Articles Tagged with best sexual harassment lawyer

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As any good sexual harassment attorney knows, one of the biggest deterrents to victims coming forward withsexual harassment their stories is fear of retaliation and the effects it can have on their careers and well-beings. This issue is compounded infinitely for immigrant families, who not only fear risking their careers, but their entire way of life, their homes, the potential of deportation, and possible separation from their families. Even those who are in the process of becoming a legal citizen are fearful causing waves could put their citizenship in jeopardy. Sexual harassment, discrimination, and assault in the workplace is scary enough, but these personal ramifications add an exclamation point to the end of an already very frightening sentence.

The fear of deportation, even for those who are following all the rules and are actively seeking citizenship, has increased significantly recently with the current administration making a very public example of non-Americans. Attorney General Jeff Sessions in recent months invoked a “no tolerance” policy when it comes to people crossing the border from Mexico, offering little room to differentiate between asylum seekers and those committing violent crimes or trafficking drugs. This has created an environment where those already in the country tend to lay low, keep quiet, and hold their breaths to see what happens next.

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Not only is sexual harassment in the workplace illegal, but it also is costing a significant amount of money. Thesexual harassment influx of reports of sexual misconduct has led journalists and investigators to dig into the scope of these behaviors. What they have found is a trail of monetary payoffs and cover-ups over the years that have kept accusers silent and cost states and businesses a sizeable amount of money. California, despite having many protections, may be one of the biggest offenders.

The News Journal in Delaware recently revealed sexual misconduct payoffs over the past decade cost the state $663,000, plus the costs of litigation. Cases were filed alleging sexual harassment, misconduct, and discrimination across a variety of departments. Totals in other states varied pretty widely. Florida tallied $11 million in settlements, but that was over a 30-year period. Investigations in New York revealed at least $5 million in payouts from 2008-2010. Continue reading

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Time’s Up, an organization that has made a mission of creating a safe work environment for women of all kinds, is changing the sexual harassmentlandscape for sexual harassment lawsuits in the country. Thanks to generous donations from celebrities and regular citizens alike, the Time’s Up Legal Defense Fund has a pool flagged for subsidizing employee lawsuits. Recently the group backed 10 former and current McDonald’s employees who filed complaints against the company for sexual harassment, according to a Fortune article.

The 10 women worked for franchisees in seven states, and both the franchisee owners and parent company McDonald’s Corp. were named in the complaints, recently filed with the Equal Employment Opportunity Commission. Accusations include groping, indecent exposure, inappropriate comments, and sexual propositions. In addition, women alleged when they reported the incidents, they faced ridicule and sometimes retaliation afterward. Continue reading

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The story of sexual harassment in the workplace has been around since the beginning of workplaces. Yet, this past year has seen ansexual harassment explosion of accusations, resignations, and renewed policies thanks to the #MeToo Movement. People, particularly women, who once felt too vulnerable to speak up against sexual misconduct have been emboldened. These new voices have exposed a tragic pattern in workplaces across the country, and in doing so have revealed possibly the most vulnerable group of all workers: teenagers.

A Wall Street Journal report recently uncovered the concerns many parents face sending their teenagers into the workplace as the season for summer jobs is upon us. The fact that so many people are talking about sexual harassment in the workplace, which has led to stricter policies and more accountability, could lend some protection to teenagers who are starting their first jobs. However, our experienced employment attorneys know change takes time, and the problem is far from being solved.

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It seems wherever there is a law to protect employees from harassment in the workplace, there is another law that harassers will try tosexual harassment exploit to silence their victims. State legislators are looking to tie up some of those loopholes to continue the momentum created by the #MeToo Movement. Their mission is to encourage employees to report wrongdoing without fear of repercussions and also give employers more freedom to side with and protect victims. 

AB-2770, introduced by Assemblymember Jacqui Irwin (D-Thousand Oaks), would expand the information a former employer is allowed to disclose to a prospective employer to include sexual harassment allegations. Current law allows a prospective employer to ask a representative from the candidate’s previous place of employment if the company would re-hire that person if given the opportunity. The new bill would allow the former employer to cite, without malice, accusations of sexual harassment with credible evidence as the reason they would not hire back an employee. It also provides protection to employees from retaliatory defamation lawsuits in response to formal harassment accusations being filed. This would set a standard that would allow accusers and employers the freedom to discuss credible allegations more freely. Continue reading

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While the #metoo movement is shining a spotlight on sexual harassment and the dark corners of Hollywood, sexual harassmentan increasing number of civil sexual assault cases are being filed, some against former supervisors, co-workers and the institutions that protected them when they owed a duty of care to the victim.

