Los Angeles Sexual Harassment Lawyer Blog

House v. Interline is a recent Circuit Court case that discusses the intricacies of Orange County sexual harassment cases.

Our Orange County sexual harassment attorneys understand how difficult these cases can be, and we will concentrate on getting you the justice you deserve.

Tracette House (House) was an employee of Interline Brands, Inc. (Intraline). House had a habit of violating Intraline's attendance policy by being late or absent from work. Finally, Intraline terminated Houses' employment. A month after this termination, House filed a complaint with the Equal Employment Opportunity Commission (EEOC) claiming that she had been the victim of sexual harassment, sexual discrimination, and "retaliation in connection with her employment at Interline." House alleged that she was terminated because she refused the sexual advances of two Intraline employees. Upon the receipt of this complaint, EEOC issued letter indicating that House could sue Intraline. House sued Intraline and the lower court granted a summary judgment motion on behalf of Intraline.

When filing a claim for sexual harassment, you are required to prove specific elements of your case. The plaintiff must prove that she belongs to a protected group, that she was the victim of unwelcome harassment, the harassment was on the basis of sex, by refusing the unwelcome harassment the plaintiff suffered a tangible job detriment and that the employer can be held liable on some grounds.

Therefore, the court in this case notes that in order for the plaintiff to win her sexual harassment case, she was required to provide material evidence of each of the five elements listed above. When a plaintiff fails to provide evidence that could convince a reasonable jury of her contentions then a summary judgment on behalf of the opposing party is usually granted.

Summary judgment is where the court decides on the case before the trial is over. It is provided by the court after there is adequate time for discovery and the presentation of evidence, and when the plaintiff fails to prove the critical elements of their case. The only way a party can defeat the entry of a summary judgment is by citing material that is in the court record to support their case.

In attempting to defeat a summary judgment from the court, the plaintiff in this case presented extensive evidence in the form of doctor's notes, company employee handbook, timesheets, etc. However, the court said that the evidence the plaintiff presented was flawed because it did not support any of the five elements plaintiff needed to prove.

On the other hand, Intraline presented affidavits and deposition testimony as evidence that House had never been sexually harassed. Also, through the presentation of timesheets and company records it was established that the plaintiff had been terminated because she had been chronically late or absent from work. Furthermore, Intraline provided the testimony of several former co-workers of House that stated that she tried to persuade them to lie to the court regarding the facts of this case

Because plaintiff failed to prove her case, and because the court felt that this claim was "fabricated;" the Fifth Circuit Court of Appeals entered summary judgment on behalf of Intraline.

Continue reading "The Law Surrounding the Proof Required in Sexual Harassment Cases Discussed in House v. Interline " »

Pasadena sex crimes have been filed against a man who used to run a boot camp intended for juvenile delinquents.

Our Pasadena sex crimes defenes attorneys understand that a 42-year-old, who went by the name "Sgt. Mac," has been accused of raping two teenage at the camp back in 2004.

Specifically, he has been charged with five felonies - lewd act upon a child, unlawful sexual intercourse, oral copulation of a person under the age of 16, penetration with a foreign object and forcible rape. The girls were reportedly 14 years-old at the time of the alleged assaults, which reportedly happened in December and March of 2004.

These are obviously serious crimes, and under California Penal Code 288 and 289, he is facing a 15-year prison term if convicted. For right now, though, he's being held on almost $300,000 bail.

What we don't know yet is whether these allegations are related to the so-called sergeant's work at the boot camp. However, he has been charged in a separate case of abuse in which he reportedly handcuffed a high school student who was truant, showed her a badge and told her she would be arrested if she didn't enroll in his school. Prosecutors say he extorted $100 from her family. In that case, he's facing allegations of false imprisonment, kidnapping, child abuse and extortion, and faces 12 years in prison on those charges.

Boot camps for teens often use a style of discipline that mirrors the military. The goal of these camps is supposed to be character-building and turning troubled youth away from crime, alcohol and drugs. Sometimes, young people are court-ordered to enroll.

But this camp - and others - have come under fire for their harsh tactics. Two years ago, video of this boot camp was leaked to a local newspaper. One reportedly shows a number of instructors in fatigues shouting at a young boy who is wearing a car tire. He falls down, but is ordered to stand. In another, both boys and girls were ordered to drink from plastic bottles, causing them to vomit.

What's important to remember in this and all rape cases is that the charges often sound scandalous, but we won't know what really happened until the facts come out in court.

For someone charged with Pasadena sex crimes, it's an overwhelming ordeal. By hiring a skilled Pasadena criminal defense attorney, you're giving yourself the best possible chance for a favorable outcome.

There are a few different tacks that a defense attorney can take when defending against rape.

