Articles Tagged with sexual harassment attorney

The future of California sexual harassment lawsuits hangs in the balance, as the public is closely monitoring word of Governor Jerry Brown’s decision whether to sign the controversial AB 3080. The bill would result in direct impact to workplace harassment and gender discrimination claims by impeding an employer’s ability to limit disclosure and discussion of such agreements with mandatory arbitration agreements signed as a condition of employment.

As our L.A. sexual harassment attorneys recognize, the bill if passed would amend a portion of California Labor Code (specifically adding a Section 432.4) outlawing forced arbitration agreements barring job-seekers (employees or independent contractors) from speaking out publicly or pursuing civil court remedy agL.A. sexual harassment attorneyainst employers who fail to protect them from sexual harassment or gender discrimination. (The bill doesn’t specifically use the term “arbitration agreements,” but those policies are what is targeted and would be affected.)

Some have argued that what’s in the bill is already largely covered within provisions already existing in the California Fair Employment and Housing Act (FEHA), which is the state’s anti-retaliation law shielding employees from retaliation if they have a reasonable belief of victimization from unlawful employment practices. Others say the bill, if passed, will be widely open to judicial challenge. In 1987, the U.S. Supreme Court ruled in Perry v. Thomas (and again in 2011 with AT&T Mobility LLC v. Concepcion) that the Federal Arbitration Act requires arbitration contracts generally be on equal footing with other types of contracts and that state law can’t interfere with federal policy.  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

In an effort to ensure enforcement of zero tolerance policies when it comes to sexual harassment in California state senate offices, lawmakers have announced steps will be taken to hire outside attorneys for any investigations that involve abuse of or by staff or legislators. As reported by The Los Angeles Times, this breaks a long-standing practice of internally investigating sexual harassment complaints. sexual harassment

It’s also reflective of the national tone with regard to sexual harassment incidents, after the fallout with Hollywood mogul Harvey Weinstein sparked the #MeToo movement across social media and in numerous rallies and marches. Recently, hundreds marched in Hollywood against sexual harassment, as people from all different professions have come forward to demand accountability for those who commit sexual harassment and the institutions that protect them.

The decision to revise the sexual harassment investigation policies within the California Senate was unveiled hours after there were allegations of inappropriate behavior against Tony Mendoza, a Democrat from Artesia. Two capital staffers have accused him of misconduct. One allegation was made by a 19-year-old intern, who alleged Mendoza invited her to his hotel room to drink alcohol, despite her being underage. Another allegation was made by a 19-year-old Senate fellow. Three former aides were reportedly fired after making complaints about the interactions with the young woman. Senate officials have denied there is any connection between those terminations and the sexual harassment complaints.  Continue reading

When Title VII passed in 1964, it banned gender discrimination at work. However, it wasn’t until 1975 that activists at Cornell University coined the phrase, “sexual harassment.” And still, it wasn’t until around the early 1990s, when law professor Anita Hill accused Supreme Court Justice nominee Clarence Thomas of sexually harassing her when they worked together. That didn’t stop Thomas’ nomination from being confirmed, but that same year, the Civil Rights Act was amended to allow victims in those cases to seek both compensatory and punitive damages. The number of sexual harassment cases skyrocketed. tv

Twenty-six years later, allegations of sexual harassment brought down one of the most powerful men in cable news – Bill O’Reilly. Of course, it took years and numerous allegations from many women.

But even before then, in late 2016, Anita Hill spoke out to CBS News, in response to the infamous Access Hollywood Trump tape, Hill said women have been saying for decades that sexual harassment is real and it is a problem. The revelation didn’t stop Trump from being elected. However, the incident did spur a national discussion. Then there was Roger Ailes, the former Fox chairman who was ousted amid numerous allegations of sexual harassment from high-profile female anchors and staffers. When the latest allegation arose against Bill O’Reilly, advocates say it brought sexual harassment “to the tipping point of public attention.” Continue reading

Plaintiff in a newly-filed federal lawsuit alleges the nursing home for which she worked failed to protect her from sexual assault by a manager with a known history of sexual harassment. nurses

The Denver Post reports her former employer in Colorado hired her  boss/ attacker in 2014, after he had just been fired from his last job at a Minnesota hospital amid allegations of sexual harassment. Despite knowing this history, plaintiff said when she reported the two instances of sexual assault, administrators responded by falsely accusing her of stealing narcotic medications and terminating her.

