Articles Tagged with L.A. sexual harassment attorney

The story of Harvey Weinstein and the mass accusations against him of sexual misconduct has been in the news for almost six months, and in that time it has set the sexual harassmenttone for the #metoo movement and a wave of new sexual harassment policies bursting forth around the country. And now there’s potential for more people to be able to speak up again the former Hollywood producer. Weinstein Co. recently filed bankruptcy, with plans for a sale in the wings, while the board also released any non-disclosure agreements (NDAs) put into place between employees and Harvey Weinstein.

A former assistant of Weinstein has been sharing more about the NDAs as part of efforts to help curb workplace misconduct in the future, according to a report from Deadline. She told a UK parliamentary committee that employees were pressured into signing NDAs. She alleges vague threats made to her and others if they chose to speak out against alleged sexual violation committed by Weinstein. Part of why she agreed to sign the NDA, she said, was the inclusion of clauses that would keep Weinstein accountable for his actions in the future. However, she said that portion of the agreement was largely ignored. The assistant first broke her NDA last fall shortly after stories about Weinstein sparked conversations about whether non-disclosure agreements should be enforced against workers who suffered sexual harassment or exploitation. Continue reading

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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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

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

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

Sexual harassment claims against the former Fox News Chairman Roger Ailes ultimately cost the executive his job and resulted in a $20 million settlement with former anchor Gretchen Carlson. The allegations embroiled the company in controversy, as Greta Van Susteren, one of the longest-serving hosts, quit abruptly. Later, star Megyn Kelly, who would also come forward with claims of sexual harassment against Ailes, announced she was leaving for NBC. Kelly said she didn’t come forward sooner with her claims of harassment because to do so would have been, “Career suicide.” sad

Now, it seems that these type of incidents were part of a larger pattern, perhaps even a corporate culture, as more allegations against other executives and hosts have been revealed. Most recently, The New York Times reported, was the revelation that 21st Century Fox, which is the parent company of Fox News, quietly settled a sexual harassment lawsuit filed by an employee against prime-time star Bill O’Reilly.

The claim was made by a female Fox broadcaster who first began working for the company in the 1990s. She worked for a time on the Fox & Friends weekend edition show, and she had a regular segment on The O’Reilly Factor. She alleges O’Reilly tried to initiate a sexual relationship with her back in 2011. However, she declined his advance, resulting in his retaliation, according to the lawsuit. Additionally, a long-time Fox News executive, now co-president of the company after Ailes’ ouster, is also accused of retaliation in the case.  Continue reading

In mid-2016, the U.S. Equal Employment Opportunity Commission’s sexual harassment task force released a report revealing some troubling findings:

  • One-third of complaints to EEOC during fiscal year 2015 included an allegation of workplace harassment, including on the basis of sex.
  • The EEOC recovered nearly $165 million that year from companies where workplace harassment persisted.
  • Much of the current training methods are ineffective at prevention, as they focus mostly on sidestepping legal liability for workplace harassment. woman

Sexual harassment in particular is a serious concern – and a pervasive one.  Continue reading

A former elementary school employee has filed a sexual harassment lawsuit against the school district and her former boss, alleging her superior subjected her and another paid intern to “severe and pervasive” mistreatment based on their gender. She alleges wrongful termination and retaliation. woman

According to The East Bay Times, the plaintiff worked at one of the district’s elementary schools in Contra Costa County. Her boss was the director of technology with the district. She alleges that he asked her numerous times whether she was “satisfied” by her husband. He routinely commented on her appearance, making sexual comments. He also on occasion forcefully thrust his body up against hers and kissed her on the lips without consent. Plaintiff decided she had to report these incidents to human resources when she heard that a paid intern was enduring similar incidents of sexual harassment.

But when defendant supervisor learned of plaintiff’s intention, he reportedly asked to meet with her privately and at that time told her if she pressed forward with her complaint, it would “change a lot of things.” He assured a poor outcome could be avoided if she would avoid making a report. Plaintiff decided to go forward with her complaint anyway. A human resources officer concluded the allegations had merit, and the supervisor was subsequently placed on leave. But he wasn’t fired. He simply took another position as a technology coordinator for a nearby school district. However, plaintiff didn’t get such a sweet deal.  Continue reading

A public transportation worker in Washington D.C. is suing the agency for damages in excess of $200,000 after she claims her supervisor repeatedly asked her for, demanded or forced hugs. Eventually, she said, when she reported the sexual harassment, her boss retaliated against her. hug1

The federal employment lawsuit alleges her supervisors ignored repeated reports of this treatment, even as another assistant superintendent in the bus division where plaintiff worked revealed he had a history of sexual harassment at the firm.

This case presents a good opportunity to talk about the H-word: Hugs. For some, hugs are viewed as a way to “spread the love.” But our sexual harassment lawyers know they can also be a liability to workplaces that allow them to go unchecked.  Continue reading