The first of those is the possibility of a false accusation. This is unfortunately more common than one might think. An individual such as this sergeant might be especially vulnerable to a false allegation because he worked with youth and was likely unpopular. But even if his tactics were harsh - even if he was a jerk and his boot camp was ineffective - that doesn't make him a rapist. Many individuals are falsely accused of rape.

Another possible defense is consent. Now, this might not matter if the victim is under a certain age, but it's often an issue in adult rape cases.

Other times, something we will want to explore is the possibility that the prosecution simply doesn't have enough evidence to prove the allegation. Let's say there's no DNA, no witnesses (aside from the alleged victim), no other physical evidence - there's a good chance those charges may be dropped.

And lastly, we might look at whether this was a situation of mistaken identity. In this case, what if it was dark or the lighting was poor? If the alleged assaults did occur at the camp, where numerous staffers were wearing the same military fatigues, how can they be sure it was the sergeant, and not someone else?

Continue reading "Pasadena Sex Crimes Alleged Against Boot Camp Sgt." »

A panel of appellate court judges have upheld a ruling in favor of the defendant - in this case the Department of Corrections - in a California sexual harassment suit.

Our Los Angeles sexual harassment lawyers are of course disappointed anytime a victim of sexual harassment is on the losing end of a trial. On the other hand, we realize how difficult these cases can be to prove in court. At our firm, we apply our years of experience in this field when taking on a case. While no attorney can guarantee you a courtroom win, we can promise that our skilled lawyers will scour the details of your case - including phone, financial, computer and witness statements - to ensure you will have the best possible chance.

In this case, Manuel v. Department of Corrections and Rehabilitation, the situation involved a female prison captain, who had worked at the facility since 1979, and a warden who was appointed to his post in 2005. The captain said she was fired after complaining about the hostile environment she endured as a result of sexual harassment from the new warden.

She sued the state's department of corrections, which ultimately won at trial, and the appeals court has just held that the former captain had not sufficiently proved her case.

According to the complainant, the sexual harassment took place shortly after the warden started. The first incidents began happening at executive staff meetings, when the warden reportedly sat close to the captain, making it so his arm would touch hers and whispering various (non-sexual) comments in her ear.

After that, as part of the warden's vetting process, confidential interviews were conducted with high-level staffers. After the captain's interview, she claims the warden cornered her in a hallway and asked what she had said. While she said he didn't threaten her, she was intimidated by his size.

A few months later, the captain requested the warden's contact information to be used for professional purposes. He reportedly responded that he had a special number for her, and gave her not only his cell number, but also a hotel number.

A few weeks later, he reportedly approached her from behind and placed his hands on her shoulders, and guided her out into the parking lot to talk about a class they were both taking.

The captain said that on multiple occasions, the warden invited her to have alcoholic beverages with him, which she repeatedly declined.

Then late in that year, she said, is when the retaliation began. These included allegations that she had failed to take a drug test and other false allegations, which she says the warden knew were untrue and yet did not stand up to defend her.

She then reported the harassment to the department, and additionally filed a complaint with the California Department of Fair Employment and Housing.

She was ultimately fired.

However, an internal investigation by the prison suggested that she was fired for falsifying documents in relation to a riot that happened among prisoners. The agency claimed there were conflicted statements about what had happened, and the captain's reports didn't accurately reflect the events as they occurred.

However, whether this incident was properly documented should have no bearing on the alleged actions of the warden. It in no way gives him permission to act as he allegedly did.

In the end, the appeals court decided she had not proved that the actions taken against her were the direct result of the harassment she claimed to have suffered.

Continue reading "MANUEL v. DEPT. OF CORRECTIONS AND REHABILITATION: Ruling Stands" »

It's true that the majority of Orange County sexual harassment claims originate from issues in the workplace.

However, our Orange County sexual harassment attorneys are beginning to wonder if that's only because young students don't typically have the resources to file sexual harassment suits - or maybe their parents just don't realize what's happening.

According to a survey conducted by RTI International, students in the seventh-grade are experiencing alarming rates of sexual harassment and sexual violence at the hands of their peers.

In fact, of the more than 1,400 students, the majority of whom were 12 years-old, who were questioned, about half said they had experienced some form of sexual harassment within the previous six months. These acts included actions such as being pinched or grabbed or being the target of sexually-motivated "jokes."

Sexual harassment is considered a form of discrimination, and both federal and civil laws protect individuals from being subjected to it. Under federal law, it's outlined in Title VII of the 1964 Civil Rights Act. It holds that employers (namely, public employers, labor unions and employment agencies) are responsible for stopping and preventing sexual harassment on the job. California's Fair Employment and Housing Act essentially requires the same.

So if you work in a school district and are harassed by a teacher, that's covered. And if the aggressor happens to be a teacher or other school staff member, a recent ruling in Santa Clarita - C.A. v. William S. Hart Union High School District - allows that a student can sue the district when the school has failed to protect a student from those advances.