She is now seeking compensation for lost wages, punitive and compensatory damages and attorney’s fees. Defendant in the case is a company that owns more than two dozen nursing homes in three states. Although the company purports to value cultivating and maintaining a safe space for residents and staffers, that was not what plaintiff experienced.  Continue reading

A former engineer for the ride-sharing technology service Uber wrote a scathing blog detailing numerous allegations of sexual harassment, sexism and gender discrimination at the California-based firm. woman working

Now, the company is launching an “urgent investigation” into her claims, which included allegations that her complaints to management were repeatedly dismissed. She further asserted that a repeat offending sexual harasser was protected by higher-ups with the organization and she was threatened with termination for having the gall to raise concerns in the first place. The allegations come amid longstanding complaints that women are vastly underrepresented in Silicon Valley tech jobs.

The CEO of the company now says the company will conduct an internal investigation in response to the blog post, written by an employee who was a former software programmer. She was repeatedly propositioned by her manager, she alleges, and the reports she made to the company’s human resources division were ignored.  Continue reading

A new report by Broadly indicates many females who work as professional massage therapists report experiencing constant sexual harassment – mostly from clients or prospective clients. massage

This sexual harassment can include anything form inappropriate requests to heckling to unwanted touching, usually from male clients.

Erotic massages, which are a sexual service, are illegal in the U.S., except for in licensed brothels in Nevada, where prostitution is legal. Nonetheless, several high-profile incidents of arrests for illicit massages (a form of prostitution) has led to erroneous presumptions about what these professionals do. Legitimate therapists, who studied for their position and are certified and consider themselves health professionals, are often inundated with insults, sexual rhetoric and sleazy comments. Continue reading

A blog post written by a woman detailing sexual assault by her powerful boss in an upscale bar prompted fifteen women to come forward with their own stories – about the same man. restaurant

The blog, The Reality of Sexual Assault in the Cocktail Community, details in graphic, difficult-to-read accounts, their experiences of sexual harassment and sexual assault in the restaurant and bar industry. The homepage contains content wherein the original author explains she wants to start a dialogue about what happened, why none of them have gone public with these allegations and what can be done by women in similar situations today.

A large study conducted in 2014, The Glass Floor: Sexual Harassment in the Restaurant Industry, revealed there are more than 11 million workers in the restaurant industry, which is one of the largest and fastest-growing segments of the economy nationally. It is also the biggest source of sexual harassment complaints filed with the Equal Employment Opportunity Commission. Women are especially vulnerable in these roles, which are some of the most precarious from a financial standpoint. Approximately 70 percent of all servers are women and more than 60 percent of all tipped jobs are filled by females.  Continue reading

A sexual harassment lawsuit has been filed against a national charity employment organization and one of its affiliates, alleging the two companies failed to protect the female janitorial staff from being routinely targeted for sexual harassment by a night shift supervisor. mopping

The lawsuit was filed on behalf of five workers who worked nights, most of whom were employed by the charity organization’s contractor, which hired the workers through a federal contract to employ those with disabilities. The workers in this program suffered from severe physical, mental or psychological impairments, and were working through this federally-funded program to help them become financially independent. They were assigned to clean a federal building in Oakland, CA each evening.

The supervisor is accused of inappropriate touching and leering. He is alleged to have asked intrusive questions about the women’s sex lives and made propositions to them. He once groped his genitals in front of the female janitors – and others – so often that federal building employees reportedly gave him a crude nickname. This fact alone shows that the behavior was known – or should have been known – by higher-ups. Despite this and repeated reports, the company didn’t take any effective action to help protect these vulnerable workers, according to the complaint.  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