sexual harassment

Does California Law Protect Against Workplace Harassment by Customers?

May 31, 2023 | by Nassiri Law

“The customer is always right.” That’s the longtime adage, anyway. But it’s dead wrong when it comes to workplace harassment. Both California and federal laws protect employees against workplace harassment by customers, as well as colleagues and supervisors.

This is true whether your clients are high-level investors, bar patrons, retail shoppers, or patients.

You have the right to work in a harassment-free environment. That goes not just for sexual harassment, but harassment on the basis of any protected class – disability, age, religion, race, ethnicity, nationality, military or veteran status, gender, sexual orientation, gender identity, pregnancy or related condition, etc. In California, this right also extends to independent contractors, not just employees. A harassment-free workplace is not a privilege. It’s not up for debate. It is your right.

If your employer has failed to protect you from workplace harassment by customers, you need to get on the phone with a Los Angeles employment lawyer as soon as possible. The company/employer could be held liable for failure to protect you from harassment perpetrated by non-employees, so long as there is evidence they knew or should have known about it and failed to take swift and reasonable steps to stop it.

Depending on the nature of the harassment, you might have only 180 days from the date of the last incident to initiate your complaint (if it’s a federal-level complaint filed with the Equal Employment Opportunity Commission). You probably have longer for state-level claims, but these aren’t “wait and see” situations. Fast action is recommended.

Laws that Protect Employees from Customer Harassment

Both federal and state laws protect against workers being subjected to a hostile work environment as a result of harassment. Continue Reading ›

California Court: Employer Not Liable for Boss’s Sexual Texts to Employee

April 30, 2023 | by Nassiri Law

There was no question the text messages crossed the line. A drug store supervisor sent them to a subordinate employee – one a picture of his genitals and another of him engaged in a sexual act. But was the employer liable for sexual harassment?

As Los Angeles sexual harassment lawyers, exchanges like this are huge red flags that no employer should ignore. But from a legal standpoint, the question when it comes to employer liability for such actions is: What was the response? Were the complaints taken seriously and investigated in good faith? Did the company protect the supervisor or was their adequate accountability? Was the subordinate’s safety taken into account or were they left to fend for themselves? Did the company retaliate against the reporting employee?

In the recent case of Atalla v. Rite Aid Corporation et al., the California Court of Appeal for the Fifth Appellate District ruled in favor of the employer, finding that the acts that led to alleged sexual harassment stemmed from a relationship that was entirely private and separate from the supervisor-subordinate dynamic. Further, the employer – once notified of the incident – did conduct an investigation, fire the supervisor, invite the employee to return to her job, and offer her paid counseling.

According to court records in the case, the plaintiff, a pharmacy intern, and her boss were close friends. In fact, they had a pre-existing friendship before she started working for the company that had no connection to the job. They had regular, candid, and familiar interactions on a wide range of topics. They frequently talked on the phone and texted with each other – not just about work, but their families, food, other people, pets, exercise, vacations, alcohol, etc. They also had regular, in-person interactions with each other, meeting up for birthday dinners, holidays, lunches, and coffee. The exchange in question was sent by the supervisor to the subordinate outside of the workplace and not during work hours.

Soon after receiving those messages, plaintiff’s employment lawyer sent a letter to the company’s human resources division, alleging sexual harassment and saying she wouldn’t return to work. An attorney for the employer spoke to plaintiff’s attorney, and the incident was immediately investigated. HR met with the supervisor, who confessed to sending the messages. he was suspended, informed of the company’s anti-retaliation policy, and then ultimately fired.

The sexually explicit text messages were undoubtedly inappropriate, but were they work-related? Was there evidence the sender was acting in his capacity as supervisor when he sent them? Continue Reading ›

Los Angeles Sexual Harassment, Rape Lawsuit Filed by Former Bank Exec

February 7, 2023 | by Nassiri Law

A former banking executive has filed a Los Angeles sexual harassment and rape lawsuit against her previous employer, alleging failure to protect her from a hostile work environment perpetuated by a co-worker. Not only did she endure vulgar behavior and gender-based harassment, she alleges her boss raped her and then retaliated against her – and the company dragged its feet in responding.

As our Los Angeles sexual harassment lawyers recognize, this type of workplace misogyny, mistreatment, and victimization occurs in workplaces of all kinds and between individuals of all positions and paygrades.

The National Sexual Violence Resource Center notes that sexual assault, harassment, and abuse are widespread issues impacting victims across the spectrum of race, gender identity, sexual orientation, income, disability, or other factors. While 60 percent of women say they’ve experienced unwanted sexual attention, sexual coercion, crude conduct, or sexist comments at work, 85 percent of those say they never file file formal charges and 70 percent never even file internal complaints. Employees victimized by sexual harassment are very likely to suffer PTSD, depression, and anxiety as a result. They may also endure related physical problems, including sleep problems, gastric complications, weight loss/gain, headaches, etc.