Here in California, one former agent is battling a civil lawsuit filed by a former client alleging sexual battery and sexual harassment. The agent has asked the Los Angeles Superior Court to stay the civil case until the statute of limitations expires on the criminal case, arguing that to proceed and participate in the civil case could result in self-incrimination leading to serious felony charges, according to The Hollywood Reporter.

Defendant (through his attorney) vehemently denied the allegations. Of the request to stay, his attorney explained the civil complaint read like criminal charges and  discovery requests made additional claims of criminal behavior, causing concern that testimony during the lawsuit could bring about formal charges.

This underscores the fact that many civil lawsuits may coincide with criminal charges, and while these are two totally separate processes operating independently of another (and sometimes with very different outcomes), there are times when one may have an impact on the other. A good employment law attorney will do everything possible to keep your case moving when that is in your best interests.

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In a climate where claims of sexual harassment are continually coming to the surface and stories of police wrongdoing are constantly in the news, it is refreshing to seesexual harassment people honored who have fought to protect their rights and maintain their values.

The Asbury Park-Neptune Chapter of NAACP in New Jersey recently honored two female members of the local police officers who twice filed lawsuits as a result of sexual harassment and race discrimination they allege was taking place in their police department, according to App. Long before the New York Times‘ Harvey Weinsten expose or the popularity of #MeToo on social media, these two women were standing up when it would have been so much easier to buckle under the pressure.

Their story begins in 2013 when the two reported repeated sexual harassment and discrimination. One of the plaintiffs claim a lewd magnet was stuck to her car and in a separate instance a crass message was place on her car, a vehicle she used to visit the local high school. She also alleges that she was repeatedly not given the resources she needed to properly serve the high school, such as active shooter training and access to a tactical vehicle, both of which were given to a male resource officer for the school. Plaintiffs allege in the lawsuit instances of inappropriate conversations about pornography and personal sex lives, and crude gestures.

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sexual harassmentFor months, Hollywood has been shaken by accusations of widespread harassment and sexual misconduct in the film industry. Those claims inspired people all over the country to come forward with their own stories. Now all eyes are shifting to the music industry, starting with Tennessee.

There, lawmakers have introduced a bill in hopes of closing up a loophole that has left contract workers vulnerable to harassment, according to NPR. Contract workers are left without the same protections employees receive. And since many entertainers and music professionals fall under this category, it has left the music industry particularly exposed.

HB 1984 defines an independent contractor and extends employee harassment protections, making it landmark for workers’ rights if it passes. “It is a discriminatory practice for an employer to harass an employee, an applicant, or a person providing services pursuant to a contract because of the employee’s, applicant’s, or person’s sex,” according to the bill. Continue reading

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After allegations of misconduct against Harvey Weinstein revealed a culture of widespread sexual harassment and assault, the film producer is finally facing concrete sexual harassmentramifications. New York Attorney General’s Office recently filed a lawsuit in New York State Supreme Court, New York County against Weinstein Co., Harvey Weinstein, and Robert Weinstein to “remedy a years-long gender-based hostile work environment.”

The lawsuit (The People of the State of New York v. The Weinstein Company LLC, et al) comes after months of mostly symbolic punishments against the producer. He was fired from Weinstein Co. and resigned from the board in October (while continuing to profit off his 23 percent share in the company) and is said to have received sex addiction rehabilitation treatment since then.

N.Y. Attorney General Eric Schneiderman began building the case after New York Times broke the story last year detailing reports of harassment, assault, and rape allegedly taking place inside Weinstein Co. as well as payouts meant to silence accusers. In addition to claims made against Harvey Weinstein, the lawsuit targets senior managers, who stand accused of ignoring complaints and enabling continued abuse. The attorney general’s investigation included an in-depth examination of e-mails and company records, which allegedly reveal gender discrimination, hostile work environment, harassment, quid pro quo arrangements, and discrimination, according to a report from Variety. Continue reading

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In the wake of the influx of employees coming forward in the past year to report workplace sexual harassment, the rally cry of “me too” has evolved into a steady hum ofsexual harassment attorneys “what now?” Many citizens look to lawmakers to fortify harassment laws and create harsher punishments. However, those legislative bodies meant to govern are finding they have their own house cleaning to tend to.

A closer look at each of the nation’s state legislatures by the Associated Press showed nearly all had at least a minimal sexual harassment policy in writing. However, many state bodies may see big changes to policies in 2018 as the various chambers go beyond the minimum and dig deeper into establishing punishments and setting up prevention strategies. According to the U.S. Equal Employment Opportunity Commission, sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 because it is considered a form of sex discrimination. This act applies to the conduct of state and local governments.  Continue reading