sexual harassment

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 ›

When California Employment Discrimination Involves Non-Minority Plaintiffs

December 28, 2022 | by Nassiri Law

When it comes to employment discrimination in California, we tend to presume that the complainants facing unfair treatment are those in the social minority group or otherwise at a systemic disadvantage. And they usually are: Black, Indigenous, and People of Color, women, religious minorities, members of the LGBTQ community, those with darker skin, those born outside of the United States, those who are pregnant, those with disabilities, etc. These are the individuals most commonly adversely impacted by personal biases and systemic inequalities that bleed into the workplace.

That said: State and federal anti-discrimination laws generally do not limit these protections solely to minority groups. For example, Title VII of the Civil Rights Act of 1964 states it’s an unlawful employment practice for employers to discriminate against employees on the basis of race, color, religion, sex, or national origin. Nowhere does it mention that certain races or religions or genders are the only ones covered by the law.

In other words, as our Los Angeles employment lawyers can explain, it is entirely possible for a White, Christian, heterosexual, young male born in the U.S. to be a plaintiff in an employment discrimination lawsuit. The key question is going to be: Was the worker treated unfairly on the basis of any of those characteristics?

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 ›

Game Maker Aims to Narrow California’s Sex Discrimination Law by Excluding Temp Workers

March 20, 2022 | by Nassiri Law

A popular video game maker is attempting to narrow the definition of the California sex discrimination law as defined by state law to exclude temporary workers. So far, the effort isn’t going well, as a Los Angeles Superior Court judge provisionally denied the employer’s request. Still, that isn’t a final ruling, so it’s still possible the question could be revived – or ultimately appealed.

Activision, which makes games like Call of Duty, Crash Bandicoot, World of Warcraft, and Tony Hawk Pro Skater, has been the target of a tidal wave of gender discrimination claims. Our Los Angeles sexual harassment lawyers have been monitoring the legal developments, and this case in particular was filed by the California Department of Fair Employment and Housing on behalf of female workers.

The company alleges the state erroneously expanded the employment lawsuit recently when it filed an amended complaint that included not only current and former female employees, but temporary employees and contingent workers. Lawyers for the defense say they were never notified of the state’s investigation into these workers before litigation was filed. This, the attorneys say, was a violation of the company’s due process rights. 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 Claims Against Actor Settled for $2.2 Million

July 6, 2021 | by Nassiri Law

California sexual harassment claims against Oscar-nominated actor James Franco by former film students were recently settled for $2.2 million. The students allege that they were sexually harassed and coaxed into performing increasingly explicit on-camera sex scenes. They further alleged that as students at his film school, they were victims of fraud. Plaintiffs include one of five women who went on the record with the Los Angeles Times in 2018 to detail allegations of on-set behavior that was sexually exploitative or at least inappropriate.

Franco, 43, has denied the allegations repeatedly. But allegations of his inappropriate and possibly predatory behavior with young women were swirling even before the #MeToo movement gained traction. For example, in a 2014 Instagram exchange, he pursued a 17-year-old girl from Britain he’d met outside a theater, asking her about details of the hotel room where she was staying – even after he found out how old she was. When those messages later when public, he released a statement saying he was “embarrassed” and calling social media “tricky.”

In the most recent lawsuits, plaintiffs allege Franco set up his educational institute as a means to pursue young women and sexually exploit them. Those who cooperated with him were reportedly led to believe that doing so would land them roles in his movies. Plaintiffs allege the defendant coerced them during a “master class on sex scenes” into participating in sexual activity that was gratuitous while denying them protections actors and actresses would typically have as professionals with nudity riders. (Such riders protect film professionals from coercion and exploitation.) 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 ›

Iconic Hotel’s Former Staffers Allege Sexual Harassment, Racial Discrimination, Retaliation

February 8, 2021 | by Nassiri Law

The hotel industry has been hit hard by the coronavirus pandemic. The Chateau Marmont in Hollywood is no exception, so it was no great shock when hundreds of employees were laid off in the wake of tanking bookings. But in the months since, speculation has increased that the layoffs may have been more of a calculated effort to tamp down unionization efforts by staffers, several of whom allege flagrant workplace racial discrimination, sexual harassment and retaliation.

The Hollywood Reporter published an investigation into these claims against the landmark hotel late last year after speaking to more than 30 employees. In a recent follow-up, the publication revealed several employment lawsuits have been filed against the company and former CEO, who himself was accused of sexual misconduct by at least five employees.

The story is notable because dozens of employees broke the hospitality industry’s widely accepted code of silence to shine a light on what they say was longstanding racial discrimination and sexual misconduct that managers and owners were complicit in brushing aside, if not in perpetuating it themselves. The former owner firmly denied the allegations, but now will have to answer to some of them in court. Continue Reading ›