A top-performing California branch manager claims Movement Mortgage treated her poorly because of gender.
Candice Davis, an employee of Movement for almost a decade, alleges she was "consistently shunned" by the mortgage lender despite "generating substantial profits on its behalf," litigation filed in a California federal court shows. She claims the company low-balled her compensation compared to her male counterparts, treated her unfairly and misclassified her as an "exempt" employee, which allowed the lender to deny her things like an
When the issue of her misclassification was brought to the attention of Casey Crawford, Movement's CEO, and Laura Bowels, the company's chief financial officer, they allegedly told Davis that she should've "left years ago" if that is her sentiment, and that she could resign now, litigation filed Oct. 11 claims.
The loan originator is suing Movement for allegedly violating a number of California employment laws, including the state's Fair Employment and Housing Act and the Golden State's labor code section 1197.5, which prohibits discriminatory pay practices based on sex.
Movement Mortgage did not immediately respond to a request for comment Monday. Davis' attorney could not be reached.
According to the complaint, one of the main issues was the company's reluctance to change Davis' status as an "exempt" employee. An exempt employee gets a base pay and is not subject to the
Davis, on the other hand, notes she is paid $2,600 monthly, which is treated as a "draw", and later clawed back from her variable pay. She also receives bonuses and other other pay that correlates with her performance.
Her misclassification was allegedly acknowledged by a handful of executives, including the director of finance and the director of branch partnerships, but nothing was done to rectify the situation.
Around May 2023, Davis made a formal complaint, asking Movement Mortgage to fix the situation, after which her work environment soured.
The branch manager was moved to a new supervisor and excluded from monthly meetings, limiting her ability to know what was happening inside of the company, litigation said. Additionally, her branche's reserve balance was frozen, preventing the manager from giving herself bonuses, something other branch managers do without hindrance.
"The totality of the foregoing- months of being excluded and ignored in favor of male colleagues, being paid significantly less than her colleagues and other adverse employment actions- have caused plaintiff to suffer significant economic damages as well as severe emotional distress," the complaint said. As of Oct. 28, Davis is still employed at Movement Mortgage, according to the Nationwide Mortgage Licensing System.
Movement Mortgage, in response, is asking for the California federal court to push the litigation to arbitration. In a petition filed Oct. 18, the mortgage lender wrote that Davis is bound by an enforceable arbitration agreement, "wherein she agreed to arbitrate any employment-related disputes with Movement Mortgage, including the claims in this action."
The filing reveals that Davis filed a demand for arbitration with the American Arbitration Association earlier this year, but that efforts to settle the dispute were unsuccessful. Her previous claims solely revolved around wage and hour claims under the California Labor Code, Movement claims.
"The complaint is significantly different from Plaintiff's arbitration demand as it contains new and different allegations, including claims under the FEHA," the lender's petition said.
A status conference for both parties is set for Feb. 24, 2025, documents show.