But if you're a student and you're aggressor is another student, the law is less clear. However, that doesn't mean you or your child don't have options.

The first thing you should do is consult with an experienced Orange County sexual harassment attorney. He or she can help you sift through the facts of the case and determine your best course of action.

Young teens are just beginning to awaken to their own sexuality, and many are often not instructed on how to behave appropriately. But that does not excuse the behavior or mean that you or your child should have to suffer it. In situations in which the teacher or school district has refused to take action to eliminate these unwanted advances that create a hostile learning environment, it becomes even more important to retain the services of an attorney.

The RTI study also took it a step further to analyze dating violence among seventh-graders, and discovered that, too, was occurring at an especially alarming rate. While 75 percent of these 12-year-olds reported having already had a boyfriend or girlfriend in the past, about 1 in 6 said they had suffered some form of violence from that person. More than 30 percent said they had been harassed by a romantic interest via social media channels, such as Facebook.

Continue reading "Orange County Sexual Harassment Among Students: A Growing Phenomenon" »

Orange County sexual harassment attorneys have been closely following a case involving a Minnesota school district accused of overlooking sex-based harassment among students.

While those who have alleged discrimination or sexual harassment in Orange County ultimately have the protection of the California's Fair Employment and Housing Act, often those guidelines are viewed as solely related to workplace activities and housing considerations. It provides that a person can not be harassed or discriminated against on the basis of gender, pregnancy, race or sexual orientation.

This case in Minnesota basically takes aim at bullies in schools who target gay, lesbian, bisexual and transgender students - creating what essentially amounts to a hostile learning environment for some children.

Here's what The Los Angeles Times is reporting:

The Anoka-Hennepin school district, located in a suburban Minnesota town, has come under fire following a spate of suicides by a number of gay teens - in fact, nine in all.

Since 2009, the school district had a policy called "the neutrality policy" that required teachers engaged in classroom discussions about gay issues to remain neutral. Opponents had said this fostered an anti-gay sentiment within the district. Those who supported the measure said it prevented gay activists from "recruiting" students into what they considered a risky and dangerous lifestyle choice.

In late 2010, the U.S. Justice Department and U.S. Department of Education stepped in and began investigating complaints of anti-gay bullying in both the high schools and middle schools.

A federal lawsuit was ultimately filed against the district on behalf of six student plaintiffs, alleging the district had not done enough to protect gay students - or those who had been perceived as gay - from harassment and bullying. They suffered from what they said was a hostile, anti-gay environment.

Last month, the district's board voted to rescind its neutrality policy (with one board member dissenting). One parent even went so far as to say that not only was that move a disappointment, but that this would open the floodgates to homosexual propaganda within the schools.

Now, the board has voted to accept a settlement that will not only pay $270,000 among those six students, as well as take more proactive measures to protect students. Those include hiring experts in sex-based harassment to look over the district's policies and procedures and bringing on mental health experts who will work with bullying victims. Additionally, both the Justice Department and the Department of Education will be monitoring the district for the next five years to ensure it is following through with all the terms of the settlement.

The lone dissenting board member resigned in protest.

U.S. Attorneys General in Minnesota hailed the settlement as the most detailed agreement that the Justice Department has reached with a school district on the issue. They added that harassment and bullying in schools is something that no young person should have to endure - particularly on the basis of his or her sexuality.

Continue reading "Orange County Sex-Based Harassment in Schools: A look at a Minnesota Case" »

He was a fire chief who became a ballroom dance instructor. In both roles, he has been accused of sexual harassment in Orange County.

Our Orange County sexual harassment attorneys are dismayed to learn that an individual who acted inappropriately toward adult employees was then placed in a position of trust as a dance instructor working with children.

According to The Orange County Register, the 53-year-old suspect has been arrested on a charge of child annoyance, after he reportedly sent sexually explicit text messages to a student, who is 15. In the past, he was accused of sexual harassment toward a younger female paramedic.

The newspaper reports that the defendant, of Cerritos, used to be the fire chief at La Habra Heights Fire Department. While in that role, a paramedic sued the city, saying she suffered repeated gender discrimination and sexual harassment, as well as libelous comments - all from the defendant.

In her civil complaint, which was filed in 2008, the paramedic reported that the chief sent her some form of communication, apologizing to her for "making her feel bad," saying he would make it up to her by "making her feel good," with a promise to make her feel "Like you have never felt before." It ended with the plea: "Love me."

The complaint also details how the chief often talked about his private life and sexual ventures. He even once asked her to rendezvous with him at a local hotel to engage in sexual activity.

The chief, who had worked with the department since 2002, resigned at the end of 2008. By the following summer, the city reached a confidential settlement agreement with the accuser. An insurance company check was made out to the accuser in the amount of nearly $400,000.

