sexual discrimination

Still No Sexual Harassment Training for Congress?

January 11, 2015 | by Nassiri Law

State and federal legislators commonly intervene to protect the rights of employees. While managers and business owners are required to stay abreast of sexual harassment training, it appears that California lawmakers are not. Despite the ongoing threat of sexual harassment in the workplace, and the repeated number of sexual harassment claims in state and federal politics, members of Congress are still not required to undergo sexual harassment training. According to an investigation by California radio station KPCC, House members, unlike most people who are in positions of power, are not required to undergo sexual harassment training.

The loophole opens the floodgate for not only, sexual harassment claims, but the potential for liability. One California lawmaker sees the lack of sexual harassment training for House members as an embarrassment and is trying to change the rules to protect staffers. Political figures, including members of Congress, are not strangers to sexual harassment charges. According to reports, more than a dozen women have filed complaints regarding the conduct of Bob Finer, former Congressman from San Diego. The representative retired from Congress in 2012 and won his race for San Diego mayor. Despite this political success, he faced numerous accusations of sexual harassment, alleging that he repeated touched, grabbed, and groped women while serving in Congress. Following the allegations, the San Diego mayor resigned and pleaded guilty to battery and false imprisonment.

This is one of many stories coming out of Congress related to sexual harassment. To initiate change on behalf of citizens and staffers, San Mateo Congresswoman spearheaded a bill to fund $500,000 of sexual harassment training for Congress members. Despite the initiative, the money was swiped from the compromise bill. Now she is seeking the House Rules Committee to take action to prevent future instances of employment law violations and abuse. Though training is mandatory for employees and managers throughout California, Congress members have not been held to the same standards. For those in favor of the bill, stopping sexual harassment could mean a step as easy as mandatory sexual harassment training.

Soccer Team Owner Accused of Sexual Harassment

December 31, 2014 | by Nassiri Law

A Seattle soccer team owner has been sued for sexual harassment and members of the team have questioned whether he was properly screened and background checked. Twenty-two players quit the Seattle Impact FC team after only one season game. Players stood alongside the dance team known as “Ladies with Impact,” who also resigned to protest the assault of two dancers. According to reports, the coach, also a former college soccer player, had a history of sexual assault and misconduct in his two-decade career as a high-school coach. In addition to lawsuits filed against the coach, questions remain if other entities are liable for failure to background check the owner.

According to the Seattle Times, the coach had fired his staff and other office workers who were embittered by his management style. He accused the women who filed the lawsuit of being ‘dirt poor’ and trying to extort money through litigation. A 22-year-old dancer filed the lawsuit after the coach allegedly asked her to come over to his home. She accuses him of an assault that occurred during this encounter. The dancer was not only concerned about the professional complications of the assault, but has also been forced into counseling and takes medication to manage the stress associated with the event.

The coach has not been criminally charged for the offense, but the local law enforcement authorities are investigating. Members of the team, the association, and local fans have continued to protest his ongoing presence as the owner and coach of the team. The case has also raised questions about whether the Major Arena Soccer League (MASL) went through a proper screening process to vet the coach. The newly formed professional circuit has boasted top indoor talent, but has had other legal problems related to sexual harassment. Reports indicate that another coach of a team in Texas was sued in 2010 by a female intern at his New York consulting firm. According to the complaint, the coach sent inappropriate emails, texts and notes. The case was settled out of court for $50,000.

Pepperdine and Coach Sued for Sexual Orientation Discrimination

December 30, 2014 | by Nassiri Law

California laws protect individuals from sexual orientation discrimination. In a recent case, a lawsuit has been filed against Pepperdine University and one of its basketball coaches, alleging harassment related to sexual orientation. According to reports, two players filed the suit against the school and the coach after they suffered harassment related to their lesbian relationship. One of the students suffered such severe harassment that she went into a deep depression and suicide attempt. The coach and academic coordinators allegedly became obsessed with the couple’s relationship and claimed that “lesbianism is not tolerated” on the team.

In addition to the violation of privacy rights, the lawsuit also alleges that that school is in violation of the federal Education Amendments Act of 197 which prohibits sex discrimination in federally funded programs and activities. The women were pulled aside and repeatedly questioned about their relationship, about their sleeping arrangements, sexual orientation, and sexual preferences. Both women repeatedly asked the coach to stop “prying” into their personal lives. In another discussion with the team the coach warned the players that they were prohibited from dating. The coach even blamed a team loss on a mid-season break-up between the players.

