Scott v. Gino Morena Enterprises, LLC, 2018 WL 1977123 (9th Cir. 2018) Taylor Scott sued GME in state court for sexual harassment and retaliation. Because Scott worked at a barbershop located on the United States Marine Corps Base Camp Pendleton, her state court action was removed to federal court under the federal enclave doctrine. After … Continue Reading
Hurley v. California Dep’t of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018) Delane Hurley worked as a staff services analyst who sued her employer, the Department of Parks & Recreation (“DPR”), and her former supervisor Leda Seals for harassment based on sex and sexual orientation in violation of the Fair Employment and … Continue Reading
Padron v. Watchtower Bible & Tract Soc’y of NY, Inc., 16 Cal. App. 5th 1246 (2017) Oswaldo Padron sued Watchtower for negligence; negligent supervision/failure to warn; negligent hiring/retention; sexual battery and sexual harassment, etc., associated with his allegedly being molested by one of Watchtower’s agents (Gonzalo Campos) when Padron was a child. Following multiple hearings … Continue Reading
Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby’s attorney (Martin Singer) reacted with: (1) a letter demanding that media outlets not repeat Dickinson’s allegedly false accusation, under threat of litigation; and (2) a press release characterizing Dickinson’s rape accusation as … Continue Reading
In a little-noticed provision buried deep inside the new Tax Cuts and Jobs Act (signed into law on Dec. 22) is the following “denial of deduction”: “Payments related to sexual harassment and sexual abuse – No deduction shall be allowed under this chapter for – any settlement or payment related to sexual harassment or sexual … Continue Reading
This law expands the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, FEHA requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position and … Continue Reading
Last month the Department of Fair Employment and Housing (DFEH) announced the release of a new guide for California employers on the steps they should take to prevent and correct workplace harassment. The nine page document provides employers with a helpful FAQ-style guide to maintaining an effective anti-harassment program, appropriately responding to employee complaints, and … Continue Reading
Thompson Reuters has just published our “handy guide” for choosing and using employment practices liability insurance (“EPLI”). The article is attached. There are a number of important things to keep in mind when considering your options and using these insurance policies if and when an employment claim is made or threatened. Please let one of our employment … Continue Reading
Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. This bill requires employers to inform each employee … Continue Reading
City of Petaluma v. Superior Court, 2016 WL 3342543 (Cal. Ct. App. 2016) Andrea Waters, who worked as a firefighter and paramedic for the City of Petaluma, alleged she was harassed and discriminated against based upon her sex. Waters also claimed she suffered retaliation after she complained about the treatment. Waters took a leave of … Continue Reading
CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) The EEOC filed suit against CRST (a trucking company) alleging that over 250 female employees and prospective employees had been subjected to sexual harassment. However, the district court dismissed all of the claims on various grounds, including that the EEOC had … Continue Reading
Arizona ex rel. Horne v. The Geo Group, 2016 WL 945634 (9th Cir. 2016) Alice Hancock was employed by Geo as a correctional officer at the Arizona State Prison. Geo contracts with the Arizona Department of Corrections to maintain and operate two facilities in the state. Hancock filed a charge of discrimination and harassment based … Continue Reading
New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations go into effect on April 1, 2016. The substantive law regarding these issues has not changed. However, the new amendments enumerate detailed requirements regarding anti-harassment policies and investigations, and institute additional notice and recordkeeping requirements. Anti-Discrimination and Harassment Regulations The new anti-discrimination and harassment regulations clarify … Continue Reading
State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc) Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from her employment. After an eight-day trial, the jury found ASARCO … Continue Reading
Jon Davler, Inc. v. Arch Ins. Co., 229 Cal. App. 4th 1025 (2014) After one of the owners of Jon Davler, Inc. (Christina Yang) found a used sanitary napkin in the women’s bathroom and blood around the toilet seat, she started yelling at the employees that they were “dirty” and demanded to know which of … Continue Reading
California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training must now also include education on preventing “abusive conduct” in the workplace, even if the conduct is not based on a protected characteristic nor … Continue Reading
Patterson v. Domino’s Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) Taylor Patterson was hired by Sui Juris (a franchisee of Domino’s Pizza) to serve customers at its store. Patterson alleged that she was sexually harassed by Renee Miranda, an adult male who held the title of assistant manager of the Sui Juris store. … Continue Reading
Kim v. Konad USA Distribution, Inc., 226 Cal. App. 4th 1336 (2014) Following a bench trial, Esther Kim was awarded $60,000 against her former employer (Konad) and her former boss (Dong Whang) for sexual harassment and wrongful termination. Curiously, defendants did not challenge the pleadings or file any pretrial motion to dispose of any part … Continue Reading
Lewis v. City of Benicia, 224 Cal. App. 4th 1519 (2014) Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia) and two former male supervisors for sexual harassment and the City for retaliation. The trial court granted summary judgment in favor of the supervisors (Steve Hickman and Rick Lantrip) and judgment … Continue Reading
$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to … Continue Reading
Minimum Wage Increased to $10.00 Per Hour By 2016 The minimum wage will increase in California from $8.00 to $9.00 per hour on July 1, 2014 and to $10.00 per hour on January 1, 2016 (AB 10). Employer Recovery of Attorney’s Fees Is Further Restricted California has amended Cal. Lab. Code § 218.5 to limit the … Continue Reading
Governor Brown signed Senate Bill 292 this week, amending the Fair Employment and Housing Act to allow an employee claiming sexual harassment to prevail without having to show that the allegedly harassing conduct was motivated by the harasser’s “sexual desire.” S.B. 292 was authored by Senate majority leader Ellen M. Corbett and principally sponsored by … Continue Reading
Aber v. Comstock, 212 Cal. App. 4th 931 (2013) Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he alleged defamation and intentional infliction of emotional distress. In response to Comstock’s cross-complaint, … Continue Reading
Aber v. Comstock, 2012 WL 6863235 (Cal. Ct. App. Dec. 18, 2012) Plaintiff Lisa Aber sued her employer and two of its employees, alleging that the employees had sexually assaulted her. Michael Comstock, one of the employee defendants, filed a cross-complaint against Aber, alleging claims for defamation and intentional infliction of emotional distress. Comstock alleged … Continue Reading
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