After that, the former fire chief landed a job working as a part-time dance instructor at a Santa Ana public charter school, where there are more than 1,500 students attending middle and high school from dozens of cities throughout Southern California. School officials say they conducted a background check, but found nothing that would have raised any red flags. During that time, he met the 15-year-old student, and court records indicate that he worked to gain her trust.

Then, starting last fall, he reportedly began sending sexually suggestive text messages. He texted her details of his personal life and his romantic relationships. He then asked if she would be his girlfriend.

The texts weren't discovered until other students began to comment that the relationship between the two was odd.

The school subsequently placed him on leave and he was ultimately fired in mid-January.

Under California Penal Code 647.6, a charge of child annoyance is a misdemeanor. The maximum penalties he faces in the criminal case are 1 year in jail and lifetime registration as a sexual offender.

Our Orange County sexual harassment attorneys hope that this individual's next employer does a more thorough background check, as everyone deserves the right to work and study in a harassment-free environment.

Continue reading "Orange County Sexual Harassment Case Involves Repeat Offender" »

A petition is circulating among students at the University of California Berkley, demanding the termination of an administrator who violated the schools' sexual harassment policy.

Our California sexual harassment attorneys are encouraged that students feel emboldened to stand up to this issue. In fact, more than 160 signatures - and counting - have been collected.

The school's former assistant vice chancellor, Diane Leite, was recently demoted and had her pay slashed after it was discovered that she approved raises for an employee that she was sexually involved with.

And it wasn't just a single pay increase either - it was five. In fact, over a two-year time frame, she bumped the employee's pay from $78,700 to about $110,200.

While this case may not rise to the level of a civil lawsuit, the fact that a boss is sexually involved with a subordinate can certainly open the door for a California sexual harassment case. Even if a relationship appears consensual, it can leave a wide swath of gray areas and lingering questions. For example, did the employee feel he had to consent to a sexual relationship in order to receive the raises?

No such allegations have been raised, but the administrator opened herself up to them by not acting appropriately when an intimate relationship with a subordinate evolved.

While it is not against California law for a boss to be romantically involved with a subordinate, the University of California is smart to have implemented a policy that forbids it, in order to protect itself from potential litigation.

According to that policy, once the former chancellor established a romantic relationship, she had a responsibility to remove herself from a position of any decision-making regarding the career of her beau.

Because she violated that policy, Leite was moved to a research development office, and her pay was decreased from $188,500 to $175,000, according to The Daily Californian, the student newspaper. University officials have characterized the action taken against Leite as "severe," especially considering that she had worked at the school since 1982.

Many students, however, feel that isn't enough, especially considering the school's policy allows for termination when someone clearly violates the rules. The petition urges that such an egregious ethics violation should not be overlooked by the student body, and that such "corruption" shouldn't be tolerated.

Both Leite and her love interest had gone through the school's sexual harassment training multiple times - so it was not as if they weren't aware of the policy. What's more, it's alleged that Leite put pressure on another employee to rubber stamp pay increases for the person with whom she was involved. When that employee protested, saying the subordinate had not earned such a raise.

State Senator Leland Yee, D-San Francisco, has been quoted as saying that the punishment is insufficient and in no way serves as a deterrent to future cases.

Continue reading "California Sexual Harrassment: Bosses, Subordinates and the Law" »

It's telling that several times throughout Britney Spears' bodyguard's claims of sexual harassment in Los Angeles, the media repeatedly termed the case "bizarre" and "weird." One even went so far as to call the complainant a "pest," and the recent settlement a "pay-off."

Our Los Angeles sexual harassment attorneys can't help but think that the reason it was deemed so odd - and the accuser treated so harshly - is because usually, sexual harassment cases involve women filing suit against men. When it is the other way around, there is a tendency to assume the claims aren't real, or worse, that the male victim should actually be happy that it's happening.

Of course, that's ludicrous on all counts, but it is that stigma that often prevents male victims from coming forward to make a legitimate claim. It goes to show how far we still have to go as a society in recognizing that sexual harassment exists in a wide range of circumstances.

For example, imagine the following circumstances were brought to light by a female regarding her male employer:

• The boss exposes himself to the female employee;
• The boss invites his female employee into a room where he is standing naked;
• The boss calls the female employee a homosexual slur for refusing sexual contact;
• The boss routinely failed to wear underwear - and made it obvious to the female employee and others;
• The boss ensured that a female employee would encounter him having sex with another person.

Any one of these would be taken as a very serious matter in that light. The fact that those are the allegations made by a male employee against his famous female boss should make them no less serious.

Further bolstering the claim of the 31-year-old complainant is that he is a former law enforcement officer.

The lawsuit, which was filed in the summer of 2010, was just settled earlier this month. The details of that settlement, however, have not been disclosed.

