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" »

Large technological firms, particularly those in Silicon Valley, have long been described as "boys' clubs," where gender discrimination has prevented women from advancing far in their field.

This was further underscored when Marissa Mayer was named Yahoo's new CEO, which several media outlets colored as being a monumental crack in that notorious glass ceiling.

Now, a lawsuit filed against a prominent California firm alleges not only gender bias but also sexual harassment at one of those firms against a Harvard-educated female employee.

While the details so far revealed about this case make it particularly interesting, our Los Angeles Sexual Assault Lawyers know that the basic principal remains the same: Title VII of the Federal Civil Rights Act bars companies from engaging in discrimination based on gender, and sexual harassment is illegal under both state and federal statutes.

This case involves Caulfied & Byers, a billion-dollar investment firm that made its money investing in companies such as Amazon and Google. Senior partners in the firm include such high-profile figures as Colin Powell and Al Gore. They, however, are not at the center of this controversy.

A junior partner at the firm, a 42-year-old woman who has worked there for seven years, alleges that she and other females at the firm were blocked from advancement opportunities and promotions in order to award those posts to male members. She further contends that she personally suffered sexual harassment by at least two different employees, and that a pervasive culture of sexually offensiveness created a hostile work environment for her and other female workers.

She continues to work at the firm while litigation is ongoing, and the company has called her accusations baseless. While the company maintains that a quarter of its senior partners are in fact female, that wasn't the case for much of the firm's history, dating back more than three decades.

The complainant, who has undergraduate degree from Princeton and a law degree and masters of business administration degree from Harvard, said she was hired in 2005 as a junior partner and told she could advance within three years if she performed well in her post.

But early on in her position, she reportedly engaged a handful of times in consensual sexual relations with another junior partner at the firm, who was married. She said when she broke it off, he harassed her for the next five years. That harassment reportedly included leaving her off of important e-mail correspondence and withholding from her certain critical information that would have been vital to her success at the firm.

She said she complained to her supervisors, but nothing was done, and in fact, her supervisors began to exclude her as well. She says one even suggested that she marry her harasser. There were private business trips and dinner parties that she contends she was purposely excluded from. Regarding one dinner party, she was told that they were solely for the men at the firm because women were a "buzz kill."

While her alleged harasser was promoted, she never advanced.

Then in 2007, she says another senior partner on Valentine's Day sent her a book of pictures and poems that contained sexually explicit content. The firm counters in court records that the gift, which was actually from the partner's wife, was misunderstood.

The woman's lawsuit does not contend that the sexual relationship she had with the other junior partner was anything but consensual (not a Quid Pro Quo situation). However, a relationship with a co-worker, while perhaps professionally inadvisable, does not open the doors for an allowable level of sexual harassment in the office.

The case is currently in a phase of private arbitration.

Continue reading "Sexual Harassment, Gender Bias, Alleged at Large Tech Firm" »

Bars and restaurants have a long history of sexually-themed gimmicks to try to get customers in the door.

But these establishments cross legal boundaries when they impose sanctions or criteria on one sex over the other.

That's what happened to one Los Angeles woman who is suing her former employer for imposing a dress code on female employees that included short schoolgirl skirts.

Our Los Angeles Sexual Assault Lawyers know that the courts have typically upheld the rights of a business to enact a dress code in general. However, it does not give them the right to impose dress codes that some employees - particularly females - consider demeaning.

With specific regard to the issue of gender discrimination, back in 1989, the U.S Supreme Court decided a case called Price Waterhouse v. Hopkins . In that decision, the court held that under Title VII, employers could not penalize employees for failing to conform to certain gender stereotypes.

The case is further bolstered if it applies solely to one sex.

This recent lawsuit is more of an issue of retaliation. The federal Equal Employment Opportunity Commission bars employers from retaliation against employees who file a complaint for discrimination. Retaliation is defined as when an employer fires, demotes or harasses someone for engaging in this protected form of speech.

In this case, the former waitress is claiming wrongful termination, sexual harassment and unpaid wages.

According to her lawsuit, the 23-year-old said she had been employed at a Los Angeles bar/restaurant since 2007. When she started, the dress code allowed her to wear pants and a blouse to work.

