Los Angeles Sexual Assault Lawyer Blog

It's telling that several times throughout Britney Spears' bodyguard's claims of sexual harassment in Los Angeles, the media repeatedly termed the case "bizarre" and "weird." One even went so far as to call the complainant a "pest," and the recent settlement a "pay-off."

Our Los Angeles sexual assault attorneys can't help but think that the reason it was deemed so odd - and the accuser treated so harshly - is because usually, sexual harassment cases involve women filing suit against men. When it is the other way around, there is a tendency to assume the claims aren't real, or worse, that the male victim should actually be happy that it's happening.

Of course, that's ludicrous on all counts, but it is that stigma that often prevents male victims from coming forward to make a legitimate claim. It goes to show how far we still have to go as a society in recognizing that sexual harassment exists in a wide range of circumstances.

For example, imagine the following circumstances were brought to light by a female regarding her male employer:

• The boss exposes himself to the female employee;
• The boss invites his female employee into a room where he is standing naked;
• The boss calls the female employee a homosexual slur for refusing sexual contact;
• The boss routinely failed to wear underwear - and made it obvious to the female employee and others;
• The boss ensured that a female employee would encounter him having sex with another person.

Any one of these would be taken as a very serious matter in that light. The fact that those are the allegations made by a male employee against his famous female boss should make them no less serious.

Further bolstering the claim of the 31-year-old complainant is that he is a former law enforcement officer.

The lawsuit, which was filed in the summer of 2010, was just settled earlier this month. The details of that settlement, however, have not been disclosed.

Several of Spears' guards reported they were fearful of being targeted by her sexual advances, but this one in particular appeared to catch the brunt of it. A friend of the complainant was quoted as saying that he wanted to be a good body guard, but the situation ultimately became unbearable.

What was also interesting in this case was that the complainant, in his court document, listed reasons why he was not interested in pursuing a sexual relationship with Spears. Those reasons included that she had "obnoxious" habits, such as smoking like a chimney, and that she constantly broke wind, swore loudly and often and did not practice proper hygiene habits, including bathing, brushing her teeth or wearing shoes. He also believed she was under the influence of both drugs and alcohol.

We say this is interesting because a female complainant would not have to explain why she would not want to have sex with her male employer. It would simply be understood that unwanted sexual advances of any sort are inappropriate.

Continue reading "Britney Spears' Los Angeles Sexual Harassment Case Highlights Gender Bias" »

Controversy is becoming El Camino College's middle name, following its recent settlement of a second California sexual harassment case and its fourth that has been filed within a year.

Our El Camino sexual harassment attorneys know that one case is often enough to tarnish the reputation of an esteemed university. Four seemingly signals an epidemic.

In fairness, two of those cases resulted in victories for the university when they went to trial. The other two, however, have been settled by the university for between $750,000 and $2.5 million.

Both of the latter cases, according to The Contra Costa Times, reportedly involved the same, 75-year-old individual.

Sexual harassment in a California workplace is a form of discrimination under the California Fair Employment and Housing Act. It's also illegal under Title VII of the 1964 Civil Rights Act, and retaliating against someone for refusing to submit to sexual advances in the workplace is also illegal.

Some of the quid-pro-quo situations are fairly straightforward, i.e., "Sleep with me or I'll fire you." Other situations, though, are more nuanced. For example, you file a complaint about harassment and you subsequently are forced to take an unexplained leave of absence, although the person you accused continues to work. Retaliation can also take the form of reassignment or demotion.

In the El Camino College cases, the violations appear to be quite blatant.

In the most recently-settled case, a 53-year-old administrative assistant filed a complaint that for six years, between 2004 and 2010, the ex-vice president and dean of the school started at her chest, touched, kissed and groped her and demanded she have sex with him or face a poor job evaluation or even firing. When she refused his overtures, he reportedly responded by yelling at her, taking work away from her and criticizing her work.

She was awarded $750,000.

Another woman, who has since left her position as a secretary at the school, also alleged extreme harassment at the hands of the same individual. The details of her case were even more alarming. According to her, the administrator raped her in his locked office, and offered her hundreds of dollars for sex. She was ultimately awarded $2.5 million.

The administrator in the case, who no longer works for the university, flatly denied the claims, saying the he did have a sexual relationship with his 34-year-old secretary, but it was consensual. At the time of his retirement in 2010, he had been at the school since 1975, and was earning a yearly salary of more than $140,000. He was even inducted into the school's Athletic Hall of Fame.

Given his clout within the college, it's easy to understand why two subordinates would believe him when he reportedly said he was in good with the union president, so it would be pointless to utter a word of any of it to anyone.

