Articles Posted in sexual harassment

A decision on a California sexual harassment statute of limitations case is expected to be released sometime in the next few months, after the state supreme court heard oral arguments last month. The case involves a Los Angeles California trucking and distribution center, which was successful in winning a summary judgment against two former employees alleging sexual harassment on the basis the statute of limitations for the claim had expired. The plaintiffs are asking the California Supreme Court to reverse.Los Angeles sexual harassment lawyer

According to court records, the complaint was filed in the fall of 2017, both plaintiffs alleging the trucking company denied them promotions due to racial discrimination and further that they’d both been victims of sexual harassment.

One of the plaintiffs had been hired at the firm by a staffing agency in the late 1990s. She alleged she was dating an executive VP of the firm, starting in 2014, and this turned into a quid pro quo sexual harassment case. When the VP wanted to advance the relationship, she ended it. After that, she said her her promotions at the firm were blocked, though she continued to work at the staffing agency through 2018. (It should be noted the trucking company was the staffing agency’s only client, so the staffing agency was ultimately dismissed as a defendant after the court found that the trucking company was the one with sole decision-making authority over the staffing agency’s employees.) Continue Reading ›

An online complaint of sexual harassment endured by workers at art gallery fundraisers that has garnered a groundswell of support, the San Diego Union-Tribune recently reported. Submitted to Change.org as a signature drive, a former attendant at the San Diego Museum of Art alleged the organization routinely hosts booze-fueled fundraisers wherein guests feel free to grope female workers. Rather than protecting their employees, the complaint alleges, officials at the museum blamed staff and refused to consider adoption of policies that would stop them from being subjected to sexual harassment and abuse on-the-job. It seemed the concerns of women of color in particular were outright dismissed. Los Angeles sexual harassment lawyer

The complainant reported that they should not have to feel unsafe coming to work as, “We are not nightclub workers.”

Of course, it’s the position of our Los Angeles sexual harassment attorneys that no worker should feel unsafe coming to work for fear of sexual harassment – whether that workplace is in a nightclub, restaurant, office, airplane, tomato field or art museum. Continue Reading ›

Female employees for a taco chain in the Rancho Cucamonga area will be awarded $1.25 million in an EEOC settlement for allegations of years-long sexual harassment and retaliation.Rancho Cucamonga sexual harassment lawyer

The U.S. Equal Employment Opportunity Commission’s lawsuit alleged that a general manager and shift leader who both worked at several stores in Rancho Cucamonga subjected young female workers to sexual harassment daily. Their behavior included vulgar comments, unwelcome physical contact and propositions for sex.

Our Rancho Cucamonga sexual harassment lawyers understand the behavior was so prevalent that other male workers felt welcome to join in and perpetuate it on their own. The EEOC alleged that when the female workers complained, supervisors failed to take appropriate action. Instead, workers felt they had no choice but to quit if they wanted to escape their hostile work environment. Continue Reading ›

The U.S. Court of Appeals for the Ninth Circuit reversed a lower court ruling in Judd v. Weinstein, reinstating actress Ashley Judd’s California sexual harassment lawsuit against one-time Hollywood power player, producer Harvey Weinstein. Los Angeles sexual harassment lawyer

As our Los Angeles sexual harassment lawyers can explain, the complaint stems from a sexual harassment claim under California Civil Code section 51.9. This allows for claims of sexual harassment that occurs between people who have a business, service or professional relationship wherein the defendant holds himself/herself out to be able to help the plaintiff establish a business, service or professional relationship with defendant or third party. These can include doctors, lawyers, estate trustees, landlords, teachers, elected officials, lobbyists, directors/producers or any substantially similar relationship. In order to prevail in such a claim, plaintiff needs to show defendant made sexual advances, solicitations, requests, demands (or engaged in conduct of a sexual nature or hostile based on gender) and the plaintiff has or will suffer some economic loss as a result of that conduct.

Judd’s case appears to fit the bill, but a lower court had dismissed it, siding with Weinstein’s arguments, which were that the traditional power balance might be flipped in some scenarios and that there was not a professional relationship at the time of the alleged harassment. The question of whether the relationship between the two parties was an employment relationship outside the purview of that statute is a question for the trier of fact (the jury). The case was remanded for further consideration.

The studios, producers and executives from the show Criminal Minds are facing an L.A. sexual harassment lawsuit from the California Department of Fair Employment and Housing. The complaint alleges that a director of photography for the show (which ended earlier this year after 15 seasons) engaged in repeated instances of sexual harassment which went unchecked by the defendants. The director was personally sued last year by a cameraman for sexual harassment. Now, the state is pursuing claims against CBS, ABC and Disney, claiming that not only was the director’s conduct not addressed, but anyone who “resisted or tacitly evaded” his abuse or advances. L.A. sexual harassment lawyer

Among the claims laid out in the L.A. sexual harassment lawsuit:

  • A technician was fired after he resisted a butt slap and reported it.
  • A video playback department worker corroborated the technician’s claims – and was subsequently fired.
  • More than a dozen men were fired at the photography director’s request.

