Los Angeles Sexual Assault Lawyer Blog

Allegations of sexual harassment and misconduct have prompted the mayor of San Diego to announce that he would submit to two weeks of intensive behavioral therapy, but he has refused to step down from his seat.

Our Pasadena sexual harassment lawyers understand the 70-year-old mayor, who has been besieged in recent weeks by the allegations, called a news conference in which he apologized to his supporters, his staff, the city and "the women I have offended."

In all, seven women have accused the mayor publicly of sexual harassment. All of them, as well as the the San Diego County Democratic Party, are calling for him to resign from his post.

Instead, he talked about receiving therapy in seclusion, though he reiterated he intended to be briefed each morning and evening about what is happening with the city so that he can continue to make key decisions. He declined to name the treatment facility or explain who would be footing the bill.

To most, it seems like more of a holiday than punishment for harassment. The mayor seems to be living in some alternative reality if he thinks this will right all past alleged wrongs.

Here's what he -- and others who perpetuate this behavior -- need to understand: Sexual harassment is illegal. This is true regardless of whether the instigator admits to wrongdoing.

The mayor concedes he failed to respect women, and over the course of many years engaged in conduct that was intimidating, inexcusable and wrong. He rightly asserted that such actions have undermined what he has spent the bulk of his professional career working toward.

He acknowledged "inappropriate behavior," but insisted that it did not amount to sexual behavior.

Given his age, it's likely that when the mayor entered the workforce, he became acquainted with an atmosphere in which sexual harassment was much more common and, if not entirely accepted, at least tolerated to a degree.

That is no longer the case today, and a two-week hiatus and an apology is not going to be considered a just outcome.

Among some of the allegations being lodged:

• The mayor allegedly asked the one-time communications director to work without panties. He reportedly demanded kisses, told her he wanted to see her naked and dragged her in a headlock while whispering into her ear.


• Another woman said the mayor patted her buttocks.


• A former school psychologist reported that the mayor attempted to kiss her during a meeting regarding a child's welfare. The mayor reportedly told her that her eyes had "bewitched" him.


• The president of the city's Port Tenants Association alleged that, when the mayor was running for office, he had groped her.


• A businesswoman alleged the mayor put her in a headlock and attempted to kiss her. She turned and he slobbered all over her chin.


• The city's former chief operating officer reported the mayor ran his finger up her cheek and asked her if she had a man in her life.


• A dean at San Diego State University reported numerous interactions in which the mayor held her too close, kissed her inappropriately or put his hands on her knee in an inappropriate and uncomfortable fashion. She also reported he was generous with sexual innuendos during conversations.

Thus far, one sexual harassment lawsuit has been filed against the mayor. We suspect more will come, and we have serious doubts about his future political viability.

Continue reading "Southern California Sexual Harassment Case Has Mayor in Hot Seat" »

A bipartisan effort has led to the formation and U.S. Senate passage of a new immigration reform bill, which will now go before the House of Representatives.

While it's uncertain whether the measure will gain enough support to pass, our Los Angeles Sexual Assault Lawyers know that its success thus far has given countless undocumented immigrants across California and the nation a reason to celebrate.

For too long, these individuals have been without a voice, subject in many employment arrangements to some of the worst treatment: long, grueling hours, disparate pay and even sexual harassment and sexual assault.

The latter is a major problem that has existed for many years. And for many years, these victims, mostly female, felt as if they had no choice but to endure. They were threatened with the loss of jobs they desperately needed to feed their children. They were threatened with being reported to immigration authorities. And sometimes, they were threatened with further violence.

Sexual harassment and sexual assault are under-reported crimes. When these actions are thrust upon undocumented farm workers, such wrongdoing is even less likely to be reported. Many are uneducated, in a foreign country where they don't speak English and with little understanding of what sexual harassment is, let alone what rights they have to end it, or to seek justice for what they have endured.

In some cases, the abuse is verbal. Other times, that's just the beginning.

One female farm worker from Salinas, a 40-year-old grandmother who has been toiling in extreme conditions throughout her adult life, is one of the few to speak up. Seven years ago, she was raped by her supervisor. That was the culmination of months of sexual harassment that began with him making sexual innuendos toward her. She tried her best to ignore him. He would ask her for a massage. When she refused, he would try to humiliate her in front of her coworkers.

Then one day, he told her he needed to pick up some boxes as they were headed back from the fields. He turned off into a secluded section of the farm. That, she says, is where he attacked her.

She describes feeling numb, saying she couldn't scream because she was stunned and unsure of how to react.