The two other cases that went to trial involve a discrimination case by a former female dean who alleged she was a victim of the school's "good old boys" club that stunted her career advancement and a professor who said she was pushed out for taking too many days off following a sexual assault she said was perpetrated on her by a former dean several years ago.

Continue reading "California Sexual Harassment Cases Plague El Camino College" »

This is a time of serious struggles. Finding a job is critical to acquiring health insurance, money for food, gas, electricity; basically, everything. Because there is so much competition in this current job market, employees fear that they can easily lose their jobs. Although these fears are understandable, people cannot allow themselves to be mistreated in their workplace.

Our Los Angeles sexual assault attorneys understand the struggle so many people are facing, and we are here to fight for your rights if you have been harassed in your workplace.

Dulaney v. Packing Corp. of America, et. al. is an recent appeal from a district court granting summary judgment to an employer in a sexual harassment case. This case involves a company, Packing Corp. of America ("PCA"), which is a manufacturer. It serves to illustrate the intricacies involved in Los Angeles sexual harassment and wrongful termination cases.

This appellate court discusses a very common defense used by employers in these sexual harassment cases, the Faragher-Elleth doctrine. This doctrine protects an employer where they are sued because of the harassment of an employee by a manager. It requires a nexus between the employers' actions and a tangible change in the employment of the employee. Additionally, the court says it must observe the care the employer took in preventing and resolving and harassment as well as the employee's acts to use corporate safeguards in instances where this is occurring.

Defendant had a mostly male staff in their Roanoke, Virginia facility. There was no employee on duty with a managerial job title although there was an employee who acted in a managerial capacity. Bobby Mills had the authority given to him by his superiors to assign work, send employees home early from work without pay, and discipline employees in accordance with the company disciplinary structure. This disciplinary structure required Mills to assess points to employees who misbehaved. Mills was also tasked with reporting employee complaints and misconduct to the company's management. Furthermore, Mills had sole access to the administrative section of the office during this second shift.

PCA had a general practice of hiring temporary hourly employees but offering them permanent employment after a certain amount of hours was worked. Plaintiff was hired as a temporary glue helper on the second shift in this Virginia facility. Seeking to advance, plaintiff discussed with Mills the possibility of her becoming a permanent employee. Although PCA claims Mills was not working in a managerial capacity, he ultimately extended an offer on behalf of PCA for permanent employment to Dulaney.

Once plaintiff was a permanent employee, Mills told plaintiff that he would make her life "hell" if she did not engage in sexual conduct with him. Fearing she would lose her employment, Dulaney assented and began to have sexual relations with Mills within the workplace. These encounters occurred within the sections of the facility that only Mills had access. Mills allegedly threatened plaintiff indicating that if she ever failed to cooperate with his sexual requests he would scream at her, spread rumors about her and interfere with her work. On instances when plaintiff refused Mills, she was sent home early without pay.

Subsequently, Mills began to spread sexually explicit rumors about the plaintiff which plaintiff argues made her co-workers mistreat her. Because of this increasingly unproductive environment, Dulaney reported these harassing actions to Mills' direct supervisor. This supervisor, Donnie Woodward, responded to plaintiff indicating that she should be careful because she was "replaceable." He threatened to fire plaintiff if she reported these things to his supervisor.

After significant time in this uncomfortable situation, Mills was fired. Unfortunately plaintiff was ostracized and bullied by her co-workers leading her to seek employment elsewhere. There is significant dispute surrounding the severance agreement.
Plaintiff then sued PCA and Mills for gender discrimination and sexual harassment and sought to hold them jointly and severally liable for compensatory and punitive damages.

PCA asserted the Faragher-Elleth doctrine which provides a defense for a company in cases of supervisor harassment if: if the employer exercised reasonable care to promptly correct any acts of sexual harassment and it can be found that the plaintiff unreasonably failed in taking advantage of the corporate safeguards available to avoid this type of harm. In determining whether this defense is available to an employer, the court must first evaluate whether the plaintiff suffered a "tangible employment action." This is often defined as a hiring, firing, failing to be promoted, reassignment, or a decision causing the employee to have a significant change in benefits.

The court here held that based on the facts it appears that the plaintiff was in fact fired because the conditions were made so that she could not continue to work at PCA. Therefore, it is sufficient where there is a nexus between the harassment and the tangible employment action.

Therefore, because there was still a dispute of fact surrounding the break of employment with PCA, this court found that summary judgment was inappropriate and the case should be reheard by the lower court.

Continue reading "Dulaney v. Packing Corp of America Sheds Light on What Qualifies as a "Tangible Employment Action" " »

The California Supreme Court has upheld a ruling by a lower court that gave students the right to sue school districts when they have suffered sexual harassment or sexual abuse by employees.

