sexual harassment

Sexual Harassment Training Under Scrutiny by California Investigator

May 5, 2016 | by Nassiri Law

Amid growing allegations of widespread sexual harassment at the University of California Berkely, California’s top sexual harassment investigator is initiating a comprehensive review of training policies throughout the state.

The California Department of Fair Housing, responsible for enforcing the state’s civil rights laws, has created a task force that will specifically focus the effectiveness of current sexual harassment awareness training. The effort is being overseen by the department’s director, Kevin Kish.

The announcement came just two months after a number of allegations of misconduct by faculty arose at the university, which became national news and sparked a conversation about how we handle gender discrimination at universities and colleges. Continue Reading ›

Changes to California’s Sexual Harassment Law to Take Effect

May 1, 2016 | by Nassiri Law

According to a recent news feature from the National Law Review, a new law has taken effect in California that will make some changes to the state’s mandatory sexual harassment education requirement.

Specifically, the new law will require employers to have training about topics such as discrimination, sexual harassment, and retaliatory employment practices. There will also be requirement to document the training and keep detailed records in the event of an inspection by the state labor regulators. Continue Reading ›

Female Restaurant Workers in LA Area Allege Sexual Harassment

March 6, 2016 | by Nassiri Law

A little more than a year ago, employees at San Diego P.F. Chang’s location won a roughly $1 million verdict in a sexual harassment lawsuit. According to a recent news feature from the Los Angeles Times, the same defendant is alleged to have engaged in additional incidents of sexual harassment at various other Southern California locations.

This first case that ended in 2014 involved two plaintiffs. Now, there are four women claiming they were repeatedly made to be victims of sexual harassment in Anaheim, Beverly Hills, Riverside, and Chino Hills. Their contracts required employees to use a binding arbitration process as opposed to filing a complaint in a civil court. There is also another alleged victim, but her case is somewhat different, because she was only 16 years of age at the time of the alleged harassment. Continue Reading ›

Employees Fear Reporting Sexual Harassment in Workplace

May 13, 2015 | by Nassiri Law

Sexual harassment in the workplace is still a big problem in California and across the nation. According to a recent news article from Main Street, despite high frequency of workplace sexual harassment incidents, employees are often too afraid to report when they are harassed out of fear it will have consequences for their continued employment and advancement. This fear of reporting means victims are not telling supervisors, filing lawsuits, or taking part in lawsuits others have already filed.

A spokesperson for the Equal Opportunity Employment Commission (EEOC) says, according to studies and other reports, one of out four women working in the United States is a victim of sexual harassment. This includes women working in the lowest paid jobs as well as the highest paid jobs at equal rates. It should be noted, some of these numbers are merely estimates, at it is difficult to form an accurate accounting, even through anonymous surveys, since many women are afraid to disclose they were sexually harassed at work. Supervisors, co-workers, and even third-party contractors and vendors perpetrate many of these sexual harassment incidents. Continue Reading ›

Feliciano v. Autozone, Inc. – Sexual Harassment Claim May Proceed

April 14, 2015 | by Nassiri Law

A female auto shop worker will be allowed to pursue her claim of sexual harassment against her employer, although other claims of disability discrimination and wrongful termination on the basis of race, religion and national origin were dismissed.

The Connecticut Supreme Court recently reversed the trial court decision on the issue of sexual harassment in Feliciano v. Autozone, Inc., in which plaintiff is a black woman from the U.S. Virgin Islands who practices the Rastafarian religion. As part of that religion, she wears her hair in dreadlocks.

In the spring of 2007, the company became aware of a situation in which nearly 20 transactions were flagged for potential abuse of a customer awards loyalty program discount. Those transactions were all processed by plaintiff, who later conceded she had allowed other employees to use her customer service number. She admitted this was wrong. Termination of employment was recommended on the grounds of violating the company’s loss prevention policy. Within a week, she was fired.

Dickson v. Burke Williams, Inc. – Failure to Prevent Harassment Alleged by Spa Worker

March 18, 2015 | by Nassiri Law

A California appellate court reversed a $285,000 verdict in favor of a former spa worker who alleged her employer failed to take reasonable steps necessary to protect her from the sexual harassment and gender discrimination of two customers.

The issue was that although jurors ruled defendant was not liable for sexual harassment or gender discrimination, it nonetheless found defendant liable on plaintiff’s claim for failure to take reasonable steps to prevent the actions. (Jurors did not find defendant liable for failure to prevent racial harassment, which plaintiff had also alleged.)

The California Court of Appeal, Second Appellate District, Division Five, ruled in Dickson v. Burk Williams, Inc. that when a jury finds that the sexual harassment that occurred wasn’t sufficiently pervasive or severe enough to result in liability, there can’t also be a finding that the employer failed to take reasonable steps to prevent it.