When it was over, she was afraid to report it to her supervisors. She was forced to see and interact with her rapist daily. Finally, she spoke out and filed a complaint. She was subsequently fired.

She responded by filing a civil lawsuit against the grower. The settlement that was ultimately reached was confidential, meaning she is barred from naming the grower or the amount she was paid.

But she won. She refused to stay silent or back down.

The immigration reform bill is a chance for more undocumented workers to come out of the shadows, to find their voices and to seek justice.

We can help.

Continue reading "California Farm Workers Face Severe Sexual Harassment, Assault Threat" »

The Los Angeles Unified School District failed to stop its superintendent from sexually harassing a male subordinate, according to a recently filed lawsuit.

Our Los Angeles Sexual Assault Lawyers understand that the district is also accused of sexual discrimination, public disclosure of private facts and intentional and negligent infliction of emotional distress.

If this case sounds familiar, that's probably because it's been in the spotlight for the last year.

The manager, who continues to serve as the director of leasing and asset management, was hired by the district back in 2000. His lawsuit alleges that this is when problems first began.

The former superintendent reportedly did not require the claimant to be interviewed or go through the normal hiring procedures that the district requires.

This fact should have been a red flag to other school administrators of the superintendent's ill intentions, the claimant says, calling such action an "abuse of authority."

In the fall of 2010, the plaintiff alleges that he was invited to the superintendent's ranch home for the weekend. Although the request made him uncomfortable, he felt that because it was extended by his boss, he had little choice.

While there, the plaintiff says that the superintendent exposed himself to him and then proceeded to sexually assault him.

The superintendent would later say the interactions were mutual.

On at least three occasions, the plaintiff says he complained to the district, the final time alerting the district's general counsel after the superintendent had begun calling him at home. The plaintiff lodged a complaint. Nothing happened. No investigation. No reprimand.

In fact, the district urged him to simply drop it. As the plaintiff put it, the general counsel "actively lulled (him) into silence" by stringing him along, yet refusing to actually initiate a sexual harassment investigation.

By March of last year, the plaintiff had had enough. He filed a notice that he would be filing a claim.

Within two months, the school district had announced the Board of Education had agreed to settle for $200,000 with the manager, as well as to provide lifetime health benefits, in exchange for his resignation. But there was a problem: The claimant says not only did he not sign off on that deal, the district actively engaged in public shaming by naming him in a press release, something he believes was done maliciously.

The public fall-out of this action was brutal, with the plaintiff subjected to widespread public scrutiny and humiliation.

While the plaintiff had initially filed a lawsuit directly against the superintendent, that was later dismissed on a technicality. This new lawsuit names the district directly.

The 79-year-old superintendent retired the year after the alleged incident occurred.

The plaintiff is still working at the district, though it's unclear how long that may last. He says that not only have his work-related responsibilities been slashed significantly, but the district has also been retaliatory, on several occasions attempting to fire him.

Continue reading "Sexual Harassment Prevention Failures by LAUSD, Manager Says" »

For anthropologists and graduate students who aspire to the career, the chance to engage in fieldwork is viewed as a golden opportunity.

However, a new survey conducted by a female anthropologist at the University of Illinois reveals a much darker side of these journeys.

Our Los Angeles sexual assault attorneys understand that of the hundreds of female survey respondents, nearly one quarter said they had endured some form of unwanted sexual contact or physical sexual harassment.

The vast majority of the victims were female, though a few males did respond that they too had been victimized.

The primary aggressor in these situations were either colleagues who were higher up on the professional ladder or in some cases, the mentor of the victim.

The study was born out of a conversation that the primary researcher had with a female colleague. A male colleague had raped her while the two were in the field on assignment. When she reported the incident to her mentor, he simply urged her to remain silent, if she wanted to continue advancing in her career.

The study author then began maintaining a blog, where she allowed fellow anthropologists to anonymously submit stories of how they had been sexually harassed or sexually assaulted in the field. It was a way to open the eyes of her colleagues as to what was going on.

For some of those who responded, they reported harassment and abuse that went on for years. One said that she has been questioned about why she didn't leave or speak up sooner. She said like so many others, she had invested years into the research and into her graduate program. Changing professors would have meant a significant delay in graduation. Others in the field may think her unreliable. New professors will want to know why it was she left, but it would be a tough question to answer. If she leaves, she could have a tough time getting a recommendation from her old professor. That's going to limit her options.

The study, which was recently presented at the yearly American Association of Physical Anthropologists meeting in Tennessee, was a way to take all of this a step further.