However, back in October, one of the restaurant's co-owners cooked up a plan to boost sales: skin-tight, short school girl skirts, which were held together by a thin strip of Velcro. Making it worse, the plaintiff maintains, was the fact that restaurant owners strategically placed fans on the floor throughout the establishment, so that the waitresses' skirts would blow up, exposing their bottoms.

At first, the waitress thought it was a joke. But when she realized the owners were serious, she tried for a short time to wear the uniform. However, she found it completely demeaning.

Adding to the atmosphere of objectification, she says, was a bar policy that included rating female patrons on a scale of 1 to 10. Those who ranked six or higher were awarded a free shot of liquor.

The waitress says she wasn't the only one to be appalled at the policy and the new dress code, but she was the only one to file a formal complaint with management about it. In response, the dress code was dropped.

The issue may have ended there, but subsequently, the waitress says her hours were cut significantly and a few days later, she was terminated.

The restaurant's management has said that she was not fired - she quit - and that her claims are without merit.

Presumably, though, there are other employees who can testify to the dress code details and other facts.

Continue reading "Waitress Takes Restaurant to Task for Skimpy Dress Code, Retaliation" »

Sexual harassment is often just as much about power as it is about sex.

Los Angeles sexual assault attorneys understand that the retaliation that often results from speaking out about the original actions is often a further display of that power. But it's not right, and you do have legal recourse - no matter how powerless the entire ordeal has made you feel.

A 17-year-old immigrant female farm worker and others working at a California vineyard experienced this scenario first hand - and can now claim victory, following a $350,000 settlement that includes the company's agreement to revamp its sexual harassment training and policies - not only for supervisors, but for thousands of migrant workers as well.

According to the federal lawsuit, EEOC v. Giumarra Vineyards Corp., brought forth by the U.S. Equal Employment Opportunity Commission to the U.S. District Court for the Eastern District of California, there was a hostile work environment toward female employees at the farm, which is known for growing grapes, as well as an array of produce from zucchini to apples.

The complaint indicated that the teenage worker had been sexually harassed by a co-worker, who repeatedly made sexual advances toward her, made graphic requests for her to have sex with him and made offensive and inappropriate comments about his anatomy to her. The teenager told him his comments were unwelcome, asked him to stop and tried her best to avoid him. It did not stop.

The teenager and three other workers subsequently went to management to complain about the actions of the co-worker. Rather than taking action against the offender, the employer subsequently fired the female workers who had complained.

The EEOC sued for sex discrimination and retaliation.

The case had been scheduled for a trial, but the farming company agreed to settle instead.

Part of that settlement payment will go toward advancement of training on sexual harassment and sexual harassment retaliation for existing workers, new employees and administrative staff. Additionally, human resources staff at the company will undergo annual training on how to appropriately handle such complaints, the EEOC stated.

Altogether, it will mean training for some 3,000 employees by a third-party trainer. Other measures include new policies at the company addressing anti-discrimination, as well as complaint procedures that will be available and clearly outlined in several languages. Additionally, a full-time human resources professional will be hired to handle complaints of discrimination at the farm.

Although we do typically think of sexual harassment as occurring within an office setting, migrant workers are among the most vulnerable for this type of abuse - simply because their harassers exploit the fact that these are women who have little education and few options.

But they are not powerless. Let us be your voice.

Continue reading "California Migrant Farmer Sex Harassment Case Settlement Reached" »

A top Orange County official has been fired amid allegations that a former subordinate sexually harassed a string of female co-workers, ultimately leading to 12 felony charges in some of those cases.

The county's public works director was terminated the week after a former employee was criminally charged in the attempted sexual battery, stalking and false imprisonment of seven of his female subordinates over a period of eight years.

Our Orange County sexual harassment lawyers know that this is an extreme example, but sexual harassment is not uncommon in workplaces, and scenarios can even sometimes rise to the criminal level. In those situations, at the conclusion of the criminal trial, victims can also move forward to seek civil penalties - even if there wasn't enough evidence to convict the defendant criminally.

