Los Angeles Sexual Assault Lawyer Blog

House v. Interline is a recent Circuit Court case that discusses the intricacies of Orange County sexual harassment cases.

Our Orange County sexual harassment attorneys understand how difficult these cases can be, and we will concentrate on getting you the justice you deserve.

Tracette House (House) was an employee of Interline Brands, Inc. (Intraline). House had a habit of violating Intraline's attendance policy by being late or absent from work. Finally, Intraline terminated Houses' employment. A month after this termination, House filed a complaint with the Equal Employment Opportunity Commission (EEOC) claiming that she had been the victim of sexual harassment, sexual discrimination, and "retaliation in connection with her employment at Interline." House alleged that she was terminated because she refused the sexual advances of two Intraline employees. Upon the receipt of this complaint, EEOC issued letter indicating that House could sue Intraline. House sued Intraline and the lower court granted a summary judgment motion on behalf of Intraline.

When filing a claim for sexual harassment, you are required to prove specific elements of your case. The plaintiff must prove that she belongs to a protected group, that she was the victim of unwelcome harassment, the harassment was on the basis of sex, by refusing the unwelcome harassment the plaintiff suffered a tangible job detriment and that the employer can be held liable on some grounds.

Therefore, the court in this case notes that in order for the plaintiff to win her sexual harassment case, she was required to provide material evidence of each of the five elements listed above. When a plaintiff fails to provide evidence that could convince a reasonable jury of her contentions then a summary judgment on behalf of the opposing party is usually granted.

Summary judgment is where the court decides on the case before the trial is over. It is provided by the court after there is adequate time for discovery and the presentation of evidence, and when the plaintiff fails to prove the critical elements of their case. The only way a party can defeat the entry of a summary judgment is by citing material that is in the court record to support their case.

In attempting to defeat a summary judgment from the court, the plaintiff in this case presented extensive evidence in the form of doctor's notes, company employee handbook, timesheets, etc. However, the court said that the evidence the plaintiff presented was flawed because it did not support any of the five elements plaintiff needed to prove.

On the other hand, Intraline presented affidavits and deposition testimony as evidence that House had never been sexually harassed. Also, through the presentation of timesheets and company records it was established that the plaintiff had been terminated because she had been chronically late or absent from work. Furthermore, Intraline provided the testimony of several former co-workers of House that stated that she tried to persuade them to lie to the court regarding the facts of this case

Because plaintiff failed to prove her case, and because the court felt that this claim was "fabricated;" the Fifth Circuit Court of Appeals entered summary judgment on behalf of Intraline.

Continue reading "The Law Surrounding the Proof Required in Sexual Harassment Cases Discussed in House v. Interline " »

Pasadena sex crimes have been filed against a man who used to run a boot camp intended for juvenile delinquents.

Our Pasadena sex crimes defenes attorneys understand that a 42-year-old, who went by the name "Sgt. Mac," has been accused of raping two teenage at the camp back in 2004.

Specifically, he has been charged with five felonies - lewd act upon a child, unlawful sexual intercourse, oral copulation of a person under the age of 16, penetration with a foreign object and forcible rape. The girls were reportedly 14 years-old at the time of the alleged assaults, which reportedly happened in December and March of 2004.

These are obviously serious crimes, and under California Penal Code 288 and 289, he is facing a 15-year prison term if convicted. For right now, though, he's being held on almost $300,000 bail.

What we don't know yet is whether these allegations are related to the so-called sergeant's work at the boot camp. However, he has been charged in a separate case of abuse in which he reportedly handcuffed a high school student who was truant, showed her a badge and told her she would be arrested if she didn't enroll in his school. Prosecutors say he extorted $100 from her family. In that case, he's facing allegations of false imprisonment, kidnapping, child abuse and extortion, and faces 12 years in prison on those charges.

Boot camps for teens often use a style of discipline that mirrors the military. The goal of these camps is supposed to be character-building and turning troubled youth away from crime, alcohol and drugs. Sometimes, young people are court-ordered to enroll.

But this camp - and others - have come under fire for their harsh tactics. Two years ago, video of this boot camp was leaked to a local newspaper. One reportedly shows a number of instructors in fatigues shouting at a young boy who is wearing a car tire. He falls down, but is ordered to stand. In another, both boys and girls were ordered to drink from plastic bottles, causing them to vomit.