Among the findings:

• About 30 percent of both men and women reported that verbal abuse with regard to inappropriate or sexual remarks at field sites was experienced either regularly or frequently.


• With regard to inappropriate sexual remarks, 63 percent of female anthropologists answered that they had personally experienced this. About 40 percent of men said the same.


• Nearly 25 percent of women said they had experienced unwanted physical contact or physical sexual harassment on a field site, while a small percentage of men said the same.


• Less than 20 percent of these incidents involved the people within the community where the study site was located. Rather, the primary abusers were within the team of researchers, usually by someone higher up professionally.

Our Los Angeles Sexual Assault Lawyers want victims to understand that they are not alone. Even if the harassment occurred outside the country, the perpetrator, the school and others may still be held accountable for failing to prevent, failing to address and retaliation.

Continue reading "Report: Sexual Harassment Rampant in Anthropology Fieldwork" »

A current lieutenant with the Los Angeles Sheriff's Department has filed a civil lawsuit against the agency, alleging sexual harassment, sexual discrimination and retaliation.

Our Los Angeles Sexual Assault Lawyers are representing the lieutenant, who was subjected to severe and prolonged harassment by her former supervisor. After four years of trying to ignore, deflect and tell him in no uncertain terms his advances weren't welcome, she filed a formal complaint.

The conduct of Commander Joey Fennell was in clear and direct violation of California's Fair Employment Housing Act, which holds that employers have a responsibility not only to prevent sexual harassment, but to ensure complainants aren't subjected to retaliation as a result of their complaint, which is a protected act.

The lieutenant is suing not only the sheriff's department, but the county of Los Angeles, as well as the individual supervisor, Commander Fennell, who subjected her to this crass and illegal treatment. She had worked for the agency for four years. During that time, she was harassed, stalked, threatened and retaliated against by her boss, who was reportedly relentless.

Interestingly, the Sheriff's Department has a long history of such behavior, as evidenced by two previous lawsuits - Bowman v. County of Los Angeles and White v. County of Los Angeles. Yet it seems the sheriff's department turned a blind eye to this behavior, as he continues to remain on the job.

In vulgar terms, the supervisor would demand sexual favors from the victim, saying that her cooperation would make her work life "better for her." When she did not concede to his demands, he allegedly did in fact make life worse for her. Her refusals resulted in something he termed, "freeway therapy," which meant she was forced to work as far away from her home as possible. Even then, he tried on numerous occasions to coerce her into spending time with him.

This was an individual who had the authority and discretion with regard to the plaintiff's hiring, transfer, promotion, assignment, reward, discipline or discharge. He also was responsible for oversight of grievances and the details of her daily work.

The defendant reportedly threatened the lieutenant with loss of future promotions if she ever revealed the extent of his sexually explicit communication with her, saying that his wife would, "wring his neck" if she ever learned of it.

Not only did the plaintiff suffer economic losses in terms of her job, but she has suffered - and continues to suffer - from severe anxiety, depression, humiliation, mental anguish and even physical injury, some of which has cost her in terms of medical expenses. She is seeking compensatory, as well as punitive, damages for this infliction of harm.

DFEH holds that employees in the state of California have a right to work in an environment free of:

• Unwanted sexual advances;


• Offers of employment benefits in exchange for sexual behavior;


• Threats of reprisal for negative responses to sexual advances;


• Leering, sexual gestures, display of sexual objects, cartoons, posters or pictures;


• Derogatory epithets, slurs or jokes;


• Graphic verbal commentaries about a person's body or the use of sexually degrading, obscene or suggestive words to describe an individual in any communications;


• Physical touching and/or aggression, including blocking or impeding movements.

The lieutenant, as a professional and as a human being, was entitled to better treatment. Our experienced sexual harassment lawyers are committed to ensuring she will obtain the compensation she deserves.

Continue reading "Walton v. Joey Fennell, Et. Al - Sexual Harassment Among the Ranks" »

The 9th Circuit U.S. Court of Appeals has made a decisive ruling with regard to romantic relationships between prisoners and guards.

Los Angeles Sexual Assault Lawyers had been closely watching the case, although it involved an Idaho prisoner. The rulings of the federal 9th Circuit court are applicable to California and several other Western states.

The question at hand was whether a prisoner had the right to file a civil sexual harassment lawsuit against a guard with whom he or she had previously been romantically involved.

The appellate court in a 3-0 ruling determined that the "enormous" imbalance of power between a prisoner and his or her keeper is such that any sexual relationship calls into question the issue of consent. In fact, it becomes incredibly difficult to discern between consent and coercion in such cases.

