Articles Tagged with sexual harassment

The allegations against Hollywood entertainment executive Harvey Weinstein have become increasingly ghastly in recent weeks. Increasingly more have come forward to report decades of harassment – and in several cases, blatant sexual assault – at his hands. The legal ramifications of this conduct are not limited to Mr. Weinstein himself. The emerging facts indicate that Weinstein Co., the executive’s famous production company which has become a pillar of the Hollywood business industry, will also be subjected to civil liability for the crimes committed by its disgraced leader.

Los Angeles employment lawyers
Employment attorneys know that such instances of sexual harassment and even sexual assault in the workplace are not isolated. They occur in all industries, at all levels of employment. The question of whether a company can be sued for sexual harassment depends on a myriad of factors, and talking with a skilled employment law attorney can help you sort through your legal options.

When Can a Company Be Liable for the Conduct of Its Workers?

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

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

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

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

Donald Trump, the Republican Presidential nominee, caused a stir (again) by answering a reporter’s question about sexual harassment by saying that if his daughter Ivanka were to face it, he would, “advise her to find another career or find another company.” Attempting to clarify his father’s remarks, son Eric Trump said his sister, “wouldn’t allow herself to be subjected” to sexual harassment. woman

These comments came soon after Fox News chief Roger Ailes was accused of sexually harassing a slew of current and former female staff members, including one-time Fox & Friends host Gretchen Carlson.

Wherever you stand politically, it’s necessary to point out that victims of sexual harassment should not have to change careers or jobs because of the illegal behavior of their co-workers. Sometimes sexual harassment victims do end up taking this course of action when the abuse and/or harassment becomes so severe, though it’s worth noting that not everyone has the option of such fluidity in their jobs or careers. Beyond that, some don’t want to leave their jobs or careers, either because they love it or they need the money. Those who find themselves forced out of the workplace or having suffered some other negative outcome on their careers. In those cases, it is absolutely worthwhile to explore a sexual harassment lawsuit.  Continue reading

Sexual harassment in the workplace is still a big problem in California and across the nation. According to a recent news article from Main Street, despite high frequency of workplace sexual harassment incidents, employees are often too afraid to report when they are harassed out of fear it will have consequences for their continued employment and advancement. This fear of reporting means victims are not telling supervisors, filing lawsuits, or taking part in lawsuits others have already filed.

sadness1A spokesperson for the Equal Opportunity Employment Commission (EEOC) says, according to studies and other reports, one of out four women working in the United States is a victim of sexual harassment. This includes women working in the lowest paid jobs as well as the highest paid jobs at equal rates. It should be noted, some of these numbers are merely estimates, at it is difficult to form an accurate accounting, even through anonymous surveys, since many women are afraid to disclose they were sexually harassed at work. Supervisors, co-workers, and even third-party contractors and vendors perpetrate many of these sexual harassment incidents. Continue reading

A woman who was fired by her boss for being sexually “irresistible” will have her lawsuit re-examined by the state supreme court in Iowa,  following the court’s almost unheard-of move of unanimously withdrawing its earlier ruling  in the case. people3

Our Costa Mesa gender discrimination lawyers are pleased to hear that this is something the court is reconsidering. Although the ruling never had a direct impact on California workers, the precedent it set for future cases was deeply troubling.

According to media accounts, the plaintiff worked for 10 years as a dental hygienist in a small office with a boss with whom she got along well. However, she said she was blindsided one day when he told her she was fired because she was a threat to his marriage because she was “irresistible.”