March 2011 Archives

Know your Rights when it comes to Los Angeles Sexual Harassment Cases

March 29, 2011, by Okorie Okorocha

Sexual harassment claims have definitely broken through the stereotypical notion in past years. The number of nontraditional cases are on the rise, causing an increased rate of sexual harassment cases in Los Angeles.

Our Beverly Hills sexual harassment attorneys urge you to report all uncomfortable behavior to your employer and make sure they take the proper actions to resolve the situation. Reportable behavior does not necessarily have to be of a sexual nature, it can include offensive remarks about a person's sex as well, reports The U.S. Equal Employment Opportunity C omission (EEOC).
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The EEOC notes that sexual harassment can occur under various circumstances, including but not limited to:

-The harasser can be anyone in the workplace; a supervisor, a co-worker, and agent of the employer, a non-employee.

-In order to be considered an act of sexual harassment, the harasser's conduct must be unwelcome.

-The harasser can be male or female and can harasser a member from either sex.

-The harasser does not have to be the person who is being harassed, but it can be anyone that is offended by inappropriate conduct.

The EEOC adds that sexual harassment includes not only unwelcome sexual advances, but requests for sexual favors and other physical or verbal harassment of a sexual nature.

In the 2008 fiscal year, the EEOC heard nearly 14,000 reports of sexual harassment, recovering nearly $50 million in benefits for victims and other affected individuals.

A telephone survey reported by Sexual Harassment Support reveals that, of 783 workers polled:

-7 percent of male employees reported being harassed at work.

-62 percent of victims took no action.

-41 percent of men reported to have been harassed by another man.

-31 percent of female employees had reported to have been harassed at their workplace.

-100 percent of the women said the harasser was a man.

-59 percent of men reported to have been harassed by a woman.

Here is a fact sheet for employees for preventing sexual harassment.

Continue reading "Know your Rights when it comes to Los Angeles Sexual Harassment Cases" »

Wal-Mart Gender Discrimination Lawsuit could have Lasting Impact on Los Angeles Sexual Harassment/Discrimination Lawsuits

March 28, 2011, by Okorie Okorocha

Wal-Mart is currently facing allegations of gender discriminating at stores across the Unites States. The company stands against the largest job discrimination suit in U.S. history, involving nearly 1.6 million current and former Wal-Mart employees, according to The Los Angeles Times.

The female employees claim they were overlooked in pay and promotional opportunities based on their sex. NBC News reported this week that one woman was told to dust off her makeup kit and doll herself up if she expected a promotion. While there are distinct differences between discrimination based on gender and sexual harassment, there are also often correlations between the two.

Los Angeles Sexual Assault Lawyers understand the importance of this case and the impact it could have on employees and employers for years to come. While a win for Wal-Mart could be a detrimental blow to bias suits, a win for the employees could prove as a landmark for equality in the workplace.

In many cases, a discrimination lawsuit in Los Angeles, Pasadena or elsewhere in California may be filed as a result of working conditions pertaining to a single store or a single manager. In this case, the suit applies to Wal-Mart as a corporation, collecting allegations from stores across the United States.

"To prove these cases, you rely on statistics. And now all the records are electronic. It's all there at a keystroke," said Brad Seligman, a sexual harassment lawyer.

A statistician hired by the prosecuting lawyer found that women make up nearly two-thirds of Wal-Mart's employees but less that 14 percent hold management positions. The statistician also found that in nearly every job category, women made less than their male coworkers, even though, on average, the women held more seniority in the positions, reports The Times.

Overseeing the case, the high court reportedly has three women on the bench. This is the first time in history the court has ever seen this number for a major sex discrimination case. Included on the bench is Justice Ruth Bader Ginsburg, who begun her career as a women's rights advocate.

Wal-Mart lawyers have pointed out that the suit is currently representing more women than the combined total of active-duty currently in the U.S. Army, Air Force, Marines, Navy and Coast Guard.