What's important to remember in this and all rape cases is that the charges often sound scandalous, but we won't know what really happened until the facts come out in court.

For someone charged with Pasadena sex crimes, it's an overwhelming ordeal. By hiring a skilled Pasadena criminal defense attorney, you're giving yourself the best possible chance for a favorable outcome.

There are a few different tacks that a defense attorney can take when defending against rape.

The first of those is the possibility of a false accusation. This is unfortunately more common than one might think. An individual such as this sergeant might be especially vulnerable to a false allegation because he worked with youth and was likely unpopular. But even if his tactics were harsh - even if he was a jerk and his boot camp was ineffective - that doesn't make him a rapist. Many individuals are falsely accused of rape.

Another possible defense is consent. Now, this might not matter if the victim is under a certain age, but it's often an issue in adult rape cases.

Other times, something we will want to explore is the possibility that the prosecution simply doesn't have enough evidence to prove the allegation. Let's say there's no DNA, no witnesses (aside from the alleged victim), no other physical evidence - there's a good chance those charges may be dropped.

And lastly, we might look at whether this was a situation of mistaken identity. In this case, what if it was dark or the lighting was poor? If the alleged assaults did occur at the camp, where numerous staffers were wearing the same military fatigues, how can they be sure it was the sergeant, and not someone else?

Continue reading "Pasadena Sex Crimes Alleged Against Boot Camp Sgt." »

A panel of appellate court judges have upheld a ruling in favor of the defendant - in this case the Department of Corrections - in a California sexual harassment suit.

Our Los Angeles Sexual Assault Lawyers are of course disappointed anytime a victim of sexual harassment is on the losing end of a trial. On the other hand, we realize how difficult these cases can be to prove in court. At our firm, we apply our years of experience in this field when taking on a case. While no attorney can guarantee you a courtroom win, we can promise that our skilled lawyers will scour the details of your case - including phone, financial, computer and witness statements - to ensure you will have the best possible chance.

In this case, Manuel v. Department of Corrections and Rehabilitation, the situation involved a female prison captain, who had worked at the facility since 1979, and a warden who was appointed to his post in 2005. The captain said she was fired after complaining about the hostile environment she endured as a result of sexual harassment from the new warden.

She sued the state's department of corrections, which ultimately won at trial, and the appeals court has just held that the former captain had not sufficiently proved her case.

According to the complainant, the sexual harassment took place shortly after the warden started. The first incidents began happening at executive staff meetings, when the warden reportedly sat close to the captain, making it so his arm would touch hers and whispering various (non-sexual) comments in her ear.

After that, as part of the warden's vetting process, confidential interviews were conducted with high-level staffers. After the captain's interview, she claims the warden cornered her in a hallway and asked what she had said. While she said he didn't threaten her, she was intimidated by his size.

A few months later, the captain requested the warden's contact information to be used for professional purposes. He reportedly responded that he had a special number for her, and gave her not only his cell number, but also a hotel number.

A few weeks later, he reportedly approached her from behind and placed his hands on her shoulders, and guided her out into the parking lot to talk about a class they were both taking.

The captain said that on multiple occasions, the warden invited her to have alcoholic beverages with him, which she repeatedly declined.

Then late in that year, she said, is when the retaliation began. These included allegations that she had failed to take a drug test and other false allegations, which she says the warden knew were untrue and yet did not stand up to defend her.

She then reported the harassment to the department, and additionally filed a complaint with the California Department of Fair Employment and Housing.

She was ultimately fired.

However, an internal investigation by the prison suggested that she was fired for falsifying documents in relation to a riot that happened among prisoners. The agency claimed there were conflicted statements about what had happened, and the captain's reports didn't accurately reflect the events as they occurred.

However, whether this incident was properly documented should have no bearing on the alleged actions of the warden. It in no way gives him permission to act as he allegedly did.

In the end, the appeals court decided she had not proved that the actions taken against her were the direct result of the harassment she claimed to have suffered.

Continue reading "MANUEL v. DEPT. OF CORRECTIONS AND REHABILITATION: Ruling Stands" »

It's true that the majority of Orange County sexual harassment claims originate from issues in the workplace.

However, our Orange County sexual harassment attorneys are beginning to wonder if that's only because young students don't typically have the resources to file sexual harassment suits - or maybe their parents just don't realize what's happening.

