Articles Posted in sexual harassment

Sexual harassment claims against the former Fox News Chairman Roger Ailes ultimately cost the executive his job and resulted in a $20 million settlement with former anchor Gretchen Carlson. The allegations embroiled the company in controversy, as Greta Van Susteren, one of the longest-serving hosts, quit abruptly. Later, star Megyn Kelly, who would also come forward with claims of sexual harassment against Ailes, announced she was leaving for NBC. Kelly said she didn’t come forward sooner with her claims of harassment because to do so would have been, “Career suicide.” sad

Now, it seems that these type of incidents were part of a larger pattern, perhaps even a corporate culture, as more allegations against other executives and hosts have been revealed. Most recently, The New York Times reported, was the revelation that 21st Century Fox, which is the parent company of Fox News, quietly settled a sexual harassment lawsuit filed by an employee against prime-time star Bill O’Reilly.

The claim was made by a female Fox broadcaster who first began working for the company in the 1990s. She worked for a time on the Fox & Friends weekend edition show, and she had a regular segment on The O’Reilly Factor. She alleges O’Reilly tried to initiate a sexual relationship with her back in 2011. However, she declined his advance, resulting in his retaliation, according to the lawsuit. Additionally, a long-time Fox News executive, now co-president of the company after Ailes’ ouster, is also accused of retaliation in the case.  Continue Reading ›

The U.S. Equal Employment Opportunity Commission reports that of the thousands of complaints of sexual harassment it receives every year, 17 percent are filed by men. Meanwhile, more than half of women in the workplace report enduring some form of sexual harassment. Although there is no denying that sexual harassment is unacceptable no matter the victim or offender’s gender, instances involving men are beginning to garner more media attention. Although men are less likely to endure sexual harassment, they sometimes have an even steeper uphill battle in getting their employer to take it seriously because certain stereotypes would suggest males welcome this kind of attention. The fact is, they do not and the law makes no distinction. police

Recently, a county sheriff’s officer in Michigan filed a federal employment lawsuit alleging his female boss sexually harassed him and that his male supervisors laughed it off. In one case, an undersheriff told him to, “Take one for the team.” Instead, he took it to court.

Rather than suing his alleged harasser, though, he is taking on his employer for reportedly failing to act on his plea for help. According to court records, his boss reportedly taunted him for more than a year with comments that were sexually-charged an inappropriate. She advanced on him with unwanted behavior of a sexual nature. In one instance, he alleges she offered to give him oral sex. In another instance, she suggested to him getting his wife intoxicated and engaging them both in a sexual act. She also allegedly gave his work partners phony assignments so she would have opportunities to be alone with him. She also reportedly texted his personal cell phone and made it a point to drive by his home.  Continue Reading ›

There is a saying that is particularly pervasive in retail that, “The customer is always right.” But this is not true when the customer behaves in a manner that is threatening or hostile to store employees. This includes instances of sexual harassment. woman

Sexual harassment is a serious and pervasive problem in American workplaces. It also is not limited to interactions with co-worker or supervisors. Sexual harassment can occur in the context of other professional relationships, including those between customers and suppliers.

Further, sexual harassment in those situations does not need to consist of any outright demand for sex or sexual favors in exchange for business. It can take on a wide range of inappropriate behaviors or unwanted advances, including dirty jokes, repeated sexual innuendo or the use of offensive language. Although business owners may not be protected under sexual harassment laws, they do have the option to end the contract. Employees, however, are considered more vulnerable and they may be covered under sexual harassment laws.  Continue Reading ›

In mid-2016, the U.S. Equal Employment Opportunity Commission’s sexual harassment task force released a report revealing some troubling findings:

  • One-third of complaints to EEOC during fiscal year 2015 included an allegation of workplace harassment, including on the basis of sex.
  • The EEOC recovered nearly $165 million that year from companies where workplace harassment persisted.
  • Much of the current training methods are ineffective at prevention, as they focus mostly on sidestepping legal liability for workplace harassment. woman

Sexual harassment in particular is a serious concern – and a pervasive one.  Continue Reading ›

A former elementary school employee has filed a sexual harassment lawsuit against the school district and her former boss, alleging her superior subjected her and another paid intern to “severe and pervasive” mistreatment based on their gender. She alleges wrongful termination and retaliation. woman

According to The East Bay Times, the plaintiff worked at one of the district’s elementary schools in Contra Costa County. Her boss was the director of technology with the district. She alleges that he asked her numerous times whether she was “satisfied” by her husband. He routinely commented on her appearance, making sexual comments. He also on occasion forcefully thrust his body up against hers and kissed her on the lips without consent. Plaintiff decided she had to report these incidents to human resources when she heard that a paid intern was enduring similar incidents of sexual harassment.