Continue reading "Wal-Mart Gender Discrimination Lawsuit could have Lasting Impact on Los Angeles Sexual Harassment/Discrimination Lawsuits" »

Sex Offender Blamed for Attempted Kidnapping at South L.A. MTA Station

March 20, 2011, by Okorie Okorocha

The Los Angeles Times is reporting that a registered sex offender is charged with attempting to kidnap a woman from a MTA station in South L.A.

The 46-year-old defendant faces a third strike under California's three strikes law, which could result in a sentence of 25 years to life in prison. He is charged with kidnapping, making criminal threats and false imprisonment.
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Our Pasadena sex crimes defense attorneys know nothing more about this case than what we have read in the newspaper. But several observations can be made. First, the defendant, who remains innocent until proven guilty, is referred to as a "registered sex offender." In fact, he will be referred to as a sex offender in all future dealings with law enforcement. It is a stigma associated with sex crimes in Pasadena and the surrounding area that is not associated with other crimes.

Secondly, he is facing a third strike -- California's three strikes law means it is critical to contest any felony charge. Violating the three-strikes law can mean a sentence of life in prison for relatively minor offenses. Lastly, and perhaps most importantly, this defendant is facing very, very serious criminal charges. Whether those same charges would have been levied had police not been dealing with a "registered sex offender" is open for debate. We would certainly argue law enforcement may have been more lenient, not to mention more prone to listening to his side of the story.

The Los Angeles County Sheriff's Office reports responding to a disturbance at the Avalon Boulevard station in Green Meadows on Thursday afternoon. Commuters had dragged a man to the ground amid reports that he had grabbed an unidentified woman from behind and attempted to drag her away.

Despite reports of being wrestled to the ground by as many as 10 commuters, the defendant freed himself and jumped aboard a train. He was arrested when the train stopped at the Imperial station. The woman fled the scene but contacted investigators after seeing the story on the late local news.

This case has all kinds of issues, not the least of which is the reliance upon eyewitness identification and the mob mentality. This guy wrestled himself free in a fight with 10 commuters. Really? Often in such cases no one story is correct. Indeed, the news even incorrectly reported that the alleged victim was a teenage girl.

In such cases, the defendant will be best served by consulting with an experienced and aggressive criminal defense lawyer in Los Angeles who understands how to defend clients against sex charges. The only thing that matters is what can be proven in a court of law.

Continue reading "Sex Offender Blamed for Attempted Kidnapping at South L.A. MTA Station" »

Pasadena School Employee facing Sex Charges involving Student

March 18, 2011, by Okorie Okorocha

A 30-year-old security guard nicknamed "Silky" is facing sex crimes in Pasadena after being accused of having sex with a 16-year-old student at Marshall Fundamental School, according to the Pasadena Star-News.

Pasadena sex offense defense attorneys are called to deal with an increasing number of cases involving school employees and students. It is important to remember that each defendant is innocent until proven guilty and is deserving of his day in court. Too often, there is a rush to judgment. Job loss is common, even before charges are proven or disproven in court. An aggressive defense attorney should always be called to handle such cases.
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Typically, the mere allegation is enough to cause a defendant extreme embarrassment. Law enforcement will often use this to get a statement. We recommend a defendant make no statements until consulting with an experienced attorney. It is unlikely you will talk your way out of charges, but it is entirely possible you will say or do something that will conflict with future defense strategy. In many cases, these types of charges will come down to the testimony of the defendant and the alleged victim. You have the right to remain silent.

Exercise it.

The Star-News reports the 30-year-old guard faces one count of sexual penetration by a foreign object, one count of contact with a minor for sexual purposes and one count of contact with a minor for lewd conduct. Authorities say the guard sent text messages to a 16-year-old student on March 3 and arranged to meet her outside of school. He allegedly picked her up in a car and took her to a secluded area. He is in Los Angeles County's Twin Towers Jail on $100,000 bail and has been placed on administrative leave.

When confronted by school district officials, both the defendant and the victim denied that any sexual contact occurred.

