California Sexual Harrassment: Bosses, Subordinates and the Law

March 27, 2012, by Okorie Okorocha

A petition is circulating among students at the University of California Berkley, demanding the termination of an administrator who violated the schools' sexual harassment policy. university.jpg

Our California sexual harassment attorneys are encouraged that students feel emboldened to stand up to this issue. In fact, more than 160 signatures - and counting - have been collected.

The school's former assistant vice chancellor, Diane Leite, was recently demoted and had her pay slashed after it was discovered that she approved raises for an employee that she was sexually involved with.

And it wasn't just a single pay increase either - it was five. In fact, over a two-year time frame, she bumped the employee's pay from $78,700 to about $110,200.

While this case may not rise to the level of a civil lawsuit, the fact that a boss is sexually involved with a subordinate can certainly open the door for a California sexual harassment case. Even if a relationship appears consensual, it can leave a wide swath of gray areas and lingering questions. For example, did the employee feel he had to consent to a sexual relationship in order to receive the raises?

No such allegations have been raised, but the administrator opened herself up to them by not acting appropriately when an intimate relationship with a subordinate evolved.

While it is not against California law for a boss to be romantically involved with a subordinate, the University of California is smart to have implemented a policy that forbids it, in order to protect itself from potential litigation.

According to that policy, once the former chancellor established a romantic relationship, she had a responsibility to remove herself from a position of any decision-making regarding the career of her beau.

Because she violated that policy, Leite was moved to a research development office, and her pay was decreased from $188,500 to $175,000, according to The Daily Californian, the student newspaper. University officials have characterized the action taken against Leite as "severe," especially considering that she had worked at the school since 1982.

Many students, however, feel that isn't enough, especially considering the school's policy allows for termination when someone clearly violates the rules. The petition urges that such an egregious ethics violation should not be overlooked by the student body, and that such "corruption" shouldn't be tolerated.

Both Leite and her love interest had gone through the school's sexual harassment training multiple times - so it was not as if they weren't aware of the policy. What's more, it's alleged that Leite put pressure on another employee to rubber stamp pay increases for the person with whom she was involved. When that employee protested, saying the subordinate had not earned such a raise.

State Senator Leland Yee, D-San Francisco, has been quoted as saying that the punishment is insufficient and in no way serves as a deterrent to future cases.

If you have been the victim of sexual harassment in Orange County or in any of the surrounding areas, it is critical for you to contact an Orange County Sexual Harassment attorney. Contact the California Legal Team at (310) 497-0321 to discuss your rights.

Additional Resources:
Petition calls for firing of UC Berkeley official who gave pay raises to sexual partner, By Betsy Vincent, The Daily Californian

More Blog Entries:
Orange County Sexual Harassment Victims Can Sue Schools: C.A. v. William S. Hart Union High School District, March 13, 2012, Orange County Sexual Harassment Lawyer Blog