complaints in the years they were working there.
SOHH: The Source's co-owners have made quite a few comments, attacking Kim and Michelle's credibility and their performance at the magazine, and questioning why they never made these complaints in the years they were working there.
Kenneth Thompson: That is a typical strategy and I've been doing employment discrimination cases for a couple of years. Before I started my own firm I worked at a big Park Avenue firm defending Fortune 500 companies against suits like this and invariably, the employer tries to allege performance issues about that person -claiming the person was a horror show, they were so terrible. It's amazing how those allegations are made after a person left, but there's no reflection of that in their personnel file. Do you really think that if Kim Osorio was a horror show, she would be able to remain as editor-in-chief of The Source for 5 years? Do you really think she would be allowed to keep such an important position? When we go to trial it will become clear these charges are not true.
It's not what these guys say now that matters. They say things about Kim Osorio that are completely outrageous. They say things about Michelle; I read one report where they claimed she was faking breast cancer! I gotta tell you, that's gonna be interesting when we go to trial. I think we're going to have many claims to bring against The Source, David Mays, Ray "Benzino" Scott and others. It's not just those two; there are many individuals in this company who have something to answer for.
SOHH: We've also seen David Mays and Benzino make allegations about Kim Osorio having sexual relations with rap artists, how do you respond to that?
Kenneth Thompson: This is not relevant at all. I see it basically as an act of desperation. If you really follow what they're saying, that 'Kim Osorio did this and did that. Therefore, you can't believe she was sexually harassed. You can't believe she was discriminated against.' All that is simply ridiculous. In the end, I'm not concerned about their statements right now because they're going to say what they're going to say. I'm only concerned about taking this case to trial and getting vindication for Kim and Michelle. They can make whatever character attacks they want for now, but when the time comes, we will respond accordingly.
We will respond accordingly, and we will win. I think the only agreement we have with the other side is that they say that they want their day in court, and we're gonna give it to them. This is not the Eminem case. I believe this case will be far more important than that.
SOHH: What do you think will be the importance of this case?
Kenneth Thompson: As someone who was born and raised in this city, a Black person who has no animosity towards Hip-Hop whatsoever, I am also someone who respects women and cares about making sure there rights are protected. So I am honored to represent this because it is an important case. It's not just your average discrimination case.
When we went to trial in the Abner Louima case and I gave that opening statement on behalf of the federal government, I realized that when those police officers dragged him into that filthy stall they dragged all of us in there as well. That was an important moment because by representing him I was representing for all of us. I think when I stand up and deliver the opening statement against The Source that will be equally important. By bringing this suit Kim Osorio and Michelle Joyce are standing up for all women, whether inside Hip-Hop or not.
At the end of the day, I'm not interested in teaching anybody anything with this case so much as vigorously protecting my clients' rights and making sure they are fully compensated for what was done to them. But if anything can come out of this case, maybe it can become the point of reference for the Hip-Hop community. So in the future, before someone continues to step on women or sexually harass them, they will have to stop and say "Remember The Source."
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