Sexual harassment is against the law, and if you are targeted in your workplace, our experienced, compassionate legal team can help – protecting your civil rights, advising you on the best legal strategies, and advocating for the best possible outcome in your favor.

In this case, according to court filings in Doe v. Wells Fargo Bank Corp. et al., plaintiff was hired as a senior vice president at the firm’s Southern California branch in 2018. Almost immediately thereafter – and continuing/worsening until she says she was forced resign in 2021 – plaintiff said she endured sexual harassment.

Her allegations are as follows: Continue Reading ›

How to File an Orange County Sexual Harassment Lawsuit

October 22, 2022 | by Nassiri Law

Workplace sexual harassment is a serious problem plaguing employees in California and beyond. The U.S. Equal Employment Opportunity Commission (EEOC) reports that between 2018 and 2021, it received nearly 28,000 complaints alleging sexual harassment.

As our Orange County sexual harassment lawyers can explain, such conduct is against the law. Employees impacted by sexual harassment deserve to be compensated for the harm they’ve suffered. Filing a California sexual harassment lawsuit is the way to do it.

What Exactly is Sexual Harassment?

It’s not unusual for folks to glean a narrow view of what precisely is sexual harassment.

Many people think of it as the stereotypical quid pro quo type of situation. Basically, a boss demands sex from an employee and, if employee refuses, they’ll be fired. And that is sexual harassment, but not the only form of it.

Both California and U.S. law define sexual harassment as behavior that involves:

Unwanted sexual advances.
Unwelcome physical, visual, or verbal conduct of a sexual nature.
Offensive conduct that is directed at or based on someone because of their sex, gender, sexual orientation, or pregnancy.

Harassment can involve a supervisor, but sometimes it involves co-workers or even customers. The defining factor is if endurance of this conduct effectively becomes a condition of employment. If you complain to your boss and nothing is done to correct the situation – or worse, you are retaliated against for complaining – that’s when sexual harassment is legally actionable. Continue Reading ›

It’s Not Only Direct Targets of California Workplace Sexual Harassment Who Can Sue

June 1, 2022 | by Nassiri Law

One does not necessarily need to be a direct target of California workplace sexual harassment or racial discrimination to file a legal claim for damages. Retaliation against bystanders for brining such offenses to light can have a devastating impact on one’s career. Employers have been known to respond to bystander reports of harassment and discrimination by giving whistleblowers less desirable shifts or duties, shutting them out from key professional opportunities/accounts/clients, or outright firing them.

Fortunately, as our Riverside sexual harassment attorneys can explain, there are legal remedies for those who speak out to protect those most vulnerable in the workforce. One such case recently ended with a $460 million damage award to two plaintiffs in Los Angeles who alleged they were forced out of their jobs at the local electricity company after blowing the whistle on rampant sexual harassment and tolerance of racial epithets.

The Los Angeles Times reported the damage award included $440 million in punitive damages alone. Plaintiff attorney’s had only asked the court for a quarter of that amount. That’s on top of tens of millions in compensatory damages paid. Punitive damages, for those who may not know, are paid to penalize the defendant for especially egregious conduct. Compensatory damages, meanwhile, are intended to cover a plaintiff’s actual losses (loss of wages, loss of benefits, loss of career advancement opportunities, emotional distress, etc.).

The company, which plans to appeal, acknowledged that the two reported that supervisors were engaging in sexually inappropriate conduct toward female employees. Plaintiffs alleged that the company had fostered a fraternity-like culture, where sexual harassment and racial harassment were not only the norm, but actively protected. Reported incidents were allegedly disregarded. Continue Reading ›

California Sexual Harassment Lawsuit Spurs Activision Blizzard President’s Ouster

August 6, 2021 | by Nassiri Law

A new California sexual harassment lawsuit has rocked the gaming world, with an avalanche of dissent and claims of “frat boy culture” dominating descriptions of Activision Blizzard, the video gaming company that own games like “Call of Duty,” “Candy Crush” and “World of Warcraft.”

The upheaval and high-profile exit is reminiscent of what our Los Angeles sexual harassment lawyers have noted in the culture of the gaming industry (long noted for its misogyny), but some are speculating this could have reverberations throughout the tech world and even corporate America.