According to a survey conducted by RTI International, students in the seventh-grade are experiencing alarming rates of sexual harassment and sexual violence at the hands of their peers.

In fact, of the more than 1,400 students, the majority of whom were 12 years-old, who were questioned, about half said they had experienced some form of sexual harassment within the previous six months. These acts included actions such as being pinched or grabbed or being the target of sexually-motivated "jokes."

Sexual harassment is considered a form of discrimination, and both federal and civil laws protect individuals from being subjected to it. Under federal law, it's outlined in Title VII of the 1964 Civil Rights Act. It holds that employers (namely, public employers, labor unions and employment agencies) are responsible for stopping and preventing sexual harassment on the job. California's Fair Employment and Housing Act essentially requires the same.

So if you work in a school district and are harassed by a teacher, that's covered. And if the aggressor happens to be a teacher or other school staff member, a recent ruling in Santa Clarita - C.A. v. William S. Hart Union High School District - allows that a student can sue the district when the school has failed to protect a student from those advances.

But if you're a student and you're aggressor is another student, the law is less clear. However, that doesn't mean you or your child don't have options.

The first thing you should do is consult with an experienced Orange County sexual harassment attorney. He or she can help you sift through the facts of the case and determine your best course of action.

Young teens are just beginning to awaken to their own sexuality, and many are often not instructed on how to behave appropriately. But that does not excuse the behavior or mean that you or your child should have to suffer it. In situations in which the teacher or school district has refused to take action to eliminate these unwanted advances that create a hostile learning environment, it becomes even more important to retain the services of an attorney.

The RTI study also took it a step further to analyze dating violence among seventh-graders, and discovered that, too, was occurring at an especially alarming rate. While 75 percent of these 12-year-olds reported having already had a boyfriend or girlfriend in the past, about 1 in 6 said they had suffered some form of violence from that person. More than 30 percent said they had been harassed by a romantic interest via social media channels, such as Facebook.

Continue reading "Orange County Sexual Harassment Among Students: A Growing Phenomenon" »

Orange County sexual harassment attorneys have been closely following a case involving a Minnesota school district accused of overlooking sex-based harassment among students.

While those who have alleged discrimination or sexual harassment in Orange County ultimately have the protection of the California's Fair Employment and Housing Act, often those guidelines are viewed as solely related to workplace activities and housing considerations. It provides that a person can not be harassed or discriminated against on the basis of gender, pregnancy, race or sexual orientation.

This case in Minnesota basically takes aim at bullies in schools who target gay, lesbian, bisexual and transgender students - creating what essentially amounts to a hostile learning environment for some children.

Here's what The Los Angeles Times is reporting:

The Anoka-Hennepin school district, located in a suburban Minnesota town, has come under fire following a spate of suicides by a number of gay teens - in fact, nine in all.

Since 2009, the school district had a policy called "the neutrality policy" that required teachers engaged in classroom discussions about gay issues to remain neutral. Opponents had said this fostered an anti-gay sentiment within the district. Those who supported the measure said it prevented gay activists from "recruiting" students into what they considered a risky and dangerous lifestyle choice.

In late 2010, the U.S. Justice Department and U.S. Department of Education stepped in and began investigating complaints of anti-gay bullying in both the high schools and middle schools.

A federal lawsuit was ultimately filed against the district on behalf of six student plaintiffs, alleging the district had not done enough to protect gay students - or those who had been perceived as gay - from harassment and bullying. They suffered from what they said was a hostile, anti-gay environment.

Last month, the district's board voted to rescind its neutrality policy (with one board member dissenting). One parent even went so far as to say that not only was that move a disappointment, but that this would open the floodgates to homosexual propaganda within the schools.

Now, the board has voted to accept a settlement that will not only pay $270,000 among those six students, as well as take more proactive measures to protect students. Those include hiring experts in sex-based harassment to look over the district's policies and procedures and bringing on mental health experts who will work with bullying victims. Additionally, both the Justice Department and the Department of Education will be monitoring the district for the next five years to ensure it is following through with all the terms of the settlement.

The lone dissenting board member resigned in protest.

U.S. Attorneys General in Minnesota hailed the settlement as the most detailed agreement that the Justice Department has reached with a school district on the issue. They added that harassment and bullying in schools is something that no young person should have to endure - particularly on the basis of his or her sexuality.

Continue reading "Orange County Sex-Based Harassment in Schools: A look at a Minnesota Case" »