The school dealt with 4 sex scandals in as many years from 1998-2002. It's unclear what evidence led to the criminal charges in this case but the embarrassment of past scandals certainly puts a defendant in danger of being punished before authorities have all the facts.

Continue reading "Pasadena School Employee facing Sex Charges involving Student" »

New Wave of Workplace Behavior Causes Increased Risk of Pasadina Sexual Harassment

March 16, 2011, by Okorie Okorocha

Sexual harassment most commonly occurs as male-on-female interaction, but Fox Business reports that female-on-male harassment is on the rise. It is just as important for employers to understand their rights and obligations as it is for the employees to know the proper procedures when confronting sexual harassment in Pasadena or elsewhere.

It's estimated that six out of ten investigated sexual harassment incidents take place for no reasonable cause. According to the U.S. Equal Opportunity Employment Commission, nearly 13,000 sexual harassment cases were filed and resolved in 2010.
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Pasadena sexual harassment attorneys recognize the severity and risks of reporting violations and emphasize the importance of speaking with someone to seek justice.

Employees may be reluctant to come forward after experiencing an act of sexual harassment in Pasadena in the work place, but awareness and knowledge is encouraged by both employees and employers.


Sexual harassment statistics gathered from 782 telephone surveys conducted by Sexual Harassment Support found:

-60 percent of targets take no action when victimized by sexual harassment.

-31 percent of women had experienced sexual harassment in the workplace.

-62 percent of the targets took no action.

-59 percent of men reported to have been harassed by a woman.

-41 percent of men reported to have been harassed by another man.

-100 percent of women reported their harasser was a man.

Fox Business offers these tips for employers dealing with sexual harassment complaints:

-Discuss with your employees the proper procedure to take when presented with sexual harassment. Get the procedure on paper. Distribute it to employees.

-Make sure to address every complaint. Ignoring complaints can not only cause legal and financial trouble, but can also cause office resentment, low productivity and low morale.

-Be sure to address all kinds of harassment: hostile work environment, quid pro quo harassment, sexual harassment.

"The issue of sexual harassment is emotionally loaded because it is so personal and intense, involving both sex and power," says B.J. Gallagher, Los Angeles management consultant specializing in workforce diversity.

Continue reading "New Wave of Workplace Behavior Causes Increased Risk of Pasadina Sexual Harassment" »

Pasadena's Okorocha Firm Fights Courts Against Forced DUI Pleas

March 15, 2011, by Okorie Okorocha

Pasadena Criminal Defense Lawyer Okorie Okorocha is currently battling two DUI cases in the Orange County Superior Court, each presenting scheduling conflicts with one another. The Court refused to honor his requests to reschedule and, as West Law News & Insight reports, Okorocha argues "Judges were singling him out because of his refusal to encourage clients to plead guilty, which has resulted in a heavier caseload for the courts."

Okorocha filed a class-action lawsuit against the Marin County District Attorney, the State of California and a Los Angeles Judge, accusing the system of imposing harsher punishments on defendants who choose a trial over a plea deal.
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Okorocha handles a variety of criminal cases including DUI defense, sex crimes defense, and defense of theft and violent crimes.

"It can be frustrating for the prosecution, the court and even the defendants that these cases get delayed, sometimes for an extended period of time," said spokesperson for the Orange County District Attorney's Office Farrah Emami.

As a result of the request denial, Okorocha and his clients were forced to be present in court for ten consecutive days in a row as DUI cases were called to trial.

Okorocha fights for the constitutional rights of his clients, arguing they are stripped of these rights when a request is denied for postponement because of inescapable scheduling conflicts.

"The judge told my client he needs to switch lawyers or plead guilty if I'm not there," Okorocha told Reuters Legal.

In California, the birthplace of Mother's Against Drunk Driving (MADD), DUI lawyer Lawrence Taylor said, "There's a lot of political pressure to resolve these cases favorably." He adds, "Judges who go up for reelection do not want to have MADD say they were not tough on drunk driving."