Several of Spears' guards reported they were fearful of being targeted by her sexual advances, but this one in particular appeared to catch the brunt of it. A friend of the complainant was quoted as saying that he wanted to be a good body guard, but the situation ultimately became unbearable.

What was also interesting in this case was that the complainant, in his court document, listed reasons why he was not interested in pursuing a sexual relationship with Spears. Those reasons included that she had "obnoxious" habits, such as smoking like a chimney, and that she constantly broke wind, swore loudly and often and did not practice proper hygiene habits, including bathing, brushing her teeth or wearing shoes. He also believed she was under the influence of both drugs and alcohol.

We say this is interesting because a female complainant would not have to explain why she would not want to have sex with her male employer. It would simply be understood that unwanted sexual advances of any sort are inappropriate.

Continue reading "Britney Spears' Los Angeles Sexual Harassment Case Highlights Gender Bias" »

Controversy is becoming El Camino College's middle name, following its recent settlement of a second California sexual harassment case and its fourth that has been filed within a year.

Our El Camino sexual harassment attorneys know that one case is often enough to tarnish the reputation of an esteemed university. Four seemingly signals an epidemic.

In fairness, two of those cases resulted in victories for the university when they went to trial. The other two, however, have been settled by the university for between $750,000 and $2.5 million.

Both of the latter cases, according to The Contra Costa Times, reportedly involved the same, 75-year-old individual.

Sexual harassment in a California workplace is a form of discrimination under the California Fair Employment and Housing Act. It's also illegal under Title VII of the 1964 Civil Rights Act, and retaliating against someone for refusing to submit to sexual advances in the workplace is also illegal.

Some of the quid-pro-quo situations are fairly straightforward, i.e., "Sleep with me or I'll fire you." Other situations, though, are more nuanced. For example, you file a complaint about harassment and you subsequently are forced to take an unexplained leave of absence, although the person you accused continues to work. Retaliation can also take the form of reassignment or demotion.

In the El Camino College cases, the violations appear to be quite blatant.

In the most recently-settled case, a 53-year-old administrative assistant filed a complaint that for six years, between 2004 and 2010, the ex-vice president and dean of the school started at her chest, touched, kissed and groped her and demanded she have sex with him or face a poor job evaluation or even firing. When she refused his overtures, he reportedly responded by yelling at her, taking work away from her and criticizing her work.

She was awarded $750,000.

Another woman, who has since left her position as a secretary at the school, also alleged extreme harassment at the hands of the same individual. The details of her case were even more alarming. According to her, the administrator raped her in his locked office, and offered her hundreds of dollars for sex. She was ultimately awarded $2.5 million.

The administrator in the case, who no longer works for the university, flatly denied the claims, saying the he did have a sexual relationship with his 34-year-old secretary, but it was consensual. At the time of his retirement in 2010, he had been at the school since 1975, and was earning a yearly salary of more than $140,000. He was even inducted into the school's Athletic Hall of Fame.

Given his clout within the college, it's easy to understand why two subordinates would believe him when he reportedly said he was in good with the union president, so it would be pointless to utter a word of any of it to anyone.

The two other cases that went to trial involve a discrimination case by a former female dean who alleged she was a victim of the school's "good old boys" club that stunted her career advancement and a professor who said she was pushed out for taking too many days off following a sexual assault she said was perpetrated on her by a former dean several years ago.

Continue reading "California Sexual Harassment Cases Plague El Camino College" »

This is a time of serious struggles. Finding a job is critical to acquiring health insurance, money for food, gas, electricity; basically, everything. Because there is so much competition in this current job market, employees fear that they can easily lose their jobs. Although these fears are understandable, people cannot allow themselves to be mistreated in their workplace.

Our Los Angeles sexual harassment attorneys understand the struggle so many people are facing, and we are here to fight for your rights if you have been harassed in your workplace.

Dulaney v. Packing Corp. of America, et. al. is an recent appeal from a district court granting summary judgment to an employer in a sexual harassment case. This case involves a company, Packing Corp. of America ("PCA"), which is a manufacturer. It serves to illustrate the intricacies involved in Los Angeles sexual harassment and wrongful termination cases.

This appellate court discusses a very common defense used by employers in these sexual harassment cases, the Faragher-Elleth doctrine. This doctrine protects an employer where they are sued because of the harassment of an employee by a manager. It requires a nexus between the employers' actions and a tangible change in the employment of the employee. Additionally, the court says it must observe the care the employer took in preventing and resolving and harassment as well as the employee's acts to use corporate safeguards in instances where this is occurring.

Defendant had a mostly male staff in their Roanoke, Virginia facility. There was no employee on duty with a managerial job title although there was an employee who acted in a managerial capacity. Bobby Mills had the authority given to him by his superiors to assign work, send employees home early from work without pay, and discipline employees in accordance with the company disciplinary structure. This disciplinary structure required Mills to assess points to employees who misbehaved. Mills was also tasked with reporting employee complaints and misconduct to the company's management. Furthermore, Mills had sole access to the administrative section of the office during this second shift.