Continue Reading ›

Former New York mayor Mike Bloomberg recently vowed to release former female employees from the non-disclosure agreements they signed in connection with their sexual harassment lawsuit settlements at his namesake company. The announcement came just days after Massachusetts Sen. Elizabeth Warren slammed Bloomberg over the agreements during the Democratic presidential debates in Las Vegas. Bloomberg said in a statement he had identified three non-disclosure agreements that were signed in resolution of complaints against statements he personally had made to his female employees. Those settlements were reached over 30 years ago. sexual harassment lawyer

Debate moderators had raised the question of Bloomberg’s past remarks about women, to which the billionaire responded that he would not tolerate the kind of behavior that #MeToo exposed. That’s when Warren made a point to underscore the non-disclosure agreements. Bloomberg downplayed both the number of non-disclosure agreements in which he was involved and the nature of what was alleged, characterizing the allegations as “maybe they didn’t like a joke I told.”

Bloomberg is far from the only person to come under fire for non-disclosure agreements in sexual harassment cases. Numerous women reportedly harassed and/or assaulted by Harvey Weinstein were compelled to sign non-disclosure agreements in order to settle their cases against him. The same was reportedly done in cases involving USA Gymnastics team doctor Larry Nassar. Continue Reading ›

As of this month, all state departments in California are required to track all claims of sexual harassment. Now, they will be able to do so using a single streamlined system managed by the California Department of Human Resources.Los Angeles employment lawyer

The system was proposed by Gov. Jerry Brown in 2018 following an investigation by The Sacramento Bee revealing the state spent $25 million over the course of three years to settle sexual harassment lawsuits against state employees. In many cases, offenders kept their jobs, despite repeated complaints and even as victims were forced to resign and be subject to no rehire clauses if they settled their civil cases. (No rehire clauses are now outlawed thanks to the passage of AB 749 last fall.)

The data tracker went live on Jan. 1, 2020 and cost $1.5 million to launch. Before this, the state had no uniform way of tracking allegations of sexual harassment across its 150+ departments. Continue Reading ›

In what is believed to be the highest damage award ever in a California employment lawsuit, a billionaire defendant/Hollywood executive/hologram entrepreneur/heir to Coca-Cola to pay a former employee $50 million in damages after jurors found him liable for battery, sexual battery and sexual harassment.Los Angeles sexual harassment lawyer

The ruling is the third verdict this year in which the defendant, Alki David, has been accused of repeated acts of sexual harassment and sexual violence against former employees. Two other cases are pending.

The Los Angeles Times reported that the latest verdict brings the total amount of compensation David must pay to previous employees to $74 million. In the most recent case, plaintiff was a production assistant who worked for defendant. He reportedly thrust his pelvis into her face, simulated oral sex, moaned and then zipped up his pants before thanking her as he walked away. Continue Reading ›

A new study published in the New England Journal of Medicine reveals that sexual harassment, verbal abuse and gender discrimination are the catalysts mostly responsible for the high rates of burnout among female doctors.doctor gender discrimination

Physicians in general have high rates of burnout, defined just this year by the World Health Organization as a condition characterized by cynicism, emotional exhaustion, physical fatigue and reduced productivity resulting from unmanaged job-related stress. What this new study suggests is the problem is even greater for doctors who are women, and surgical residents in particular.

Another recent survey conducted by physician staffing firm Merritt Hawkins showed that more than three-quarters of female physicians responded in the affirmative when asked whether they had experienced gender-based discrimination in the workplace. Continue Reading ›

Little more than one week after McDonald’s Corp. fired its chief executive officer for reportedly having a romantic relationship with a subordinate, a former employee is suing the fast food chain, alleging sexual assault by a manager is part of a larger culture of sexual harassment in the company. The former CEO could get a payout of an estimated $70 million. Orange County sexual harassment lawyer

The class action sexual harassment lawsuit filed in a Michigan state court as hundreds of workers for the company in that state prepared to strike in protest of the company’s handling of such claims. Workers for the firm are demanding the protection of a labor union. The company is facing more than 50 complaints from employees and former employees who allege the work environment at the restaurant chain is sexually hostile.

In the recent Michigan lawsuit, The New York Times reports plaintiff was subjected to sexual harassment and sexual assault repeatedly over the course of two years working for the company. The manager allegedly groped her, called her by offensive names and once placed his genitals in her hand while they worked beside one another in the kitchen. These incidents, she says, were a daily occurrence, and she was in constant fear of losing her job. She reportedly filed numerous complaints with her general managers, but the complaints were ignored, she said. Continue Reading ›

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