Los Angeles Sexual Assault Lawyer Blog

It's somewhat cliche to say that women face more sexual harassment in predominately male-dominated fields, such as law enforcement, construction or firefighting.

However, our Los Angeles Sexual Assault Lawyers know that while this isn't the only place these type of actions occur, they are notorious for a reason.

The National Forest Service has been no stranger to such allegations, having settled a class action lawsuit in 1995 affecting some 6,000 women who had filed complaints with the agency across the country. One would have thought that such a settlement would have prompted the agency to enact more stringent measures as a way of protecting its female employees.

Apparently, it didn't, as the complaints continue to flood the agency - and it appears not a whole lot is being done to address them.

The latest is a Californian, a 30-year-old former firefighter with the service. She has alleged that not only did she suffer gender discrimination and sexual harassment from a host of her colleagues and superiors, but she was actually physically assaulted on two occasions. When she reported these actions in five different complaints, she says she suffered retaliation and was ultimately fired on what she called "a trumped up charge."

According to her, she became a firefighter with the Forest Service in 2010. At the time, she had previous convictions on her record for felony welfare fraud and misdemeanor vandalism. However, she reported those convictions on her application - and she has the documentation to prove this.

She said she first began to suffer harassment before she had even completed her training. She filed a complaint, but that went nowhere. When she advanced to the higher level class, she said the harassment continued, and she was eventually removed from the academy. She was assigned to a work station in Springville. And despite her complaints to the Equal Employment Opportunity Commission, she continued to suffer the abuse.

In one instance, a co-worker scrawled that she was a "whore" on paperwork that was left around the engine bay. In another case, she reported receiving sexually explicit phone calls. She saved the voicemail of one of those calls, in which a co-worker talks about engaging in a sexual act with her. She was made to urinate along the side of the road with male colleagues, who refused to stop at a restroom for her.

When she complained, she said not only did her supervisor not take her seriously - she said he spat in her face and then tried to sexually assault her. And later, she says a male colleague approached her as she was bent over, straddled her head and neck, forced her down to the ground and began "riding" her.

That co-worker was later fired. Still, she says that was the only action that was ever taken with regard to any of it.

In fact, she was also placed on leave while the investigation was ongoing, contrary to the agency's policy.

This is reportedly not an isolated incident. In the Forest Services' Region 5, which encompasses all of California, there are reportedly at least 100 pending sexual harassment and discrimination complaints.

Advocates say the actual number of incidents is likely much higher, as these situations are widely under-reported by women who fear losing their jobs - particularly in this awful economy.

It's important for them to understand: There is help, and you don't have to deal with this alone.

Continue reading "Widespread Allegations of Sex Harassment at National Forest Service " »

It's a common misconception that the only victims of sexual harassment or gender discrimination are females.

Of course, Los Angeles Sexual Assault Lawyers know that a majority of cases do involve male supervisors and female subordinates - but it's dangerous to think that this scenario is the only "real" kind of sexual harassment.

This has been highlighted in a recent case involving top federal officials with the U.S. Immigrations and Customs Enforcement agency, a division of Homeland Security.

According to various news reports, ICE's female chief of staff has voluntarily placed herself on leave while the Homeland Security's Inspector General and the Office of Professional Responsibility conduct an internal review of allegations brought forth by a male subordinate.

Although only one employee has filed a formal complaint and lawsuit, two colleagues have filed sworn affidavits to government attorneys, bolstering those claims.

Among the allegations is that the female supervisor created a work atmosphere that more closely resembled a fraternity house than a top government office. He alleged that she and other supervisors specifically targeted male employees for intimidation and humiliation.

He said he was passed over for one promotion after another, with lesser-qualified female candidates being favored for those positions. A number of those women promoted reportedly worked directly for Homeland Security Secretary Janet Napolitano when she was Arizona governor.

Additionally, he says that his boss telephoned a male subordinate and screamed at him in crude terms that she wished to have sex with him. He says he also once overheard her ask the size of another male employee's genitals and told him he was sexy.

One of the employees who provided an affidavit spelled out a scenario in which he attended a party at the supervisor's home in which the supervisor offered to perform a sexual act on him.

Another employee offered a sworn statement alleging that he was present in a meeting when she made lewd and sexual comments to another subordinate employee.

The lawsuit alleges gender discrimination and retaliation, as he says after filing a complaint against her, he endured six unfounded internal investigations and was ultimately fired.

A spokesman for the department has fired back, calling the lawsuit claims unfounded. Additionally, attorneys with the department have asked the lawsuit to be summarily dismissed, saying it's simply an attempt to harass and embarrass officials in senior government.

However, it's interesting that the agency was so quick to respond with this comment while the internal investigation into the matter isn't even yet completed.

He is seeking some $335,000 in damages.

The Equal Employment Opportunity Commission reports that the monetary benefits for male employees filing sexual harassment complaints through their offices has increased at a steady clip in recent years. In 2004, such claims resulted in a total of $37.1 million paid out by various companies. Last year, that figure rose to $52.3 million.

These figures don't include amounts awarded as a result of litigation.

However, the agency appears to be taking on fewer of these types of cases. In 2004, it reportedly took on 13,136 such claims, compared to 11,364 claims made last year. Given that awareness of male sexual harassment has increased in recent years, these figures would suggest that victims are more frequently seeking resolution with the help of private attorneys.

