Los Angeles Sexual Assault Lawyer Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

He is seeking some $335,000 in damages.

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

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

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

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

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" »

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" »

The Los Angeles Times Magazine's former publisher has filed suit against the Tribune Company, asking for $13 million for what he claims was wrongful termination, defamation, intentional infliction of emotional distress and violations of business and professions code, The Wrap reports.

Wrongful termination in Los Angeles, especially cases in which men are involved and sexual harassment is alleged, has become more and more common.

Many years ago, sexual harassment claims in Los Angeles typically were filed by women who said they were being treated unfairly. But that has changed. Men are now not only subjected to sexual harassment, but have become confident to report it -- two critical changes in our country's workforce in recent years.

Like any sexual harassment claim, the victim mustn't attempt to go about this type of action alone. It is a complex area of law and requires the trained eye of a Newport Beach sexual harassment lawyer. Because the stakes are high -- a person's job is on the line and high dollar amounts hang in the balance -- an experienced lawyer must be called in to help.

According to the article, the man filed a lawsuit in Los Angeles County Superior Court saying he witnessed sexual harassment and was rebuffed when he tried to contact Human Resources to report it.

He also alleges that customers in low-income and "demographically minority neighborhoods" called to complaint that they weren't receiving the magazine even though they were paying the full subscription price like everyone else.

When he went to his boss, he was told there was a "story" to explain the situation.

After bringing forth both complaints, he claims his character was attacked by higher-ups in order to make him look bad in front of co-workers and loosen his grip of power on the operation. Later, he was fired for "poor revenue," "damaged relationships" and an "inability to manage his direct reports."

He denies those claims, saying he got bonuses for meeting high revenue marks during his tenure with the magazine. He believes he was fired because he brought up sexual harassment in the workplace and because he was concerned about the unethical distribution of the magazine.

He is seeking $13 million in damages, mostly due to loss of salary and emotional distress, but also due to damage of his reputation. He claims his bosses went to great lengths to defame him and make it difficult for him to get work in the future.

Lawsuits like these take a lot of courage and the right set of circumstances. They can serve to not only help a victim of wrongful termination and sexual harassment, but also change the culture of a company.

If bosses allow unlawful treatment of their employees, it often takes a big-dollar settlement or jury verdict to get them to change their tune and create change. Other employees may not want to come forward with complaints, but even one whistle-blower can make a big difference.

Continue reading "L.A. Times Magazine Former Publisher Sues For Sexual Harassment" »

Los Angeles Downtown News is reporting that several lawsuits alleging both racism and sexual harassment at the Los Angeles Police Department have caused a shakeup in personnel.

Allegations of sexual harassment are nothing new at the police department, unfortunately. Our Los Angeles Sexual Assault Lawyers have chronicled on our blog the plight of department officials, who have done little to change the atmosphere for officers and staff.

And that's what these types of cases come down to -- atmosphere. If a work environment allows this type of behavior and employees aren't willing to step up and challenge it, the problem will persist. So, while it is incumbent upon employers to do the right thing, often employees are the ones who must create the change by standing up against the issue.

According to the lawsuit, staff members from the department's Central Division have been named in several lawsuits alleging both racial and sexual harassment. Officers allege that command staff tolerate the harassment and have been unwilling to stop it.

Four officers and two sergeants have been transferred and were downgraded in rank, the article states. The city is now fighting three lawsuits filed by officers in the division's Community Relations Department.

The lawsuits allege that the department allowed for supervisors to make racial and sexually motivated remarks and pranks that became embedded in the culture of the office. Some examples cited by the article:

• A sergeant presenting a black officer with a cake topped with a slice of watermelon and a piece of fried chicken


• The same sergeant sending racially sensitive text messages about an officer who is of Mexican descent


• The sergeant removing one officer from an overtime detail and putting his wife, another officer, in that spot

The officers all allege they brought their concerns and examples to a captain who was in charge of the sergeant, though he refused to mete out discipline. LAPD officials deny any wrongdoing and say the department's atmosphere is full of jokes and pranks that aren't intended to be malicious.

But the officers allege not only were they subjected to the harassment and racial comments, but they were transferred to less-than-desirable locations after complaining about their treatment. They believe they were retaliated against for speaking out about the behavior of their superiors.

This, too, isn't uncommon. When people bring up complaints about poor treatment and sexual harassment, their employers sometimes will attempt to retaliate against them by treating them poorly or even firing them. This is another reason why consulting with an attorney is critical in order to craft a well-written and researched lawsuit to protect your rights.

Continue reading "LAPD Sexual Harassment Causes Division Shakeup" »

Siegfried & Roy, famous Las Vegas entertainers, have won more than $37,000 in a suit that was filed against Roy because of faulty allegations of sexual harassment from one of the performer's assistants, according to the Las Vegas Sun.

A Las Vegas District Court Judge ordered a former assistant of the star's to pay the sum as a sanction for asserting baseless sexual harassment claims against Roy and the company that owned the duo, according to media's wife. The former assistant's wife was also part of the order.