Okorocha will continue to fight the for the rights of his clients and for just services from the courts as a knowledgeable criminal defense attorney.

Continue reading "Pasadena's Okorocha Firm Fights Courts Against Forced DUI Pleas" »

Experienced Law Firm Vital When Sexual Harassment Suit Carries Criminal Undertones

March 10, 2011, by Okorie Okorocha

The CEO of American Apparel is again facing a lawsuit alleging sexual harassment in Los Angeles, according to a report in the L.A. Times.

In this case, the allegation that he held a teen employee as a sex slave could result in a criminal investigation. Having a Los Angeles sex crimes attorney who is experienced in handling sexual harassment and other employment suits can help protect the rights of a business owner, both in the workplace and in a court of criminal law.
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Edgy, sexually provocative advertising, and the wild lifestyle of Chief Executive Dov Charney has always been part of the allure of American Apparel, which began as a t-shirt wholesaler and has gone on to become a publicly traded company known for colorful cotton clothing.

But it has caused legal problems as well, as former employees accuse the 42-year-old founder of creating a hostile work environment that includes having consensual sex with employees. For his part, Charney has claimed a sexually charged workplace fosters creativity.

Now a former New York employee has filed a $250 million lawsuit claiming Charney was a sexual predator who forced her to perform sex acts and kept her captive for hours. She was 18 at the time. The suit also claims he threatened to fire her if she didn't relent and participate.

Of the several sexual harassment lawsuits filed against Charney in recent years, none have gone to trial. The board has stood behind him; he owns 51.8 percent of the company.

Continue reading "Experienced Law Firm Vital When Sexual Harassment Suit Carries Criminal Undertones" »

"Advocates" Chasing Priests Never Convicted of Sex Crimes in Los Angeles

March 7, 2011, by Okorie Okorocha

A recent report by the Associated Press illustrates the challenges many retired priests are facing in the wake of the many allegations of sex crimes in Los Angeles.

Pasadena sex crimes attorneys understand that -- more than with any other type of crime -- the allegations of a sex crime can be devastating. Certainly a substantial number of priests have been found to have acted inappropriately with children, and they must deal with the punishment imposed. But there have also been a large number of priests caught up in the fray who are undoubtedly wrongly accused. Or whose cases cannot, and will never be, proven beyond a reasonable doubt in a court of law.
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It is those priests the Associated Press article deals with. And it is clear by the tone that some are being presumed guilty despite never having their day in court. One such case involves a 78-year-old priest who lives in a doublewide mobile home near several daycare centers and schools.

Victims advocates from Maryland to California claim these priests are a danger to society. In fact, they have no rights to make such a claim and could be held civilly liable for doing so. Here, setting aside the very real problem of priests who have abused their authority, you have the opposite problem: The passive nature of the accused in many of these cases will preclude them from asserting their rights, which will do nothing but assure that they are victimized as well. One of the benefits of hiring a Pasadena criminal defense lawyer experienced in aggressively defending clients against allegations of sex crimes is that they understand the fight must also be waged in the court of public opinion.

They have no right to confront these priests at home, in retirement. Still, the whereabouts of 200 priests accused in civil suits have been confirmed by victims advocates. Fifty former priests and religious brothers are from the L.A. archdiocese and live and work in 37 towns across California.

Advocates hope to use the information as part of a witch hunt -- it can only be called a witch hunt at this point -- to convince a judge to force the church to release the file of every priest or religious brother who has ever been accused of sexual abuse. Keep in mind the church, in the nation's largest archdiocese, has already agreed to pay a record $660 million.

The priest example is a high-profile example, but unfortunately, it is not an extreme example. Those convicted -- indeed, even those accused -- of sex crimes often face a different standard of prosecution and a different standard in public. Choosing an attorney who understands those challenges -- and who has successfully defended against them -- is critical to protecting your rights.

Continue reading ""Advocates" Chasing Priests Never Convicted of Sex Crimes in Los Angeles" »