McDonald’s Faces Suit for “Rampant” Racial and Sexual Discrimination

January 26, 2015 | by Nassiri Law

McDonald’s is facing some of its most egregious accusations of racial and sexual discrimination and harassment, which could result in a significant settlement or verdict for 10 former employees. The federal civil rights lawsuit was filed against the company in January of 2015 in the U.S. District Court for the Western District of Virginia. According to the lawsuit, plaintiffs were subjected to “rampant racial and sexual harassment.” Alleged offenders were high-ranking supervisors and managers who have been accused of demeaning the workers, nine of whom are African American, and one who is Hispanic. Of all the plaintiffs, seven are women.

According to the court documents, supervisors were demeaning, claiming that there were “too many black people in the store.” African-American workers said their supervisors called them derogatory names like “ghetto” or “bitch,” and the Hispanic worker said that she was repeatedly called a “dirty Mexican.”

In addition to the hostile work environment created by the aggressive and ongoing name-calling, the employees were disciplined more heavily than while employees who violated the same rules. The employees were also inappropriately touched on their buttocks and legs. Supervisors also sent the female employees nude and other sexually explicit photographs and in several instances, tried to solicit sexual favors from their employees.

Venture Capital Partner Files Discrimination and Retaliation Lawsuit

January 15, 2015 | by Nassiri Law

Discrimination and retaliation can impact lower-rung employees as well as high-paid executives. A recent case demonstrates that even employees at the upper end of the pay scale can suffer because of discrimination in the workplace.

According to Reuters, a former partner filed a discrimination and retaliation lawsuit against a Silicon Valley venture firm. The case is unique because the partner waited five years before filing her claim.

In June of 2007, the partner informed the firm she would resign due to job dissatisfaction. Court records indicate that the resignation came seven months after she ended an affair with another partner. According to the complaint, the plaintiff suffered from discrimination and retaliation from the partner after she called off the relationship. The venture firm has denied the allegations of discrimination and retaliation and challenges the assertion that it did not take proper steps to prevent or put an end to the misconduct.

Still No Sexual Harassment Training for Congress?

January 11, 2015 | by Nassiri Law

State and federal legislators commonly intervene to protect the rights of employees. While managers and business owners are required to stay abreast of sexual harassment training, it appears that California lawmakers are not. Despite the ongoing threat of sexual harassment in the workplace, and the repeated number of sexual harassment claims in state and federal politics, members of Congress are still not required to undergo sexual harassment training. According to an investigation by California radio station KPCC, House members, unlike most people who are in positions of power, are not required to undergo sexual harassment training.

The loophole opens the floodgate for not only, sexual harassment claims, but the potential for liability. One California lawmaker sees the lack of sexual harassment training for House members as an embarrassment and is trying to change the rules to protect staffers. Political figures, including members of Congress, are not strangers to sexual harassment charges. According to reports, more than a dozen women have filed complaints regarding the conduct of Bob Finer, former Congressman from San Diego. The representative retired from Congress in 2012 and won his race for San Diego mayor. Despite this political success, he faced numerous accusations of sexual harassment, alleging that he repeated touched, grabbed, and groped women while serving in Congress. Following the allegations, the San Diego mayor resigned and pleaded guilty to battery and false imprisonment.

This is one of many stories coming out of Congress related to sexual harassment. To initiate change on behalf of citizens and staffers, San Mateo Congresswoman spearheaded a bill to fund $500,000 of sexual harassment training for Congress members. Despite the initiative, the money was swiped from the compromise bill. Now she is seeking the House Rules Committee to take action to prevent future instances of employment law violations and abuse. Though training is mandatory for employees and managers throughout California, Congress members have not been held to the same standards. For those in favor of the bill, stopping sexual harassment could mean a step as easy as mandatory sexual harassment training.

Soccer Team Owner Accused of Sexual Harassment

December 31, 2014 | by Nassiri Law

A Seattle soccer team owner has been sued for sexual harassment and members of the team have questioned whether he was properly screened and background checked. Twenty-two players quit the Seattle Impact FC team after only one season game. Players stood alongside the dance team known as “Ladies with Impact,” who also resigned to protest the assault of two dancers. According to reports, the coach, also a former college soccer player, had a history of sexual assault and misconduct in his two-decade career as a high-school coach. In addition to lawsuits filed against the coach, questions remain if other entities are liable for failure to background check the owner.

According to the Seattle Times, the coach had fired his staff and other office workers who were embittered by his management style. He accused the women who filed the lawsuit of being ‘dirt poor’ and trying to extort money through litigation. A 22-year-old dancer filed the lawsuit after the coach allegedly asked her to come over to his home. She accuses him of an assault that occurred during this encounter. The dancer was not only concerned about the professional complications of the assault, but has also been forced into counseling and takes medication to manage the stress associated with the event.

The coach has not been criminally charged for the offense, but the local law enforcement authorities are investigating. Members of the team, the association, and local fans have continued to protest his ongoing presence as the owner and coach of the team. The case has also raised questions about whether the Major Arena Soccer League (MASL) went through a proper screening process to vet the coach. The newly formed professional circuit has boasted top indoor talent, but has had other legal problems related to sexual harassment. Reports indicate that another coach of a team in Texas was sued in 2010 by a female intern at his New York consulting firm. According to the complaint, the coach sent inappropriate emails, texts and notes. The case was settled out of court for $50,000.