PCA had a general practice of hiring temporary hourly employees but offering them permanent employment after a certain amount of hours was worked. Plaintiff was hired as a temporary glue helper on the second shift in this Virginia facility. Seeking to advance, plaintiff discussed with Mills the possibility of her becoming a permanent employee. Although PCA claims Mills was not working in a managerial capacity, he ultimately extended an offer on behalf of PCA for permanent employment to Dulaney.

Once plaintiff was a permanent employee, Mills told plaintiff that he would make her life "hell" if she did not engage in sexual conduct with him. Fearing she would lose her employment, Dulaney assented and began to have sexual relations with Mills within the workplace. These encounters occurred within the sections of the facility that only Mills had access. Mills allegedly threatened plaintiff indicating that if she ever failed to cooperate with his sexual requests he would scream at her, spread rumors about her and interfere with her work. On instances when plaintiff refused Mills, she was sent home early without pay.

Subsequently, Mills began to spread sexually explicit rumors about the plaintiff which plaintiff argues made her co-workers mistreat her. Because of this increasingly unproductive environment, Dulaney reported these harassing actions to Mills' direct supervisor. This supervisor, Donnie Woodward, responded to plaintiff indicating that she should be careful because she was "replaceable." He threatened to fire plaintiff if she reported these things to his supervisor.

After significant time in this uncomfortable situation, Mills was fired. Unfortunately plaintiff was ostracized and bullied by her co-workers leading her to seek employment elsewhere. There is significant dispute surrounding the severance agreement.
Plaintiff then sued PCA and Mills for gender discrimination and sexual harassment and sought to hold them jointly and severally liable for compensatory and punitive damages.

PCA asserted the Faragher-Elleth doctrine which provides a defense for a company in cases of supervisor harassment if: if the employer exercised reasonable care to promptly correct any acts of sexual harassment and it can be found that the plaintiff unreasonably failed in taking advantage of the corporate safeguards available to avoid this type of harm. In determining whether this defense is available to an employer, the court must first evaluate whether the plaintiff suffered a "tangible employment action." This is often defined as a hiring, firing, failing to be promoted, reassignment, or a decision causing the employee to have a significant change in benefits.

The court here held that based on the facts it appears that the plaintiff was in fact fired because the conditions were made so that she could not continue to work at PCA. Therefore, it is sufficient where there is a nexus between the harassment and the tangible employment action.

Therefore, because there was still a dispute of fact surrounding the break of employment with PCA, this court found that summary judgment was inappropriate and the case should be reheard by the lower court.

Continue reading "Dulaney v. Packing Corp of America Sheds Light on What Qualifies as a "Tangible Employment Action" " »

The California Supreme Court has upheld a ruling by a lower court that gave students the right to sue school districts when they have suffered sexual harassment or sexual abuse by employees.

Our Orange County sexual harassment lawyers are pleased that the courts sided with students, which will help hold districts accountable when children are targeted by predatory employees.

School districts have a responsibility to keep students safe from sexual harassment in Orange County and throughout the state. Sexual harassment law, as defined in California Penal Code 1604.11, specifically deals with workplace harassment. The law essentially says that employers can be held liable for sexual harassment between employees if the employer knew or should have known about it, but did nothing to intervene.

Of course, schools are workplaces, so teacher-to-teacher or administrator-to-teacher harassment would certainly fall under the law's purview. Students, however, should be afforded even greater protections because often, the abuser is coming from a unique position of power.

In this case, C.A. v. William S. Hart Union High School District, the minor child sued the school district for damages following alleged sexual harassment and abuse from a school guidance counselor.

According to the suit, the victim, identified only as C.A., said that he was sexually harassed and abused by the head female guidance counselor when he was 14 and 15 years-old from January 2007 to about September 2007. The guidance counselor, under the premise of helping the student, began driving him home. Eventually, this led to her touching and hugging him, and eventually advanced into more egregious violations, including masturbation, oral sex and intercourse.

The plaintiff in the case alleged that the district either knew or should have known what was going on. If it did not, it was due to a lack of supervision and failure to have in place sexual harassment and abuse guidelines to protect students.

The school argued it wasn't responsible because the acts in question occurred off school grounds.

The court, however laid out that school administrators have a responsibility to take what would be considered reasonable measures to protect students from abuse and harassment from "foreseeable sources," which include counselors or teachers that they know or have reason to think might be perpetuating such abuse.

An attorney for the district says the ruling is going to expose districts to lawsuits that can be filed regardless of whether such allegations are true. He argued that the ruling is likely to interfere with the state's ability to educate students.

Our Orange County sexual harassment attorneys would point out: How can a student focus on any form of quality education if he or she is being harassed or abused?