Continue reading "ICE Scandal Shows Sexual Harassment Goes Both Ways" »

A former state parks supervisor has been accused of sexually harassing a subordinate and then terminating her without proper cause.

The lawsuit, which was filed back in June, involves a man who is also involved in a dust-up over an unauthorized vacation buyout program.

Los Angeles Sexual Assault Lawyers understand that while one may not have much to do with the other, that type of evidence can hamper the credibility of the accused. This is especially helpful in cases where the evidence primarily pits one person's word against that of someone else.

The supervisor in question had a cushy $100,000-a-year position, from which he resigned several months ago following an internal investigation that indicated he approved the payment of more than $270,000 in taxpayer money to workers who didn't use their vacation time.

Making matters worse, the department, under the supervisor's direction, had hoarded a stash of nearly $55 million, which it did not reveal even as it threatened numerous park closures if it didn't receive non-profit funds.

As one state senator was quoted as saying, clearly the allegations of harassment indicate that the problems within the department extended far beyond what the public might have initially believed.

According to the San Francisco Chronicle, the victim in this case filed her suit about nine months after she was fired. She said it started when she expressed concern to her boss about how previous allegations of sex harassment had been handled within the department.

In the months prior to that, she stated that on many occasions and even in front of other employees, the supervisor in question made several sexual comments to her. He reportedly talked at length about having sex and about women being injured during sexual acts. She told him it made her uncomfortable, but it didn't stop.

And when the married mother of five complained to her boss, he told her to simply ignore it. The company reportedly told her she didn't have any power, and that she was being a troublemaker.

She said she also became aware that her supervisors had knowledge of the hidden money. There was a lot of talk of an excess of cash, with regular discussions held on how it needed to be spent.

The reason given for her firing was that she had been seen participating in a fitness class after injuring her back in a car accident and going on disability leave for several months. However, she said the classes were part of the physical therapy routine prescribed by her doctor and that the department failed to conduct any form of investigation before firing her.

Handling such cases against municipalities pose several challenges. Government entities often have in-house legal counsel, where another case to litigate doesn't necessarily equate to an increase in litigation expenses. The entity can afford to defend itself, in other words. And delay is always desirable. In cases like this, where a series of allegations lead to a departmental housecleaning, it can also be more challenging to obtain records and hold the department accountable.

Each case is unique. And your best bet is always to consult with an experienced Los Angeles employment law attorney before taking any action.

Continue reading "Sex Harassment Allegations Embroil Parks Department" »

A fourth woman has come forward to allege sexual harassment and retaliation by the 70-year-old owner of the Mencarini Winery and Abundance Vineyards, saying he pulled his pants down in front of her, grabbed her between the legs and repeatedly attempted to persuade her to have sex with him.

Los Angeles Sexual Assault Lawyers know far too many work places remain rife with gender-based harassment. This may be particularly true in non-traditional employment settings. There is something about not being in an office that prompts harassers to relax their ethical and moral boundaries. They're wrong.

In this case, it was a winery. But similar complaints have been made in bars, restaurants, clubs, etc. Sometimes, it may be difficult to understand why victims stay as long as they do. The reason usually comes down to fear. Fear of losing a job you need, fear of being humiliated or fear that you won't be believed.

The fact that there are multiple complainants in this situation bolsters each of the women's cases by establishing a pattern of harassment and the creation of a hostile work environment and subsequent retaliatory action.

The first complaint was filed back in December, and it was actually on behalf of two of the workers at the vineyard.

The first alleged that she worked there for a total of one month. Her boss reportedly told her on her first day that she was pretty and grabbed her crotch. When she pushed him away, he told her no one could see them. On the second day, he reportedly came up from behind her, grabbed her hips and pressed himself against her. Other instances included the owner's demand that she allow him to "hump" her if she wanted to keep her job.

She eventually quit.

The second employee in that complaint worked there around the same time. She reportedly was also hired as an travel sales assistance. On one of those trips, they reportedly stayed at his two-room condo several hours from the vineyard. In the middle of the night, she alleged that the owner came in and attempted to sexually assault her.

After enduring several weeks of continued harassment, she complained to management, and was fired.

The third employee to file a complaint was a 25-year-old woman. The first time she met her new boss, her complaint alleges, he remarked on her breasts and asked her if they were implants. She reportedly ignored this remark because she said she needed the job.

During the interview process, owner reportedly continued to ask questions that were both inappropriate and not related to the job position.

She was eventually hired as an assistant and sales travel assistant.

While the owner was training her, she reported he drank heavily throughout the day, and then began to ask her extremely inappropriate questions about her showering habits. He then reportedly forced her into a tight embrace.

As her employment dragged on, he reportedly continued with this wildly inappropriate behavior, telling her he had feelings for her, offering benefits in exchange for sex, telling her about his sex life with his girlfriend, who had had a stroke, and texting her inappropriate messages. He would corner her in dark rooms and say things that were sexual and threatening.

When she made a comment of feeling uncomfortable to a manager, the manager reportedly asked her to submit her resignation and forward the text messages the owner had sent her.

The fourth woman to file a complaint did so just last month.

Each of the women are seeking both compensatory and punitive damages.

Continue reading "Multiple Victims in California Vineyard Sex Harassment Case" »