Articles Tagged with Orange County sexual harassment

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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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 ›

The U.S. Equal Employment Opportunity Commission reports that of the thousands of complaints of sexual harassment it receives every year, 17 percent are filed by men. Meanwhile, more than half of women in the workplace report enduring some form of sexual harassment. Although there is no denying that sexual harassment is unacceptable no matter the victim or offender’s gender, instances involving men are beginning to garner more media attention. Although men are less likely to endure sexual harassment, they sometimes have an even steeper uphill battle in getting their employer to take it seriously because certain stereotypes would suggest males welcome this kind of attention. The fact is, they do not and the law makes no distinction. police

Recently, a county sheriff’s officer in Michigan filed a federal employment lawsuit alleging his female boss sexually harassed him and that his male supervisors laughed it off. In one case, an undersheriff told him to, “Take one for the team.” Instead, he took it to court.

Rather than suing his alleged harasser, though, he is taking on his employer for reportedly failing to act on his plea for help. According to court records, his boss reportedly taunted him for more than a year with comments that were sexually-charged an inappropriate. She advanced on him with unwanted behavior of a sexual nature. In one instance, he alleges she offered to give him oral sex. In another instance, she suggested to him getting his wife intoxicated and engaging them both in a sexual act. She also allegedly gave his work partners phony assignments so she would have opportunities to be alone with him. She also reportedly texted his personal cell phone and made it a point to drive by his home.  Continue Reading ›

There is a saying that is particularly pervasive in retail that, “The customer is always right.” But this is not true when the customer behaves in a manner that is threatening or hostile to store employees. This includes instances of sexual harassment. woman

Sexual harassment is a serious and pervasive problem in American workplaces. It also is not limited to interactions with co-worker or supervisors. Sexual harassment can occur in the context of other professional relationships, including those between customers and suppliers.

Further, sexual harassment in those situations does not need to consist of any outright demand for sex or sexual favors in exchange for business. It can take on a wide range of inappropriate behaviors or unwanted advances, including dirty jokes, repeated sexual innuendo or the use of offensive language. Although business owners may not be protected under sexual harassment laws, they do have the option to end the contract. Employees, however, are considered more vulnerable and they may be covered under sexual harassment laws.  Continue Reading ›

A California appellate court reversed a $285,000 verdict in favor of a former spa worker who alleged her employer failed to take reasonable steps necessary to protect her from the sexual harassment and gender discrimination of two customers. massage

The issue was that although jurors ruled defendant was not liable for sexual harassment or gender discrimination, it nonetheless found defendant liable on plaintiff’s claim for failure to take reasonable steps to prevent the actions. (Jurors did not find defendant liable for failure to prevent racial harassment, which plaintiff had also alleged.)

The California Court of Appeal, Second Appellate District, Division Five, ruled in Dickson v. Burk Williams, Inc. that when a jury finds that the sexual harassment that occurred wasn’t sufficiently pervasive or severe enough to result in liability, there can’t also be a finding that the employer failed to take reasonable steps to prevent it.

McDonald’s is facing some of its most egregious accusations of racial and sexual discrimination and harassment, which could result in a significant settlement or verdict for 10 former employees. The federal civil rights lawsuit was filed against the company in January of 2015 in the U.S. District Court for the Western District of Virginia. According to the lawsuit, plaintiffs were subjected to “rampant racial and sexual harassment.” Alleged offenders were high-ranking supervisors and managers who have been accused of demeaning the workers, nine of whom are African American, and one who is Hispanic. Of all the plaintiffs, seven are women.

thiswayAccording to the court documents, supervisors were demeaning, claiming that there were “too many black people in the store.” African-American workers said their supervisors called them derogatory names like “ghetto” or “bitch,” and the Hispanic worker said that she was repeatedly called a “dirty Mexican.”

In addition to the hostile work environment created by the aggressive and ongoing name-calling, the employees were disciplined more heavily than while employees who violated the same rules. The employees were also inappropriately touched on their buttocks and legs. Supervisors also sent the female employees nude and other sexually explicit photographs and in several instances, tried to solicit sexual favors from their employees.

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