On International Pay Equity Day, two well-known Black women executives expanded their federal discrimination lawsuit against the world’s largest independent media agency.

Lawyers for Charisma Deberry and Latraviette Smith-Wilson added language to a lawsuit claiming that Horizon Media, a major firm based in New York, has retaliated against Deberry with a mediocre performance review since learning of the lawsuit filed through U.S. District Court in New York.

International Pay Equity Day was Thursday. 

Horizon Media did not respond to multiple attempts by Black News & Views for a response. The company also has not yet filed a formal response to the original 60-plus-page federal lawsuit or the amended filing. In a statement shared with the media, the company said it “categorically rejects” the allegations brought by Deberry and Smith-Wilson and is prepared to “vigorously defend” against the claims in court.

Key in the new allegations against the company: a performance review conducted just two days after the original complaint was filed. During the review, a company executive allegedly told Deberry that CEO Bill Koenigsberg could “treat her however he wanted” because he owns the company. The lawsuit addition describes a “deliberate and ongoing pattern of retaliation” that worsened after Horizon received notice of the lawsuit on September 2. 

The added language also includes allegations that Horizon recently hired a white woman as senior vice president at a salary range of $230,000 to $500,000, significantly higher than Deberry’s current salary for what the complaint describes as parallel responsibilities. Deberry, who has served as the company’s head of communications for nearly three years, has received neither a raise nor a title adjustment during those years because of what Horizon representatives told her were “budget constraints.”

The timing coincides with the pay disparities that International Equal Pay Day, a global observance promoted by the United Nations, aims to address. Black women earn only 65 cents for every dollar made by non-Hispanic white men in comparable roles, according to the National Women’s Law Center, and the gap widens when comparing earnings between women of different races. Black women earned about 84% of what white women earned in 2024, according to NWLC data. 

Performance review goes left

In Deberry’s case, the problematic performance review cited Deberry’s “exceptional performance” in the past, yet still rated her as merely “meets expectations,” a third-tier rating that falls below “exceeds” and “exceptional” and represents a downgrade. Crystal Park, chief marketing officer hired after the departure of Smith-Johnson, handled the in-person review.

Park allegedly cited anonymous feedback that had not been shared with Deberry in advance, while simultaneously acknowledging that this feedback was inconsistent with her own observations and experience working with Deberry. When Deberry raised concerns about potential bias and retaliation, the complaint alleges, Park became “openly hostile.”

Park allegedly told Deberry that Horizon, as a private company, “was not bound by the same rules as a public company” and that CEO Koenigsberg was entitled to treat employees however he chose, given his ownership stake. Park also said one reason for Deberry’s lowered rating was the concerns she had previously raised about biased treatment.

When Deberry requested a reevaluation in accordance with company policy, Park failed to upload the evaluation or respond to the reevaluation request, according to the complaint.

Then, on Sept. 15, Horizon announced the hiring of a new senior vice president, a white woman hired internally to assume what the complaint describes as a “lateral partner” role to Deberry.

The position absorbed several functions previously handled by Deberry, but came with a publicly posted salary range of $230,000 to $500,000, which exceeds Deberry’s current salary. The complaint alleges the new SVP is less experienced than Deberry and has fewer educational credentials and industry recognitions.

The allegations could violate New York and California labor rules, which hold companies accountable for wage disparities even without proof of intentional discrimination. The hiring of a white executive at significantly higher pay provides “clear evidence of intentional disparate treatment” against Deberry, according to the complaint.

The allegations of retaliation are key too. Federal employment laws, including Title VII of the Civil Rights Act, protect employees from retaliation for filing discrimination complaints. 

​​Retaliation claims, in fact, have become the most prevalent form of job discrimination complaint, accounting for 47.8% of all charges filed with the Equal Employment Opportunity Commission in 2024, a noticeable increase from 38.1% just over a decade ago. 

Still, recent Supreme Court decisions have made these cases harder for plaintiffs to win. The Court’s 2013 ruling in University of Texas Southwestern Medical Center v. Nassar established that people alleging discrimination must prove the alleged retaliation would not have taken place without their actions. 

RELATED: Black executives hit world’s largest independent media agency with lawsuit

The original lawsuit filed by Deberry and Smith-Wilson described a company that did not honor its public commitments to diversity and inclusion, but instead masked discrimination. Smith-Wilson, described as the highest-ranking Black woman in Horizon’s 36-year history, was terminated in what the company characterized as a restructuring but was replaced within weeks by someone filling a newly created position with similar responsibilities.

Laws have shifted the burden of proof in these cases and companies are required to justify differences in pay rather than workers being required to prove intentional discrimination. 

“Remarkably, rather than trying to remediate its pattern of discrimination and retaliation, the company has dug in its heels and escalated both the inequality and retaliation that Ms. Deberry must live with every day,” lawyer Anne Clark, who is representing Deberry and Smith-Wilson, told Black News & Views. “This conduct is driven by the most senior executives in the company. We look forward to presenting this substantial evidence supporting these claims to the court,” added Clark, who works with Vladeck, Raskin & Clark.

The Horizon case arrives as media and advertising agencies face increasing scrutiny over diversity and inclusion practices. Publicly, the industry has publicly embraced DEI initiatives, with agencies competing to demonstrate their commitment to equity through certifications and marketing campaigns. Yet the lawsuit suggests a potential disconnect between public positioning and internal practices.

The pay equity allegations are relevant because companies grapple with increased transparency requirements. Several states have enacted pay equity laws requiring salary ranges in job postings, while corporate stakeholders increasingly demand evidence of equitable compensation practices.

For Horizon, a company that has built part of its brand identity around the slogan “DEI is our DNA,” the allegations pose both legal and reputational challenges. For employees like Deberry, who remain at companies while pursuing legal action, the dynamic creates challenges. The complaint suggests she continues to face an increasingly hostile work environment, with the added burden of gathering evidence while trying to maintain professionalism.

Horizon Media has not yet filed a response to the original 60-plus-page federal lawsuit or the amended filing. In a public statement, the company said it “categorically rejects” the discrimination and retaliation allegations brought by the current and former marketing communications executives and is prepared to “vigorously defend” against the claims in court.

The two executives are seeking financial compensation and punitive damages, along with injunctive relief in which the company would be ordered to change its behavior.