Articles Posted in sexual harrassment

California sexual harassment claims against Oscar-nominated actor James Franco by former film students were recently settled for $2.2 million. The students allege that they were sexually harassed and coaxed into performing increasingly explicit on-camera sex scenes. They further alleged that as students at his film school, they were victims of fraud. Plaintiffs include one of five women who went on the record with the Los Angeles Times in 2018 to detail allegations of on-set behavior that was sexually exploitative or at least inappropriate.sexual harassment lawyer

Franco, 43, has denied the allegations repeatedly. But allegations of his inappropriate and possibly predatory behavior with young women were swirling even before the #MeToo movement gained traction. For example, in a 2014 Instagram exchange, he pursued a 17-year-old girl from Britain he’d met outside a theater, asking her about details of the hotel room where she was staying – even after he found out how old she was. When those messages later when public, he released a statement saying he was “embarrassed” and calling social media “tricky.”

In the most recent lawsuits, plaintiffs allege Franco set up his educational institute as a means to pursue young women and sexually exploit them. Those who cooperated with him were reportedly led to believe that doing so would land them roles in his movies. Plaintiffs allege the defendant coerced them during a “master class on sex scenes” into participating in sexual activity that was gratuitous while denying them protections actors and actresses would typically have as professionals with nudity riders. (Such riders protect film professionals from coercion and exploitation.) Continue Reading ›

The hotel industry has been hit hard by the coronavirus pandemic. The Chateau Marmont in Hollywood is no exception, so it was no great shock when hundreds of employees were laid off in the wake of tanking bookings. But in the months since, speculation has increased that the layoffs may have been more of a calculated effort to tamp down unionization efforts by staffers, several of whom allege flagrant workplace racial discrimination, sexual harassment and retaliation. racial discrimination

The Hollywood Reporter published an investigation into these claims against the landmark hotel late last year after speaking to more than 30 employees. In a recent follow-up, the publication revealed several employment lawsuits have been filed against the company and former CEO, who himself was accused of sexual misconduct by at least five employees.

The story is notable because dozens of employees broke the hospitality industry’s widely accepted code of silence to shine a light on what they say was longstanding racial discrimination and sexual misconduct that managers and owners were complicit in brushing aside, if not in perpetuating it themselves. The former owner firmly denied the allegations, but now will have to answer to some of them in court. Continue Reading ›

Sexual harassment training was supposed to be mandatory for virtually all employees in California as of Jan. 1, 2020. That was thanks to Senate Bill 1343, which was passed in September 2018. However, that date has been pushed back to Jan. 1, 2021 because of SB 778, which state lawmakers quietly passed in August. SB 778 pushed back the implementation of SB 1343 by a full year.Los Angeles sexual harassment lawyers

You’d be forgiven for being mistaken and not realizing employers had another full year before they are mandated to be in compliance. CapRadio was. In a correction, the media outlet wrote, “(SB 778) came with no announcements or notification from the lawmaker’s office.”

That said, our Los Angeles sexual harassment lawyers would encourage companies to that haven’t already begun the process may want to explore how to do so this year so there aren’t any surprises with compliance issues in 2021. The more your workers understand about sexual harassment and your company policies for dealing with it, the more likely it can be appropriately handled from the start (which means better morale for your workers and less chance of litigation for you). It will also allow you to be prepared well ahead of time so your company isn’t scrambling last-minute to comply. Continue Reading ›

Companies can be held legally responsible for sexual harassment and even sexual assault of an employee in an employment lawsuit if business managers/supervisors/HR representatives failed to take action regarding previous complaints of harassment/gender discrimination.sexual harassment lawyer

A large auto manufacturer is facing a federal trial over allegations that it did nothing to aid an employee who was sexually harassed and later sexually assaulted on company property.