The suit first came into the public eye last year when the assistant reported the sexual harassment accusations. These allegations stated that the male assistant was subjected to sexual overtures by both of the stars. The man also claimed that he was let go from the company after he had rejected sexual advances from Roy. Sexual harassment claims in Newport Beach and elsewhere involve male victims more often than in the past.

Our Newport Beach sexual harassment attorneys understand that the number of male sexual harassment victims climbed significantly since the beginning of the recession. During this time, officials started receiving an increased number of these complaints. It is estimated that more than 16 percent of all of the sexual harassment claims -- or more than 2,000 claim filed in 2009 -- were filed by men, according to the U.S. Equal Employment Opportunity Commission. We're seeing more and more male sexual harassment cases. These cases oftentimes include behavior involving unwanted sexual advances and groping. This "locker room" type behavior, including vulgarity and horseplay, is completely unacceptable regardless of age, race or sex.

The assistant to the performing duo was described as a heterosexual married man who had been hired to help out Roy with everyday needs like getting dressed and grooming. Reports indicated that Roy still needed assistance because of the injuries that were suffered in 2003 when he was attacked by a tiger at a show at the Mirage.

Roy defended the case by saying that the assistant took advantage of his trust, his medical condition and his age in an attempt to gain monetary rewards from Roy. The assistant reportedly used 'video surveillance' to bribe the star for a monetary payoff. When the video failed to produce the desired results, the assistant reported that improper sexual conduct was displayed at Roy's home. And that a hostile work environment restled when the assistant rejected the sexual offers. These false allegations led to the dismissal of the assistant, reports Roy.

It was also stated, by the defendants, that the accusing party made this case as publicly embarrassing and as costly as possible.

Initially, the assistant requested $500,000 from Roy personally, but when he refused to pay the assistant he was threatened with a criminal investigation.

"Many people mistakenly believe that harassment is limited to females," says Roberta Chinsky Matuson, a human resource expert. "The truth is that this type of experience is just as damaging to men."

Continue reading "Entertainer in Siegfried & Roy and the Falsified Sexual Harassment Claims in Los Vegas" »

Sexual harassment claims have definitely broken through the stereotypical notion in past years. The number of nontraditional cases are on the rise, causing an increased rate of sexual harassment cases in Los Angeles.

Our Beverly Hills sexual harassment attorneys urge you to report all uncomfortable behavior to your employer and make sure they take the proper actions to resolve the situation. Reportable behavior does not necessarily have to be of a sexual nature, it can include offensive remarks about a person's sex as well, reports The U.S. Equal Employment Opportunity C omission (EEOC).

The EEOC notes that sexual harassment can occur under various circumstances, including but not limited to:

-The harasser can be anyone in the workplace; a supervisor, a co-worker, and agent of the employer, a non-employee.

-In order to be considered an act of sexual harassment, the harasser's conduct must be unwelcome.

-The harasser can be male or female and can harasser a member from either sex.

-The harasser does not have to be the person who is being harassed, but it can be anyone that is offended by inappropriate conduct.

The EEOC adds that sexual harassment includes not only unwelcome sexual advances, but requests for sexual favors and other physical or verbal harassment of a sexual nature.

In the 2008 fiscal year, the EEOC heard nearly 14,000 reports of sexual harassment, recovering nearly $50 million in benefits for victims and other affected individuals.

A telephone survey reported by Sexual Harassment Support reveals that, of 783 workers polled:

-7 percent of male employees reported being harassed at work.

-62 percent of victims took no action.

-41 percent of men reported to have been harassed by another man.

-31 percent of female employees had reported to have been harassed at their workplace.

-100 percent of the women said the harasser was a man.

-59 percent of men reported to have been harassed by a woman.

Here is a fact sheet for employees for preventing sexual harassment.

Continue reading "Know your Rights when it comes to Los Angeles Sexual Harassment Cases" »

A former head baseball coach at L.A. City College will have his Los Angeles sexual harassment lawsuit decided by a jury, the Daily Breeze reports.

Our Orange County employment attorneys see an increasing number of men being harmed by sexual harassment in the workplace. The U.S. Equal Employment Opportunity Commission reports the percentage of sexual harassment cases involving men has increased in recent years, from 11.6 percent in 1997 to 16.4 percent last year.

A Los Angeles Superior Court judge denied a motion to dismiss the case at conclusion of trial. Young filed the case in 2008, naming the district, the college's athletic director, and the head basketball and assistant baseball coaches.

The plaintiff was hired in June 2006 and fired twice, including the final time in October 2007. He claims he was not provided with assistant coaches and was treated differently because he was black. He also contends that he was sexually harassed by a male superior.

The plaintiff claims he was given assistant coaches for the 2007 season but that they rarely appeared at games or practices despite being paid.

The university claims he was fired for not following proper procedures for a check request and for installing batting cages without the approval of the administration.

Continue reading "Former Coaches' Lawsuit Highlights Male Victims of Sexual Harassment in Los Angeles" »