Our Orange County sexual harassment lawyers are pleased that the courts sided with students, which will help hold districts accountable when children are targeted by predatory employees.

School districts have a responsibility to keep students safe from sexual harassment in Orange County and throughout the state. Sexual harassment law, as defined in California Penal Code 1604.11, specifically deals with workplace harassment. The law essentially says that employers can be held liable for sexual harassment between employees if the employer knew or should have known about it, but did nothing to intervene.

Of course, schools are workplaces, so teacher-to-teacher or administrator-to-teacher harassment would certainly fall under the law's purview. Students, however, should be afforded even greater protections because often, the abuser is coming from a unique position of power.

In this case, C.A. v. William S. Hart Union High School District, the minor child sued the school district for damages following alleged sexual harassment and abuse from a school guidance counselor.

According to the suit, the victim, identified only as C.A., said that he was sexually harassed and abused by the head female guidance counselor when he was 14 and 15 years-old from January 2007 to about September 2007. The guidance counselor, under the premise of helping the student, began driving him home. Eventually, this led to her touching and hugging him, and eventually advanced into more egregious violations, including masturbation, oral sex and intercourse.

The plaintiff in the case alleged that the district either knew or should have known what was going on. If it did not, it was due to a lack of supervision and failure to have in place sexual harassment and abuse guidelines to protect students.

The school argued it wasn't responsible because the acts in question occurred off school grounds.

The court, however laid out that school administrators have a responsibility to take what would be considered reasonable measures to protect students from abuse and harassment from "foreseeable sources," which include counselors or teachers that they know or have reason to think might be perpetuating such abuse.

An attorney for the district says the ruling is going to expose districts to lawsuits that can be filed regardless of whether such allegations are true. He argued that the ruling is likely to interfere with the state's ability to educate students.

Our Orange County sexual harassment attorneys would point out: How can a student focus on any form of quality education if he or she is being harassed or abused?

Continue reading "Orange County Sexual Harassment Victims Can Sue Schools: C.A. v. William S. Hart Union High School District" »

Sexual harassment in Los Angeles is not relegated solely to the private sector.

Unfortunately, as our Los Angeles sexual assault attorneys are aware, the military has become notorious for turning a blind eye to sexually abusive behavior within the ranks.

Perhaps even more frustrating for the victims, even when such incidents are reported through the proper chain of command, is that internal investigations frequently find little or no fault.

There is reference in police work to "the thin blue line." That's the phrase used to describe the tendency of officers to cover for their own - even when it's another of their own that has been harmed. It's the same in the military, perhaps more so, and justice is often elusive.

Now, some California lawmakers are petitioning to have military sexual harassment and sexual abuse cases tried before an impartial, third-party court.

U.S. Rep. Jackie Speier, D-California, called for such a measure the same week that eight former and current military members filed suit against the military, alleging they had been assaulted, raped or harassed while serving, and were subsequently singled out by superiors after reporting the incidents.

Speier said the system is broken, called the threat of sexual assault in the military an "epidemic" and said there is a code of dishonor that punishes victims and protects rapists.

The Pentagon, on the other hand, insists that it has a zero-tolerance policy for harassment and sexual abuse. At the end of last year, a new policy was announced that allowed those who had filed complaints of harassment or assault to quickly transfer into a new unit to avoid retaliation.

But Speier and others say that isn't enough. Alarming statistics indicate that by the Department of Defense's estimates, nearly 20,000 service members were sexually assaulted or raped in 2010 alone. What's more, less than 15 percent actually report those incidents. Of those, less than 10 percent are prosecuted and a miniscule amount are convicted.

She cited as an example the case of a female Airman First Class who was reportedly raped by a co-worker who broke into her room in 2009. The alleged perpetrator was supposed to go before a court martial, but a superior officer canceled the hearing. The victim was eventually transferred to another unit, but suffers from major panic attacks.

For the eight women who filed the lawsuit, a spokeswoman says they have suffered anxiety, depression and post-traumatic stress disorder. One even attempted suicide.

Los Angeles sexual assault attorneys believe that everyone deserves to work in a place free of harassment and abuse. The fact that a superior wears a badge or a uniform should make no difference. Military members are expected to put their lives on the line in combat zones. They shouldn't face a war zone within their own units.

Continue reading "Sexual Harassment in Military Targeted by Los Angeles Lawmakers" »

A physician assistant has been awarded $168 million in her California sexual harassment lawsuit - believed to be the largest award ever in such a case.

Our Los Angeles sexual assault attorneys applaud the jury's decision to send a clear message that such behavior should never be tolerated in the workforce.