But when defendant supervisor learned of plaintiff’s intention, he reportedly asked to meet with her privately and at that time told her if she pressed forward with her complaint, it would “change a lot of things.” He assured a poor outcome could be avoided if she would avoid making a report. Plaintiff decided to go forward with her complaint anyway. A human resources officer concluded the allegations had merit, and the supervisor was subsequently placed on leave. But he wasn’t fired. He simply took another position as a technology coordinator for a nearby school district. However, plaintiff didn’t get such a sweet deal.  Continue Reading ›

This summer, the National Park Service celebrated 100 years since its founding. In that time, it’s helped to protect more than 84 million acres of environmental treasures and welcomes 300 million visitors to its sites annually. parks

But a report that was released this year following the Department of Interior’s Office of Inspector General (IG) released a report following a two-year investigation followed complaints filed by more than a dozen former and current female park service employees who alleged discrimination, retaliation and a sexually-hostile work environment over the course of 15 years in the River District of the Grand Canyon. That report showed that in addition to the 13 women who actually filed complaints, there were 22 others who had been suffering from workplace harassment. Then in late September, the Committee on Oversight and Government Reform reviewed that investigation – and a number of others from the IG on other parks – and determined the park service was responsible for a pattern of sexual misconduct and sexual harassment that spanned decades.

Of course, the park service isn’t alone in creating this kind of environment. One recent survey by Comparably found that 24 percent of women reported being sexually harassed at work. Another survey by Cosmopolitan magazine indicated 1 in 3 women is sexually harassed at work.  Continue Reading ›

A new labor law in California seeks to aid janitorial workers in the fight against sexual harassment and sexual assault on-the-job. Assembly Bill 1978 was signed recently by Gov. Jerry Brown (D) with the goal of helping property service workers understand what their rights are and to protect themselves from sexual harassment.cleaning

Janitorial employers will now be required to register with the California Division of Labor Standards Enforcement, which will provide in-person prevention training on sexual violence and sexual harassment for both workers and employers. Workers and supervisors will receive written pamphlets that detail what sexual harassment is and what resources are available if it happens to them. The registration requirement will officially begin July 1, 2018. Those who don’t comply with the statute could face revocation of their license or be required to pay a maximum $10,000 in fines.

Sponsored by Assemblywoman Lorena Gonzalez (D-San Diego), the bill promises to add both transparency and accountability in an industry that typically employs a high number of disadvantaged workers (Latina females in particular) who are vulnerable to sexual harassment and sexual violence because they often work alone, night shifts and fear deportation if they complain. Gonzalez said these workers need appropriate training and protections to ensure their safety and adequate recourse when a crime or legal violation does occur. Continue Reading ›

A public transportation worker in Washington D.C. is suing the agency for damages in excess of $200,000 after she claims her supervisor repeatedly asked her for, demanded or forced hugs. Eventually, she said, when she reported the sexual harassment, her boss retaliated against her. hug1

The federal employment lawsuit alleges her supervisors ignored repeated reports of this treatment, even as another assistant superintendent in the bus division where plaintiff worked revealed he had a history of sexual harassment at the firm.

This case presents a good opportunity to talk about the H-word: Hugs. For some, hugs are viewed as a way to “spread the love.” But our sexual harassment lawyers know they can also be a liability to workplaces that allow them to go unchecked.  Continue Reading ›

Donald Trump, the Republican Presidential nominee, caused a stir (again) by answering a reporter’s question about sexual harassment by saying that if his daughter Ivanka were to face it, he would, “advise her to find another career or find another company.” Attempting to clarify his father’s remarks, son Eric Trump said his sister, “wouldn’t allow herself to be subjected” to sexual harassment. woman

These comments came soon after Fox News chief Roger Ailes was accused of sexually harassing a slew of current and former female staff members, including one-time Fox & Friends host Gretchen Carlson.

Wherever you stand politically, it’s necessary to point out that victims of sexual harassment should not have to change careers or jobs because of the illegal behavior of their co-workers. Sometimes sexual harassment victims do end up taking this course of action when the abuse and/or harassment becomes so severe, though it’s worth noting that not everyone has the option of such fluidity in their jobs or careers. Beyond that, some don’t want to leave their jobs or careers, either because they love it or they need the money. Those who find themselves forced out of the workplace or having suffered some other negative outcome on their careers. In those cases, it is absolutely worthwhile to explore a sexual harassment lawsuit.  Continue Reading ›

Sexual harassment plaintiffs will get a new trial after the New Jersey Supreme Court ruled the trial court erroneously omitted testimony from a co-worker who testified during deposition that a supervisor instructed her to speak negatively about plaintiffs and in favor of the accused harasser. professional

In Griffin v. City of East Orange, the New Jersey Supreme Court determined the testimony of the co-worker, which was not allowed at trial because it was reportedly irrelevant, was in fact directly pertinent to plaintiffs’ claims for compensatory and punitive damages arising from a hostile work environment. Further, these statements, which involved hearsay, overcame hearsay exceptions because it constituted statements by a party’s agent or servant offered against the party (an exception via N.J.R.E. 803(b)(4) ).

The three accusers had alleged a supervisor created a hostile work environment through sexual harassment, quid pro quo sexual harassment and retaliation. She is seeking both compensatory and punitive damages.  Continue Reading ›

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