Continue reading "Orange County Sexual Harassment Victims Can Sue Schools: C.A. v. William S. Hart Union High School District" »

Sexual harassment in Los Angeles is not relegated solely to the private sector.

Unfortunately, as our Los Angeles sexual harassment attorneys are aware, the military has become notorious for turning a blind eye to sexually abusive behavior within the ranks.

Perhaps even more frustrating for the victims, even when such incidents are reported through the proper chain of command, is that internal investigations frequently find little or no fault.

There is reference in police work to "the thin blue line." That's the phrase used to describe the tendency of officers to cover for their own - even when it's another of their own that has been harmed. It's the same in the military, perhaps more so, and justice is often elusive.

Now, some California lawmakers are petitioning to have military sexual harassment and sexual abuse cases tried before an impartial, third-party court.

U.S. Rep. Jackie Speier, D-California, called for such a measure the same week that eight former and current military members filed suit against the military, alleging they had been assaulted, raped or harassed while serving, and were subsequently singled out by superiors after reporting the incidents.

Speier said the system is broken, called the threat of sexual assault in the military an "epidemic" and said there is a code of dishonor that punishes victims and protects rapists.

The Pentagon, on the other hand, insists that it has a zero-tolerance policy for harassment and sexual abuse. At the end of last year, a new policy was announced that allowed those who had filed complaints of harassment or assault to quickly transfer into a new unit to avoid retaliation.

But Speier and others say that isn't enough. Alarming statistics indicate that by the Department of Defense's estimates, nearly 20,000 service members were sexually assaulted or raped in 2010 alone. What's more, less than 15 percent actually report those incidents. Of those, less than 10 percent are prosecuted and a miniscule amount are convicted.

She cited as an example the case of a female Airman First Class who was reportedly raped by a co-worker who broke into her room in 2009. The alleged perpetrator was supposed to go before a court martial, but a superior officer canceled the hearing. The victim was eventually transferred to another unit, but suffers from major panic attacks.

For the eight women who filed the lawsuit, a spokeswoman says they have suffered anxiety, depression and post-traumatic stress disorder. One even attempted suicide.

Los Angeles sexual harassment attorneys believe that everyone deserves to work in a place free of harassment and abuse. The fact that a superior wears a badge or a uniform should make no difference. Military members are expected to put their lives on the line in combat zones. They shouldn't face a war zone within their own units.

Continue reading "Sexual Harassment in Military Targeted by Los Angeles Lawmakers" »

A physician assistant has been awarded $168 million in her California sexual harassment lawsuit - believed to be the largest award ever in such a case.

Our Los Angeles sexual harassment attorneys applaud the jury's decision to send a clear message that such behavior should never be tolerated in the workforce.

According to the Los Angeles Times, the jury sided with the assistant by ordering her former employer, Mercy General Hospital in Sacramento, to pay $42.7 million for mental anguish and lost wages and $125 million in punitive damages, or basically, to punish them.

The assistant reportedly had worked for a number of hospitals on the East Coast and in California before landing a position at Mercy, which is a branch of Catholic Healthcare West. She told a jury that while it was not uncommon for surgeons in the cardiac field to be somewhat vain and engage in what she termed "locker room humor." But this, she said, crossed the line into intimidation, bullying and retaliation - on top of the sexually inappropriate behavior.

She started the job, working with heart surgeons, in late summer of 2006. Within two years, she was fired after filing the last of 18 complaints regarding the doctors' inappropriate behavior, as well as patient care issues.

According to her testimony in U.S. District Court, one surgeon in particular targeted her relentlessly. According to her, the surgeon one time stabbed her with a needle and would repeatedly greet her in the morning by slapping her on the bottom and saying, "I'm horny." In another instance she recalled, that same surgeon broke the ribs of a patient who was under anesthesia because the surgeon was angry.

Another doctor reportedly called her a "stupid chick," demeaned her heritage and asked if she was joining the terrorist network, Al Qaeda.

Superiors at the hospital said that it was actually the assistant who was the problem. While a trial court did find her guilty of professional misconduct (which was the basis for her firing and subsequently, a denial of her unemployment benefits). The circumstances of that aren't clear. However, what we do know is that there is nothing an employee can do that will excuse sexual harassment from another party.

A Los Angeles sexual harassment attorney was quoted as saying that jurors were shocked by the entire workplace environment. Over the course of the trial, which spanned three weeks, a number of witnesses described a culture in which female employees were regularly denigrated.

Witnesses said because cardiac surgeons typically made the most money for the hospital, administrators were more willing to look the other way when it came to illegal behavior.

Sexual harassment laws are outlined in California Penal code 1604.11. Under the statute, an employer can be held liable for sexual harassment when they knew or should have known what was going on, and did nothing to stop it.