According to the Los Angeles Times, the jury sided with the assistant by ordering her former employer, Mercy General Hospital in Sacramento, to pay $42.7 million for mental anguish and lost wages and $125 million in punitive damages, or basically, to punish them.

The assistant reportedly had worked for a number of hospitals on the East Coast and in California before landing a position at Mercy, which is a branch of Catholic Healthcare West. She told a jury that while it was not uncommon for surgeons in the cardiac field to be somewhat vain and engage in what she termed "locker room humor." But this, she said, crossed the line into intimidation, bullying and retaliation - on top of the sexually inappropriate behavior.

She started the job, working with heart surgeons, in late summer of 2006. Within two years, she was fired after filing the last of 18 complaints regarding the doctors' inappropriate behavior, as well as patient care issues.

According to her testimony in U.S. District Court, one surgeon in particular targeted her relentlessly. According to her, the surgeon one time stabbed her with a needle and would repeatedly greet her in the morning by slapping her on the bottom and saying, "I'm horny." In another instance she recalled, that same surgeon broke the ribs of a patient who was under anesthesia because the surgeon was angry.

Another doctor reportedly called her a "stupid chick," demeaned her heritage and asked if she was joining the terrorist network, Al Qaeda.

Superiors at the hospital said that it was actually the assistant who was the problem. While a trial court did find her guilty of professional misconduct (which was the basis for her firing and subsequently, a denial of her unemployment benefits). The circumstances of that aren't clear. However, what we do know is that there is nothing an employee can do that will excuse sexual harassment from another party.

A Los Angeles sexual harassment attorney was quoted as saying that jurors were shocked by the entire workplace environment. Over the course of the trial, which spanned three weeks, a number of witnesses described a culture in which female employees were regularly denigrated.

Witnesses said because cardiac surgeons typically made the most money for the hospital, administrators were more willing to look the other way when it came to illegal behavior.

Sexual harassment laws are outlined in California Penal code 1604.11. Under the statute, an employer can be held liable for sexual harassment when they knew or should have known what was going on, and did nothing to stop it.

Continue reading "California Sexual Harassment Case Garners $168 Million Verdict" »

A recent case out of Washington D.C. shows us that sexual harassment in Los Angeles is not simply a problem at work.

While most of the cases stem from some kind of situation with an employee who is harassed by a co-worker or supervisor, this isn't the only place it can happen. Los Angeles Sexual Assault Lawyers recognize that sexual harassment is sometimes as much about power as it is sex.

There are people in power who have influence over others' lives, not only at work, but also in government, private businesses or in consumer settings. Workplace harassment perhaps is most common because people are working together on a daily basis and supervisors hold power over the training, promotions, assignments and other facets of a worker's life.

In this case, women's groups in Washington D.C. are fighting back against sexual harassment on the District's subway system. They say that sexual harassment is happening on buses and trains. They say that women have been harassed by other passengers and workers did nothing to stop it. In some situations, the employees themselves were doing the harassing.

Women reported being groped by strangers and reporting it to employees, who laughed off the allegations. A local group created a website that began to document incidents of sexual harassment on the public transportation lines.

Advocates are now asking for more training for employees, a public service campaign to try to stop it and a better database to record instances of sexual harassment. Groups recently testified before city council to try to address the issue.

Metro leaders have said most of their training deals with employee-to-employee issues. Leaders said that people simply giving leering looks isn't a violation of law and comments about a person's looks aren't arrestable offenses. Still, they encourage people to report these things to transit workers.

Some advocates believe that there is a difference between flirting and harassment and that can lead to a person feeling uncomfortable if the advances are continuous. That's when workers should be called on to step in.

Los Angeles Sexual Assault Lawyers believe that businesses and government entities should be held liable for these types of situations. Sexual harassment can make a person feel unsafe. When it's in a public transportation station, they can feel even more uncomfortable and vulnerable. There should be protections to stop this type of behavior.

Being a victim of sexual harassment can lead to emotional turmoil on top of the issues of feeling victimized and violated. In a workplace, it can cause lead to a major life disruption if a person must now consider finding new employment. In public, it can lead to a sense of mistrust and frustration. This type of situation is inappropriate and unlawful. These victims require strong legal representation at every stage to try to right these wrongs.

Continue reading "Sexual Harassment in Los Angeles: Can Happen At Work, In Public" »

A restaurant in Chicago is being sued for sexual harassment after 19 female employees claimed they were subjected to sexual harassment at work, the Chicago Tribune is reporting.

Many restaurants throughout the nation have built up their business not necessarily on the quality of their food, but rather their atmosphere. Hooters, for example, is famous for short shorts and tight shirts, as well as their wings. Other local businesses have seen the success they can have with this type of set up.