Therefore, the court ruled that any romantic or sexual relationship between guards and prisoners must automatically be viewed as harassment, unless proven otherwise. Furthermore, the court determined that such a relationship, even if consensual, should be viewed similar to the way we view sexual relationships between adults and minors. There is the presumption, and indeed in some cases the mandatory application, of guilt upon the party with the power in the relationship, regardless of whether the other person willfully submitted to sexual contact or sexual conduct.

Consequently, the court ruled the inmate can proceed with the case. He had alleged that a female guard groped him in a sexual manner when he attempted to break up with her. They reportedly had a romantic, but not sexual, relationship. She reportedly also subjected him to aggressive and sexual pat-downs. A district court had earlier ruled that the two incidents in which the guard touched the prisoner were consensual because the romantic relationship between the two had not clearly ended.

This is an important ruling because we know that sexual abuse within prisons is a major problem. Some take the view that it is what prisoners deserve. However, no U.S. court would sanction the sexual abuse of a prisoner as punishment for some other crime.

There are approximately 2.3 million Americans who are currently incarcerated, with California housing the most - about 175, 000. About 7 percent of those are female, though as this case shows, harassment is not solely a male crime.

A recent report by the Bureau of Justice Statistics indicates that about 4.5 percent of state and federal prisoners reported being sexually victimized within the last year. That is about 1 in every 20. We are encouraged that the appellate court has taken a hard line in addressing the issue.

Cases in which someone uses their position of power are commonplace and may involve either sexual harassment or a criminal sex offense. Prison guards, police officers, probation officers, immigration agents, teachers and other adults in a position of authority can face additional consequences when found guilty of using such a position to take sexual advantage of a subordinate.

Continue reading "9th Circuit U.S. Court of Appeals: Inmate-Guard Sex is Presumed Harassment" »

A male model is suing a clothing chain giant and an agent, after he says he was taken advantage of during a photo shoot last year.

Los Angeles Sexual Assault Lawyers understand that the victim in this case didn't initially recognize the actions as sexual harassment. This was the cause for the delay in reporting the incident, which involved a directive for him to strip naked and masturbate in order that he might appear "more relaxed" for the photo session.

He just knew that it made him uncomfortable. He knew he felt taken advantage of. But no one had touched him or physically forced him to do anything, so he felt ashamed and internalized the blame.

This is not uncommon for sexual harassment victims. They want to believe that they are somehow misinterpreting what is happening or that perhaps they are overreacting. They may recognize a behavior or pattern of behaviors as inappropriate, but they may not necessarily categorize it as sexual harassment.

Of course, there is no cookie cutter, one-size-fits-all picture of what sexual harassment is. Legally, though, it's defined as:

Unwelcome visual, verbal or physical conduct of a sexual nature that is either pervasive or severe and affects the work conditions or establishes a hostile work environment.

It's a fairly broad definition, and it involves everything from comments about clothing to leering at someone to displaying overtly sexual posters or screensavers. And of course, it includes unwanted physical touching and sexual propositions. An instruction to masturbate in front of a superior without question falls into the realm of sexual harassment.

According to the 41-page complaint, the model reportedly was employed by Abercrombie & Fitch and Hollister Co. Of course, this is a company that has become quite famous for its racy marketing, which often showcases models that are scantily clad.

This may have made the photographer's request initially seem less outrageous than it might have otherwise. While the photographer wasn't directly employed by the clothier, he was highly recommended by the company. The 18-year-old model was reportedly encouraged to work with him in order to bolster his photo portfolio.

The photographer told the model that he had tried various methods in order to have models get a certain "look" for the camera. This "look," the photographer insisted, was what was required by all of the major modeling agencies.These methods he employed included plying them with alcohol, even though they were underage. But he indicated that the most effective method was masturbation, capturing their expressions just prior to orgasm.

The photographer further told him that if he did not submit to this demand, the representatives of Abercrombie would be "mad" at him. according to the allegations. The model said he was confused and worried that he would not advance in the industry if he did not follow this directive.

Following the shoot, the model claims that the photographer exposed himself, saying he wanted to compare members.

Again, this all seems like outrageous behavior, but in context of what was happening and the industry in which it occurred, it is not a stretch to believe that the model did not understand what was happening at the time - or his rights.

The model is seeking more than $1 million for fraud, deceit, sexual harassment, breach of contract, breach of fiduciary duty, negligent supervision and infliction of emotional distress.

Continue reading "Clothing Retailer Facing Alarming Sex Harassment Claims" »

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 " »

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 " »