The worker filed the employment lawsuit last year and it’s now slated for trial in 2020. The employee alleged that her manager harassed and attacked her, all while assuring her that no one in human resources would intervene if she filed complaints – which, she says, ultimately proved true. Continue Reading ›

In order to be successful in claiming employment discrimination in California, employees must first assert they are part of a protected class that received unfair treatment. The U.S. Equal Employment Opportunity Commission (EEOC) explains that to discriminate means to treat someone less favorably and disparately, with federal protections extending to individuals on the basis of gender, religion, color, race, national origin, disability or age (over 40). In California, unlawful practices spelled out by the Fair Employment and Housing Act 12940 outlines protections for these classes, but also for:

  • Genetic information
  • Marital status
  • Gender identity/gender expression
  • Sexual orientation
  • Military or veteran statusemployment discrimination attorney Los Angeles

Part of the reason California’s additional protected classes matter is they go farther than federal law, giving unfairly-treated employees more options to pursue action.

As Los Angeles employment discrimination attorneys can explain, “protected classes” aren’t merely limited to minorities. But employment discrimination is often subtle – and doesn’t necessarily need to actually be a part of a protected class in order to be protected. Discrimination based on the perception of belonging or association with others in these classes can be actionable in California employment discrimination cases too.

Perceived Protected Class Employment Discrimination Continue Reading ›

A California hotel housekeeper is suing her former employer, alleging Irvine sexual harassment that went unchecked for years, culminating in attack by a drunk male guest while she cleaned a bathroom in the lobby. Bloomberg reported that as he grabbed her, the man allegedly offered her $50. When she reported the attack to supervisors immediately after, he allegedly laughed and cracked a joke, saying the guest should have offered her $100. Irvine sexual harassment attorneys know that such a crude response not only shocks the conscience, it will be used as evidence the employer failed to protect this worker – allegedly for years.Irvine sexual harassment attorney

At the time, plaintiff had worked at that hotel location for some 18 years, according to Bloomberg. During that time, she alleges male customers frequently urinated in front of her and made inappropriate comments or advances. It was a regular occurrence, she would later indicate in her sexual harassment lawsuit, for all the female housekeepers, one she and her co-workers had been complaining about for years. Most recently, she’d asked her bosses repeatedly for a sign that would block guests from entering bathrooms while she cleaned. She was eventually given an 8×10 sign to stick on the door, though it didn’t block customers from entering. (The hotel reportedly did have signs that blocked guests from entering these areas in the past, but allegedly discontinued because they were “old-fashioned.”)

It was around this time the sexual assault occurred. Plaintiff said her employer did nothing in response – there was no investigation and no additional protection provided. She’s now suing for Irvine sexual harassment, seeking injunctive relief and unspecified damages.  Continue Reading ›

California sexual harassment claimants can now make allegations, undeterred by the prospect of being hit back with a defamation lawsuit that turns the tables and the proof burden back on them. The change, formally in effect as of Jan. 1, 2019, came after state lawmakers last year heard testimony from experts who were clear in showing how such defamation laws had been used for decades to protect harassers. As Los Angeles sexual harassment attorneys can explain, the long-existing law gives those who claim to be falsely accused and suffering damage to reputation as a result to pursue litigation for false and unprivileged statements – written or oral – made about them by either former co-workers or their previous employer. Basically if the sexual harassment was not unequivocally proven, the person who made the allegation or the former employer could be responsible to pay damages for defamation. Los Angeles sexual harassment attorney

In order to sidestep this outcome, the new law, AB 2770, considers such communications – specifically regarding sexual harassment – to be “privileged.” Some types of communication was already considered privileged under the law, such as that of a former employer to a prospective employer regarding job qualifications and performance of an applicant for a job. The new measure simply extends that scope now to also encompass statements pertaining to employees in California accused of sexual harassment. Specifically, it protects what former employers can say about whether they would rehire an applicant on the basis of the company’s determination of sexual harassment alleged to have been committed by the worker.