But where is the line between sexual harassment in Los Angeles and a sexy working atmosphere? Los Angeles Sexual Assault Lawyers believe these types of situations invite opportunities for harassment and an uncomfortable working environment.

Female waitresses and bartenders who are asked to wear skimpy clothing may be put in uncomfortable positions not only by patrons, but also bosses. As employers see that sex sells and their customers want more, they make ask employees to wear more revealing clothing or engage in inappropriate work situations simply to promote the company.

According to the news article, a Celtic-themed sports bar in Chicago that employs servers who wear revealing clothing was sued by 19 female employees. Last year, the women filed a sexual harassment complaint with the U.S. Equal Employment Opportunity Commission. The EEOC recently sent them letters authorizing them to sue, leading to a recent lawsuit.

According to the lawsuit, managers and owners allegedly created a "sexually hostile, offensive and humiliating" work environment. The women said the work environment was not only unwanted and unwelcome, but was ongoing, rather than a one-time situation.

Some examples cited in the lawsuit:

• A straw of water placed down a worker's outfit, followed by a comment, "I'm trying to get your panties wet."


• Stating to employees, "Meow, meow, you're a dirty kitty."


• Another comment, "You don't know what I'd like to do to you."

Along with alleging sexual harassment, the lawsuit also alleges the restaurant retaliated against the women who complained, giving them limited or poor shifts. Some of the women still work there, but most left before last year. The manager cited in the lawsuit was later fired.

There is a fine line in situations like these because while the theme of the restaurant may be sexiness, that doesn't mean employees and, more specifically, employers, are allowed to be inappropriate. Regardless of the clothing worn at the workplace, employees shouldn't be subjected to inappropriate comments and certainly not actions of a sexual nature.

Every company must provide sexual harassment training to prevent situations like this. Workers are there to do a job, not to be put in an awkward and frustrating situation. That's why these woman filed a lawsuit. They felt they were harassed. It will be difficult for the company to overcome these facts.

It's important for employees put in these types of situations to seek out competent legal counsel. An experienced Los Angeles Sexual Assault Lawyer can help give direction on what type of complaints or lawsuits to file and how best to proceed. Have a strong advocate by your side.

Continue reading "Is It Sexual Harassment At Restaurants Where Sex Sells?" »

A probation officer in Alameda County has been placed on administrative leave after a probation officer filed a $1.5 million sexual harassment and sexual assault claim, the Pleasanton Patch is reporting.

Sexual harassment in Los Angeles can be a serious offense because it can ruin an employee's ability to work. If a co-worker creates an uncomfortable work environment, the victim struggles to continue his or her work. The harassment needs to be stopped in order for there to be a productive work environment.

Los Angeles Sexual Assault Lawyers have seen claims ranging from inappropriate touching and conversations and emails that bring up explicit sexual discussion to actual sexual contact, as in this case. While sexual harassment cases can vary in severity, even the slightest acts of sexual harassment should be reported. This type of behavior should be completely intolerable in any work setting.

According to the news report the chief probation officer was hired after holding similar positions in Washington D.C. as well as New York City. The 38-year-old wasn't available for comment for the story.

In the claim, which is a precursor to an actual lawsuit, the probation officer alleges that the supervisor harassed her. He noticed that she had a discoloration on her neck and made several comments about it. He then called it a hickey.

In the same week, the supervisor asked the alleged victim to pick him up at the airport so that he could get a ride to a speaking engagement in Oakland. Once the woman picked him up, he instructed her to drive him to a local marina, which was empty.

When the car was parked, he allegedly grabbed her head and started kissing her. The claim alleges that the man told her "we would make some pretty babies." As the woman allegedly tried to pull away, he forcibly and aggressively groped her.

The next day, the man allegedly sent several text messages and asked her to meet him. She met him and his brother at a restaurant and again the man displayed aggressive behavior. He allegedly made her touch his groin area, which "excited" him. When she resisted, he left angrily.

The claim accuses the boss of sexual assault, false imprisonment, gender violence, battery and intentional infliction of emotional distress, assault and sexual battery. The woman claims that based on his actions, she suffered economic and mental distress.

This is an extreme example, but these kinds of actions can cause employees to have severe emotional problems. No one wants to be uncomfortable at work. The stress already present on the job can make maintaining work relationships difficult enough.

But when a supervisor or co-worker attempts or succeeds in sexually assaulting or harassing a co-worker, the stress and emotional problems are taken to a new level. This happens when policies and procedures that are put in place aren't followed. The company, as well as co-workers, can be held liable in many cases. This is a difficult situation, especially for the victim, who must now try to cope with the fact that they have been severely violated.