Other players on the team recognized that there was an intensive investigation going on. They were being questioned and asked about the relationship and warned the players to be careful. After months of living in fear and being harassed, one of the players went into a severe depression and attempted suicide. When she decided to return to the team, the coach refused to allow her back on the court without a doctor’s note from a gynecological exam. According to reports, the doctor’s notes provide evidence of good health, but have also prevented women from playing basketball at the university.

Unpaid Interns and Volunteers Covered by FEHA in 2015

December 18, 2014 | by Nassiri Law

California law will now give unpaid interns and volunteers a number of the same legal protections as regular employees. Under the California Fair Employment and Housing Act, employers are prohibited from discriminating against employees based on race, religion, national origin, ancestry, disabilities, sex, gender, age sexual orientation, or gender expression. Assembly Bill 1443 will expand the protections against discrimination and harassment to unpaid interns and volunteers. The law will go into effect January 1, 2015. The new law will also require employers to accommodate the religious beliefs of volunteers and unpaid interns.

If you are an unpaid intern or volunteer, you should know your rights under California law. The new protections require employers to expand their policies that prohibit discrimination and harassment. Employers should also make necessary changes to handbooks, policies, and guidelines to ensure that interns and volunteers are protected against unlawful actions. Employers are also responsible for informing interns and volunteers about these protections and offer procedures for reporting harassment and discrimination.

Employers are responsible for ensuring that workers are protected against harassment and discrimination. Extending this protection to unpaid interns and volunteers means that employers with 50 or more employees must provide at least two hours of training and education regarding sexual harassment to all supervisory employees. These training sessions must take place to reiterate issues and processes every two years. To better protect employees and to prevent liabilities, many employers are providing this training to both supervisors as well as all members of the staff. Additional protections could include providing training to volunteers and interns so that they know their rights in the workplace.

Braun Electric Settles Sexual Harassment Lawsuit for $82,500

November 15, 2014 | by Nassiri Law

When an employee suffers from sexual harassment, it can take months, even years to reach a resolution. In most cases, a company will want to settle out of court to prevent costs of litigation and public exposure. However, some companies are willing to take sexual harassment cases to a jury if they believe that they can defeat charges.

In a recent California case, Braun Electric Company agreed to pay $82,500 to settle a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the U.S. agency charged with ensuring compliance with federal labor and discrimination laws.

Braun Electric provides industrial electrical services for the oil and gas industry throughout the California San Joaquin Valley. According to reports and the EEOC, a manager at the Belridge location subjected female workers to repeated instances of harassment, which created an illegal hostile work environment. Employees allege that the harassment took place since 2010. The manager made inappropriate sexual remarks and explicit propositions on a continual basis. Even though the employees reported the misconduct, upper management failed to adequately address the harassment reports and supervisors failed to property document and report the incidents that they had also witnessed. According to the lawsuit, one female employment was forced to quit as a result of repeated sexual harassment and the ongoing hostile work environment.

Raspardo v. Carlone: On Employment Discrimination Claims Involving a Hostile Work Environment

October 28, 2014 | by Nassiri Law

Lawsuits involving allegations that an employer created a hostile work environment can involve complex litigation. In Raspardo v. Carlone, a case from the United States Court of Appeals for the Second Circuit, several employees sued the city, the police department, and five police supervisors. The claims were filed under Title VII of the Civil Rights act of 1983, alleging employment discrimination.

Plaintiffs were two former and one current female police officer. Plaintiffs alleged that defendants discriminated against them on the basis of sex and created a hostile work environment and treated them unequally with respect to male officers in the department.

According to court records, the individual defendants moved for summary judgment based upon qualified immunity. The District Court denied this motion. Continue Reading ›

CA Unpaid Interns Extended Protection Against Sexual Harassment

October 10, 2014 | by Nassiri Law

Unpaid internships have been increasingly under scrutiny for taking advantage of new college graduates and the unemployed. Though new regulations have been implemented to help protect young workers and to hold employers accountable, it appears that interns have more at stake that just not getting paid. Due to the legal arrangements between employers and unpaid interns, it was difficult for interns to take legal action in the event of discrimination or sexual harassment. Now California legislators have passed a law to extend protections against sexual harassment to unpaid interns. Governor Jerry Brown signed a bill that was introduced by Berkeley Assembly Member, Nancy Skinner to offer legal protections to unpaid interns and volunteers against sexual harassment in the workplace.

Under the new law, the 1964 Civil Rights Act will be extended to include those members of the workforce who are unpaid to prevent sexual harassment in California. The law is a step in the right direction to protect workers whose rights are undermined and mired by complicated legal definitions. Our Orange County employment law attorneys are dedicated to protecting the rights of interns and workers throughout the state of California. We are committed to staying abreast of changes in state and federal law and are prepared to take on legal action on behalf of employees.