This all started with a California sexual harassment lawsuit filed last month by the state’s Department of Fair Employment and Housing. According to the complaint, multiple female employees were subjected to gender discrimination, sexual harassment and unequal pay. Company executives reportedly were aware of the harassment and other problems, but failed to take reasonable steps to halt illegal conduct. Instead, the lawsuit alleges, the company retaliated against the complainants. Continue Reading ›

California Sexual Harassment Statute of Limitations Weighed by State Supreme Court

June 22, 2021 | by Nassiri Law

A decision on a California sexual harassment statute of limitations case is expected to be released sometime in the next few months, after the state supreme court heard oral arguments last month. The case involves a Los Angeles California trucking and distribution center, which was successful in winning a summary judgment against two former employees alleging sexual harassment on the basis the statute of limitations for the claim had expired. The plaintiffs are asking the California Supreme Court to reverse.

According to court records, the complaint was filed in the fall of 2017, both plaintiffs alleging the trucking company denied them promotions due to racial discrimination and further that they’d both been victims of sexual harassment.

One of the plaintiffs had been hired at the firm by a staffing agency in the late 1990s. She alleged she was dating an executive VP of the firm, starting in 2014, and this turned into a quid pro quo sexual harassment case. When the VP wanted to advance the relationship, she ended it. After that, she said her her promotions at the firm were blocked, though she continued to work at the staffing agency through 2018. (It should be noted the trucking company was the staffing agency’s only client, so the staffing agency was ultimately dismissed as a defendant after the court found that the trucking company was the one with sole decision-making authority over the staffing agency’s employees.) Continue Reading ›

California Sexual Harassment Alleged by Art Gallery Workers at Fundraisers

May 30, 2021 | by Nassiri Law

An online complaint of sexual harassment endured by workers at art gallery fundraisers that has garnered a groundswell of support, the San Diego Union-Tribune recently reported. Submitted to Change.org as a signature drive, a former attendant at the San Diego Museum of Art alleged the organization routinely hosts booze-fueled fundraisers wherein guests feel free to grope female workers. Rather than protecting their employees, the complaint alleges, officials at the museum blamed staff and refused to consider adoption of policies that would stop them from being subjected to sexual harassment and abuse on-the-job. It seemed the concerns of women of color in particular were outright dismissed.

The complainant reported that they should not have to feel unsafe coming to work as, “We are not nightclub workers.”

Of course, it’s the position of our Los Angeles sexual harassment attorneys that no worker should feel unsafe coming to work for fear of sexual harassment – whether that workplace is in a nightclub, restaurant, office, airplane, tomato field or art museum. Continue Reading ›

Rancho Cucamonga Sexual Harassment Case Settled Against Restaurant for $1.25 Million

December 12, 2020 | by Nassiri Law

Female employees for a taco chain in the Rancho Cucamonga area will be awarded $1.25 million in an EEOC settlement for allegations of years-long sexual harassment and retaliation.

The U.S. Equal Employment Opportunity Commission’s lawsuit alleged that a general manager and shift leader who both worked at several stores in Rancho Cucamonga subjected young female workers to sexual harassment daily. Their behavior included vulgar comments, unwelcome physical contact and propositions for sex.

Our Rancho Cucamonga sexual harassment lawyers understand the behavior was so prevalent that other male workers felt welcome to join in and perpetuate it on their own. The EEOC alleged that when the female workers complained, supervisors failed to take appropriate action. Instead, workers felt they had no choice but to quit if they wanted to escape their hostile work environment. Continue Reading ›

9th Circuit Reinstates California Sexual Harassment Lawsuit Judd v. Weinstein

August 15, 2020 | by Nassiri Law

The U.S. Court of Appeals for the Ninth Circuit reversed a lower court ruling in Judd v. Weinstein, reinstating actress Ashley Judd’s California sexual harassment lawsuit against one-time Hollywood power player, producer Harvey Weinstein.

As our Los Angeles sexual harassment lawyers can explain, the complaint stems from a sexual harassment claim under California Civil Code section 51.9. This allows for claims of sexual harassment that occurs between people who have a business, service or professional relationship wherein the defendant holds himself/herself out to be able to help the plaintiff establish a business, service or professional relationship with defendant or third party. These can include doctors, lawyers, estate trustees, landlords, teachers, elected officials, lobbyists, directors/producers or any substantially similar relationship. In order to prevail in such a claim, plaintiff needs to show defendant made sexual advances, solicitations, requests, demands (or engaged in conduct of a sexual nature or hostile based on gender) and the plaintiff has or will suffer some economic loss as a result of that conduct.

Judd’s case appears to fit the bill, but a lower court had dismissed it, siding with Weinstein’s arguments, which were that the traditional power balance might be flipped in some scenarios and that there was not a professional relationship at the time of the alleged harassment. The question of whether the relationship between the two parties was an employment relationship outside the purview of that statute is a question for the trier of fact (the jury). The case was remanded for further consideration.