Continue reading "Probation Officer Put on Leave After Los Angeles Sexual Harassment Complaint" »

Big news throughout Los Angeles recently has been related to a teacher accused of blindfolding children, taping their mouths, putting cockroaches on their faces and even possibly feeding them semen on a spoon.

Two teachers have been charged with crimes related to this alleged activity. The big question is why it wasn't stopped or reported sooner. Some experts are looking to school officials to determine why policies, especially related to sexual harassment in Los Angeles, weren't followed or enforced.

Sadly, Los Angeles Sexual Assault Lawyers have seen that sexual harassment can happen in schools. Students, just like fellow teachers, must be protected from this form of harassment. Regardless of the setting, whether in government work, private business or an educational setting, no one should have to endure sexual harassment.

In schools, teachers may be tempted to flirt with students who are more advanced in age. In college, perhaps this is more of an issue than in high school or middle school.

Flirting isn't the only way sexual harassment can happen. Often, sexual harassment isn't about sex or sexual attraction, but exhibiting power. Many times, a person in power -- in this case, a teacher or professor -- can use that influence to attempt to put pressure on the student. They make inappropriate sexual references or take other actions that can make a student uncomfortable.

This puts the victim in a difficult position. For a middle school student, they may not know how to process the information and may be likely to hide what has happened. Their grades and behavior may suffer. The same could happen to high school students, though if they are older, they may be more likely to report. Still, they will have to endure rumors and pressure from peers.

In college, this could ruin a student's experience. They may be excited about their new field, but after suffering harassment by a professor they regularly see, it could cause them to transfer. With universities often protective of professors, a successful complaint could require a high standard of proof.

Not reporting it will simply allow the behavior to continue. Handling it alone, though, could be a big mistake. These topics are important to address and also are risky. Ensuring that a person is well-represented is critical.

According to news reports regarding the Los Angeles case, a veteran middle school teacher was arrested after photos surfaced of the alleged violations against students. A second teacher has also been arrested for alleged lewd acts against two girls who were 7 years-old.

One thing officials are looking at is whether proper sexual harassment procedures and training was followed by co-workers. In many situations, co-workers, as well as supervisors, are responsible for recognizing acts that could be construed as sexual harassment. There may also be times where these signs can be pointed out to protect subordinates and other clients.

If co-workers noticed something wrong but didn't do anything, they, too, could be held liable. This is why it's important for these cases to be fully investigated to ensure that rules and laws are followed.

Continue reading "Los Angeles Schools Abuse Case Brings up Questions of Sexual Harassment Policies" »

Los Angeles Sexual Assault Lawyers have seen many examples of Los Angeles-area governmental agencies that have struggled with employees and supervisors who just don't understand how to comply with sexual harassment laws.

On the one hand, some people simply don't get that making lewd comments, sending inappropriate emails or making sexually aggressive moves toward co-workers is not only wrong, but also unlawful. On the other, government entities, private businesses and all types of employers must have strong sexual harassment policies in place in order to stop such behavior from happening in the first place.

Sexual harassment in Los Angeles is an important issue and one that can divide an office, cause tension between the aggressor and the victim and make a person unwilling to work at a place that they previously loved. And unless a victim is willing to step up and fight back, this type of harassment can continue.

According to the Los Angeles Times, the Los Angeles Fire Department recently settled a sexual harassment lawsuit filed by a firefighter who claims that he was repeatedly harassed by other firefighters. The department recently paid him $500,000 to settle a lawsuit he filed against the agency.

According to the newspaper report, a firefighter and engineer with the department filed a discrimination charge in 2007, claiming that he faces continual harassment from co-workers. The man claims that the harassment started a year earlier when he sued the Los Angeles Archdiocese over alleged sexual abuse.

The Equal Employment Opportunity Commission says that when a coworker learned of the lawsuit, the man became mocked by co-workers. They would use explicit and offensive sexual and religious epithets.

Recently, the department announced it would pay the man $494,150 to settle the case. The department also will be required to enforce policies against discrimination, retaliation as well as harassment. An external EEOC complaint procedure will also be put into place for future claims. The department failed to return calls seeking comment.

While many people believe that sexual harassment claims are only filed by women, this story proves that is only a stereotype. Any person would be able to see how devastating this scenario would be to a worker, regardless of their gender.

Being sexually harassed at work goes beyond having someone send an inappropriate email or making a racy joke. Any talk of sex that makes the person feel uncomfortable or is used in a way that degrades or bothers them, can qualify as harassment. If nothing is done, it will simply continue.

An employee deserves to work with people who respect them and who are willing to follow the laws as well as company procedures when it comes to sexual harassment. They should be able to enjoy their work and what they do without feeling nervous and awkward every time they show up. Sexual harassment changes everything.