Advocates in favor of the new sexual harassment prevention law say that it extends a basic civil right to all workers, including those who are offering their services in lieu of education or in the name of volunteerism. The California bill was introduced shortly after a federal district court in New York ruled that the Civil Rights Act does not apply to interns because they are not technically employees. The original case involved a Syracuse University student who was groped, kissed and harassed at her media company internship. The student also suffered retaliation after she refused the sexual advances of her superior.

Ex-San Diego Mayor Sued for Sexual Harassment

September 3, 2014 | by Nassiri Law

Sexual harassment claims may arise in the public or private sector, stemming from inappropriate behavior in restaurants, the business environment, or even in a political office. According to reports, ex San-Diego Mayor Bob Filner is facing another sexual harassment lawsuit even since he has resigned from office. A complaint has recently been filed by a former staff member against the 71-year-old politician. The lawsuit was filed in San Diego Superior Court and details the many inappropriate advances and gestures alleged by the plaintiff.

Employees who have suffered from sexual harassment in the workplace have the right to take action against the aggressor, as well as a defendant company for failing to take action. Our Orange County sexual harassment attorneys understand the challenges faced by victims and will take every necessary step to protect their rights and interests. We are experienced in both hostile work environment sexual harassment claims as well as quid pro quo claims when employment terms are conditioned upon a sexual request or response. Every case is unique and should be reviewed by an experienced advocate before any action is taken.

According to the complaint, the fifty-year-old plaintiff was an executive assistant to the mayor when he made several attempts to engage her in sexual activities. He made requests to spend passionate time together, “make love,” and even “have sex on the conference table.” The lawsuit also alleges that the mayor asked her to kiss him on several occasions and he grabbed her breasts and other inappropriate body parts. The lawsuit was filed on August 15th and called the behavior of the former mayor both “repugnant and revolting.”

Racial Discrimination Claims Filed Against Chipotle

August 3, 2014 | by Nassiri Law

Employees are often forced to take legal action after they have been abused and exploited—many times in more than one way. In a lawsuit that was filed in May, a Chipotle manager is taking on the national chain for alleged abuses including racial discrimination and wage and hour violations. The plaintiff is also the class representative for a class-action lawsuit alleging a variety of labor law violations.

According to the complaint, the plaintiff worked at two Chipotle restaurants in San Luis Obispo for almost four years. She had been promoted to manager at the time of her termination in August 2013. The complaint alleges numerous acts of discrimination by her former supervisor. Our Los Angeles race discrimination attorneys are dedicated to protecting the rights of employees throughout California. If you believe that you have suffered from any form of discrimination, it is important to consult with an experienced advocate who can protect your rights. Victims of discrimination may be entitled to significant compensation.

The lawsuit states that the manager and plaintiff, who is African-American, suffered from daily harassment. She was requesting timely breaks when her manager told her to transfer to another location because she was black. When she reported one of the incidents to another manager, it was excused and no internal action was taken. The plaintiff is seeking general damages, lost wages and attorneys’ fees for her losses.

Executive Order: Should the U.S. Offer Paid Maternity?

July 16, 2014 | by Nassiri Law

The United States is the only industrialized nation that fails to mandate paid leave for mothers with newborns. President Barack Obama is hoping to change that, providing more protections for mothers in the workplace. The President is also hoping to encourage employers to generally adopt more family-friendly policies, he announced at a summit earlier this month. Paving the way towards legally mandated family-friendly work environments could be an improvement for workers in California and nationwide.

According to a statement from the President, the United States is one of only three countries that doesn’t offer paid maternity leave. While many states, including California, have taken action to give workers paid family leave, the President is urging nationwide action to protect America’s mothers and families. All families should have the basic right to afford to care for their loved ones. Our Orange County pregnancy discrimination attorneys are dedicated to protecting California employees against pregnancy discrimination, sexual harassment, and other forms of employment inequality. We are abreast of trending legal issues that impact workers and are committed to promoting worker rights in California and nationwide.

While some likened the speech to something the President may have done on the campaign trail, others see the action as a genuine need to shift America’s workplace culture towards the reality of modern work culture. The summit event also featured an appearance by MadMen star, Christina Hendricks, to shed light on the similarities of the portrayal of televised 1950s culture and current U.S. employment policies. Currently, California does have a state mandated system of paid leave, but Obama wants to extend those protections to workers nationwide. Currently, Obama has not yet endorsed any legislation that would fund a national system or a bill that would fund legislation through a payroll tax. The push towards mandated maternity leave and new workplace policies is also a follow-up to his 2008 pledge not to raise taxes on low to upper middle-class families.