Continue reading "California Sexual Harassment Case Garners $168 Million Verdict" »

A recent case out of Washington D.C. shows us that sexual harassment in Los Angeles is not simply a problem at work.

While most of the cases stem from some kind of situation with an employee who is harassed by a co-worker or supervisor, this isn't the only place it can happen. Los Angeles sexual harassment lawyers recognize that sexual harassment is sometimes as much about power as it is sex.

There are people in power who have influence over others' lives, not only at work, but also in government, private businesses or in consumer settings. Workplace harassment perhaps is most common because people are working together on a daily basis and supervisors hold power over the training, promotions, assignments and other facets of a worker's life.

In this case, women's groups in Washington D.C. are fighting back against sexual harassment on the District's subway system. They say that sexual harassment is happening on buses and trains. They say that women have been harassed by other passengers and workers did nothing to stop it. In some situations, the employees themselves were doing the harassing.

Women reported being groped by strangers and reporting it to employees, who laughed off the allegations. A local group created a website that began to document incidents of sexual harassment on the public transportation lines.

Advocates are now asking for more training for employees, a public service campaign to try to stop it and a better database to record instances of sexual harassment. Groups recently testified before city council to try to address the issue.

Metro leaders have said most of their training deals with employee-to-employee issues. Leaders said that people simply giving leering looks isn't a violation of law and comments about a person's looks aren't arrestable offenses. Still, they encourage people to report these things to transit workers.

Some advocates believe that there is a difference between flirting and harassment and that can lead to a person feeling uncomfortable if the advances are continuous. That's when workers should be called on to step in.

Los Angeles sexual harassment lawyers believe that businesses and government entities should be held liable for these types of situations. Sexual harassment can make a person feel unsafe. When it's in a public transportation station, they can feel even more uncomfortable and vulnerable. There should be protections to stop this type of behavior.

Being a victim of sexual harassment can lead to emotional turmoil on top of the issues of feeling victimized and violated. In a workplace, it can cause lead to a major life disruption if a person must now consider finding new employment. In public, it can lead to a sense of mistrust and frustration. This type of situation is inappropriate and unlawful. These victims require strong legal representation at every stage to try to right these wrongs.

Continue reading "Sexual Harassment in Los Angeles: Can Happen At Work, In Public" »

A restaurant in Chicago is being sued for sexual harassment after 19 female employees claimed they were subjected to sexual harassment at work, the Chicago Tribune is reporting.

Many restaurants throughout the nation have built up their business not necessarily on the quality of their food, but rather their atmosphere. Hooters, for example, is famous for short shorts and tight shirts, as well as their wings. Other local businesses have seen the success they can have with this type of set up.

But where is the line between sexual harassment in Los Angeles and a sexy working atmosphere? Los Angeles sexual harassment lawyers believe these types of situations invite opportunities for harassment and an uncomfortable working environment.

Female waitresses and bartenders who are asked to wear skimpy clothing may be put in uncomfortable positions not only by patrons, but also bosses. As employers see that sex sells and their customers want more, they make ask employees to wear more revealing clothing or engage in inappropriate work situations simply to promote the company.

According to the news article, a Celtic-themed sports bar in Chicago that employs servers who wear revealing clothing was sued by 19 female employees. Last year, the women filed a sexual harassment complaint with the U.S. Equal Employment Opportunity Commission. The EEOC recently sent them letters authorizing them to sue, leading to a recent lawsuit.

According to the lawsuit, managers and owners allegedly created a "sexually hostile, offensive and humiliating" work environment. The women said the work environment was not only unwanted and unwelcome, but was ongoing, rather than a one-time situation.

Some examples cited in the lawsuit:

• A straw of water placed down a worker's outfit, followed by a comment, "I'm trying to get your panties wet."


• Stating to employees, "Meow, meow, you're a dirty kitty."


• Another comment, "You don't know what I'd like to do to you."

Along with alleging sexual harassment, the lawsuit also alleges the restaurant retaliated against the women who complained, giving them limited or poor shifts. Some of the women still work there, but most left before last year. The manager cited in the lawsuit was later fired.

There is a fine line in situations like these because while the theme of the restaurant may be sexiness, that doesn't mean employees and, more specifically, employers, are allowed to be inappropriate. Regardless of the clothing worn at the workplace, employees shouldn't be subjected to inappropriate comments and certainly not actions of a sexual nature.

Every company must provide sexual harassment training to prevent situations like this. Workers are there to do a job, not to be put in an awkward and frustrating situation. That's why these woman filed a lawsuit. They felt they were harassed. It will be difficult for the company to overcome these facts.

It's important for employees put in these types of situations to seek out competent legal counsel. An experienced Los Angeles sexual harassment lawyer can help give direction on what type of complaints or lawsuits to file and how best to proceed. Have a strong advocate by your side.

Continue reading "Is It Sexual Harassment At Restaurants Where Sex Sells?" »