Continue reading "LAFD Settles Sexual Harassment Lawsuit With Firefighter" »

A recent story out of Connecticut is both frustrating and terrifying for our Los Angeles Sexual Assault Lawyers because it goes to show the ignorance of people in power.

In 2008, a Muslim college student, hoping to get education and certification to be a chiropractor, instead was sexually harassed by a male student. When she reported it to teachers, they urged her not to say anything. The harasser then reported the woman to the FBI, who began a terrorism investigation.

Sexual harassment in Los Angeles is a serious offense and it can be made even more devastating when officials who take these reports don't respond appropriately. Schools, businesses and governmental bodies must have sound sexual harassment policies as well as procedures in place to handle these types of situations.

A sexual harassment victim initially is frightened and feels violated and uneasy. When people who should be there to help make the situation worse, it only complicates the issue. When there are matters of religious discrimination and race discrimination as well, it can make for an explosive situation.

According to the news article, the African-American Muslim student enrolled in a university in Connecticut in 2008 just hoping to get an education. She said she was subjected to repeated sexual advances and "graphic offensive comments" by a male student.

Naturally, she went to several teachers to report the problem. Rather than help her, the teachers urged her not to say anything. She went to the university's president and dean, who allegedly told her "My hands are tied, what do you suggest I do?"

Upon hearing about the complaint, her harasser then went to the FBI, alleging that she was involved in terrorism. After learning about that, the university then expelled the woman. Two university security directors told her that someone had made allegations against her and that the person threatened to call the FBI and have her arrested.

Later, FBI agents found her and knocked on her apartment door, questioned her and left a business card, according to a lawsuit she has filed. The woman asked for special accommodations from the university, which said the sexual harassment claims had been dismissed and that she was being expelled.

The lawsuit alleges that university officials did nothing to investigate her claims of sexual harassment and then reacted poorly by expelling her based on false accusations. Because she regularly wears the hijab, she was an easy target based on her race and religion.

Imagine how victimized this young woman feels? Instead of trying to get a sound education, she probably believed she had no allies and that no one was willing to protect her rights.

Many sexual harassment victims in Los Angeles feel the same way. They are put in an uncomfortable position and the only way to ensure they are treated fairly is if proper policies and procedures are put in place and followed. A culture of sexual harassment can't exist in this day and age.

Continue reading "Muslim Student Reports Sexual Harassment, Is Expelled, Investigated" »

The former head of Hewlett Packard, based in Palo Alto, recently lost a court ruling in which he was forced to make public a letter that detailed allegations of sexual harassment in Los Angeles against him, Financial Times reports.

Our Los Angeles Sexual Assault Lawyers know this type of behavior happens in many corporate settings, where bosses are paid six-figure salaries and are given carte blanche to run a company. These executives sometimes take this power to believe they can sexually harass co-workers and subordinates.

Sexual harassment in Los Angeles is largely about power and trying to influence others' decisions. It may also be about sexual gratification in cases where sexual favors are requested or late-night rendezvous are arranged. In either scenario, it is unlawful and should be stopped.

In this case, according to the Financial Times, the former HP head, now president of Oracle, was trying to keep his relationship with a marketing consultant private. She accused him of inappropriate behavior and was attempting to make a letter about the situation public.

The eight-page letter was written by an attorney for the woman in 2010. A copy obtained by the newspaper claims that the man repeatedly tried to get the woman to engage in a romantic relationship during a two-year period while she consulted with HP. The letter states that from 2007 to 2009, on trips throughout the country and even overseas, the man would try to get her to go to dinner or stop by her hotel.

While the letter alleges sexual harassment conduct, an internal investigation found no substance to those allegations, the newspaper reports. The board did, however, look at the possibility that he was mishandling expense reports. He resigned from the company in 2010 with a severance package worth up to $40 million.

Sexual harassment can be as simple as attempting a relationship with a co-worker, or in some type of business setting, against the person's will. Even making sexually-themed jokes or sending sexually explicit e-mails can constitute sexual harassment and lead to a lawsuit.

These types of situations can spur hard feelings and an unease at work. Making co-workers or subordinates uncomfortable or asking that they perform sexual favors in order to get promoted or hired are violations of California and federal law in this area.

Most companies and businesses have policies set in place to avoid sexual harassment from happening. Still, though, this sort of thing does happen, especially in a corporate setting. The only way for this type of behavior to stop is if an employee who is violated puts an end to it. Allowing the behavior to continue in one case is going to lead to an environment where sexual harassment is not only allowed, but expected. That creates a cycle that is tough to break.