The law also contains a special portion that elevates communications and complaints about sexual harassment made from other employees to the employer to the level of “privileged.”  Continue Reading ›

New laws effective in 2019 will impact how courts in California weigh claims of sexual harassment, and how employers in the state address and take action. A Los Angeles sexual harassment attorney will be able to help you gain a better handle on the changes to these processes and what it might mean for new claims against individuals and employers. Los Angeles sexual harassment lawyer

Five new advisory principles are now included in the California Fair Employment and Housing Act (FEHA), effectively meaning employers are going to face more possibility of liability for discrimination. It’s not that the laws were intended to drum up more possibility of litigation, but rather that they would improve working conditions for women and others vulnerable to sexual harassment on the job or at school.

The specific effect will be that if these five principles are applied by California courts, there will be less likelihood that those claiming to be victims of sexual harassment will have their claims dismissed prior to trial. As Los Angeles sexual harassment attorneys can explain, they will still have the responsibility to prove the harassment was severe or pervasive. However, these new rules will also lessen that burden.  Continue Reading ›

When news broke in 2014 that the much-beloved ’90s sitcom “Friends” would be re-released in its entirety on Netflix, fans were ecstatic. However, when they started actually watching those 10 seasons, many were struck by how unfriendly many of the story arcs and punchlines were to minorities, homosexuals and women. But perhaps what was most striking for many people was the fact that so much of America could be so blind to those undertones. This same sort of realization is apparent when we wonder why it was that so many prior to the #MeToo movement tolerate toxic workplaces for so long. Los Angeles sexual harassment attorneys know we need look no further than that same set, where a former writers’ assistant filed a sexual and racial harassment claims. Warner Bros. fought back hard in Lyle v. Warner Bros. Television et al., ultimately backed by Hollywood’s top brass in an amicus brief filed with the California Supreme Court.Los Angeles sexual harassment lawyers

What was especially interesting about this case was the fact that defendants actually didn’t deny much of what plaintiff alleged: Sexually coarse, vulgar and demeaning language, “off-color banter,” and even masturbatory gestures and doodles. All of this, however, they claimed was not impropriety and definitely not harassment. It was, rather, a necessary part of the creative writing process. In the amicus brief, filmmakers and executives argued that to decide the case in plaintiff’s favor would have had a chilling effect on free speech, and that writers needed to be free to share their darkest and most private thoughts without fearing legal reprisal.

In 2006, the California Supreme Court didn’t just dismiss plaintiff’s case; justices unanimously agreed with the argument of “creative necessity.” That is, those in creative careers have the right to demean women, even pretending to masturbate (so long as it wasn’t aimed at someone particular), and that individuals who choose to work on a creative team “should not be allowed to complain that some of the creativity was offensive.” Continue Reading ›

A number of lobbyists, lawyers and staffers of the California Capitol urged state legislators to make changes in the way the state Assembly keeps track of and handles claims of sexual harassment. At the present time, it’s alleged the procedures are confusing, arbitrarily enforced and often result in worse outcomes for victims as opposed to those are carrying out the abuse.sexual harassment lawyer

Calls for this action were heard during a five-hour committee meeting, which was the first in either of the state’s legislative bodies to weigh the existing internal policies for sexual harassment misconduct. Although the decisions won’t necessarily have a direct impact on private sector workers, policies and procedures with the Capitol are often viewed as a model and a standard. Other companies will carefully look at how the legislators govern themselves when drafting their own sexual harassment policies.

Although our sexual harassment lawyers in Riverside have been on the forefront of this issue for years, it’s one that has gained enormous traction this year, one that has brought decades-old allegations to light and brought down extremely powerful men, from media moguls to Hollywood producers to politicians. Although it’s been a shock to our collective conscious to see the many millions of people (women in particular) in California, the U.S. and throughout the world joint the #MeToo movement, many women and those who have been fighting for their rights know the prevalence wasn’t all that shocking. It seems almost every woman, if not at some point personally a victim of sexual harassment, has seen it happen or knows someone who was targeted.  Continue Reading ›

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