Sexual harassment victims should consider additionally pursuing legal action against their company or organization, particularly if there is evidence that higher-ranking officials overlooked the harassment once informed of it. The fact that county officials are taking action to fire at least one supervisor will only help to bolster any future civil cases.

In this case, according to the Los Angeles Times, some of the alleged incidents happened on government property, often in the office of the accused.

Attorneys for the fired official, unsurprisingly, railed that he was being thrown under the bus. But the fact of the matter is, organizations have a responsibility to have clearly-established sexual harassment policy guidelines and to ensure that those in charge are enforcing them. When that doesn't happen, swift action is advisable.

Not only has the public works director been fired, but there is talk that the county's chief executive officer may lose his job as well.

At issue for them is the fact that the county CEO received at least two anonymous letters detailing some of the allegations against a former county administrator in the public works department. Those included accounts of the administrator luring female employees into his office, saying he needed to discuss work-related matters. Instead, according to the women, he would sexually assault them by hugging and kissing them and pressing his body against theirs. He allegedly told one employee that it was pointless to scream because his walls were soundproof.

The county CEO reportedly instructed the public works director to "informally investigate" the matter. That resulted in questioning of some of the women by a human resources staffer. However, because their claims reportedly could not be corroborated by outside evidence, no action was taken and the administrator continued to hold his county position.

Prosecutors have been quoted as saying that investigators will continue to press forward in determining whether others were responsible for dropping the ball in this case. Their findings in this regard will no doubt have at least some bearing in the future civil cases that will inevitably arise.

Continue reading "Firing of O.C. Official in Sex Harassment and Assault Case Boosts Future Civil Cases" »

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" »

He was a fire chief who became a ballroom dance instructor. In both roles, he has been accused of sexual harassment in Orange County.

Our Orange County sexual harassment attorneys are dismayed to learn that an individual who acted inappropriately toward adult employees was then placed in a position of trust as a dance instructor working with children.

According to The Orange County Register, the 53-year-old suspect has been arrested on a charge of child annoyance, after he reportedly sent sexually explicit text messages to a student, who is 15. In the past, he was accused of sexual harassment toward a younger female paramedic.

The newspaper reports that the defendant, of Cerritos, used to be the fire chief at La Habra Heights Fire Department. While in that role, a paramedic sued the city, saying she suffered repeated gender discrimination and sexual harassment, as well as libelous comments - all from the defendant.

In her civil complaint, which was filed in 2008, the paramedic reported that the chief sent her some form of communication, apologizing to her for "making her feel bad," saying he would make it up to her by "making her feel good," with a promise to make her feel "Like you have never felt before." It ended with the plea: "Love me."

The complaint also details how the chief often talked about his private life and sexual ventures. He even once asked her to rendezvous with him at a local hotel to engage in sexual activity.

The chief, who had worked with the department since 2002, resigned at the end of 2008. By the following summer, the city reached a confidential settlement agreement with the accuser. An insurance company check was made out to the accuser in the amount of nearly $400,000.

After that, the former fire chief landed a job working as a part-time dance instructor at a Santa Ana public charter school, where there are more than 1,500 students attending middle and high school from dozens of cities throughout Southern California. School officials say they conducted a background check, but found nothing that would have raised any red flags. During that time, he met the 15-year-old student, and court records indicate that he worked to gain her trust.

Then, starting last fall, he reportedly began sending sexually suggestive text messages. He texted her details of his personal life and his romantic relationships. He then asked if she would be his girlfriend.

The texts weren't discovered until other students began to comment that the relationship between the two was odd.

The school subsequently placed him on leave and he was ultimately fired in mid-January.

Under California Penal Code 647.6, a charge of child annoyance is a misdemeanor. The maximum penalties he faces in the criminal case are 1 year in jail and lifetime registration as a sexual offender.

Our Orange County sexual harassment attorneys hope that this individual's next employer does a more thorough background check, as everyone deserves the right to work and study in a harassment-free environment.

Continue reading "Orange County Sexual Harassment Case Involves Repeat Offender" »

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.

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.

Continue reading "California Sexual Harrassment: Bosses, Subordinates and the Law" »