Continue reading "Allegations of Sexual Harassment in Los Angeles Made Against Former HP Head" »

A building inspector is now facing allegations of sexual harassment in Los Angeles after he allegedly asked a woman for a photo text message of her breasts, the San Fernando Valley Sun reports.

The building inspector, who was working as an unlicensed contractor, is accused of offering a woman a discount on work he was doing for her if she would send him a text message with a picture of her breasts. According to the news report, the 49-year-old upped the discount from $1,000 to $2,000 after she declined.

Our Los Angeles Sexual Assault Lawyers believe this is a prime example of how sexual harassment can happen in public, outside of a corporate setting. Many sexual harassment cases are based on inappropriate behavior by a co-worker or a supervisor in an office.

But this case shows sexual harassment can happen anywhere, and those who are accused of committing a violation can be held accountable. Whether at work, in a public setting, at another business, in school or elsewhere, sexual harassment cannot be tolerated.

According to the news report, this incident has also lead to criminal charges against the building inspector. He now i facing five charges, including attempted grand theft, operating without a license and grand theft - all misdemeanors.

The news report states the woman had already paid $5,500 to the man because she was at odds with building inspectors over work done at a day care center she runs. The man was suspended for 20 days for allegedly violating the city's Housing Department's policy and using his position for gain. But a panel found in his favor, saying his actions didn't rise to the level of sexual harassment, allowing him to keep his $104,000 annual salary job.

Court documents state the woman initiated the sexual talk with him, sending him photos that were sexual in nature, while contradictory information states he sent her sexual photos. The man allegedly said during an investigation that the woman was upset he wasn't interested in her.

The news story states the woman first turned to the inspector in 2009 because their children go to school together. This was after inspectors said she illegally turned a garage into a play area for her day care business. The inspector asked another unlicensed worker to do the work. That man told investigators that he told the defendant certain work didn't need to be done, but the defendant insisted, saying it would allow them to get more money out of the woman.

Our Los Angeles Sexual Assault Lawyers don't know how city officials could not deem this a sexual harassment case. If a person starts sending sexually-charged photos to another person without them asking for them, it's sexual harassment.

Sexual harassment is simply being put in an uncomfortable position based on someone else making sexual comments or carrying on sexually-themed conversations that aren't warranted. This can happen in a variety of ways and when it crosses a line, it's harassment.

Continue reading "Building Inspector Faces Allegation of Sexual Harassment in Los Angeles" »

The Los Angeles Times is reporting that California taxpayers dished out $120,000 to a woman who accused a state senator of sexually harassing her.

Being the victim of sexual harassment in Los Angeles is a situation no person wants to find themselves getting into. It usually happens when a person in power attempts to skirt the law, believing they won't be stopped.

Our Los Angeles Sexual Assault Lawyers have seen sexual harassment cases where the aggressor was a public official, big business executive, Hollywood big-wig or otherwise rich or powerful person who said some things or took some actions that weren't appropriate. But rather than thinking about how awkward it would be for the victim, they continued on and created a bad situation worse.

In this case, the Los Angeles Times has learned through a public information request, Sen. Roderick Wright, a Democrat from Inglewood, was accused of sexual harassment of a legislative aide. Senate leaders approved a $120,000 payment behind closed doors in an agreement they agreed required "no publicity." The settlement was made to avoid future costs and a public dispute.

The woman's Los Angeles Sexual Assault Lawyer said the actions include inappropriate behavior and comments over a period of time while the legislative aide worked for the senator. It resulted in her leaving the office. Given that there was a confidentiality clause as part of the settlement, the lawyer declined to provide more details.

The deal was signed in April 2010, but wasn't made public until recently because Senate leaders sealed the complaint and the settlement was agreed upon in secret and not as part of a public meeting.

The senator is facing six felony counts in a perjury and voting fraud case out of Los Angeles County and declined comment on the sexual harassment settlement. Senate leaders deemed the matter a "personnel matter" and declined to discuss it. The situation only came to light after the newspaper made a public records request.

Public records advocates disputed the secret settlement, saying that when taxpayers are forced to foot the bill for such allegations, they should know about it. But it is customary in settlements for many types of civil lawsuits to include confidentiality clauses. The aggressor typically wants the details of what happened to remain private in exchange for paying off the victim.

Only if the case goes to trial -- a gamble for both sides -- will details typically be made public in a sexual harassment case. It is an embarrassing situation for both sides and rarely does anyone want the facts to become public.

In this case, the public has a right to demand that if taxpayer money is being used in a Los Angeles sexual harassment case, it should be made public. But, in all likelihood, the settlement with confidentiality clause actually saved public money. Having lawyers attend years of hearings, going to trial and potentially losing could have cost much more in the long run.

Continue reading "California State Senator's Sexual Harassment Claims Settled" »