Sexual Harassment

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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 on the pleadings for the City. A jury found …

$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 other humiliating and harassing conduct, including simulated masturbation…

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 circumstances under which an employer may recover…

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 the California Employment Lawyers Association, an organization of attorneys that…

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, Aber filed a special motion to strike under Code of…

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 that Aber published false statements about him to four…

A federal court jury on Wednesday awarded a record $168 million to a physician’s assistant who complained of multiple instances of sexual harassment by her supervisors in the cardiovascular surgery department at Sacramento’s Mercy General Hospital. The verdict is believed to be the largest ever awarded to a single plaintiff in an employment case. The plaintiff, Ani Chopourian, complained that she was sexually harassed on multiple occasions during her employment. Among other things, she alleged that one surgeon called her a "stupid chick" in the operating room, said she did surgery "like a girl," disparaged her Armenian heritage by asking if she had joined Al Qaeda, and referred to patients as "pieces of sh*t." Another surgeon allegedly stabbed her with a needle and broke the ribs of an anesthetized heart patient in a fit of rage, and yet another surgeon greeted the plaintiff each morning by saying "I’m horny" and slapping her on the bottom.

Joaquin v. City of Los Angeles, 202 Cal. App. 4th 1207 (2012)

Richard Joaquin alleged his employment as an LAPD officer was terminated in retaliation for his having filed a sexual harassment complaint against his supervisor, Sgt. James Sands. The case was tried to a jury and Joaquin was awarded more than $2.1 million in damages. On appeal, the city asserted that Joaquin had…

Joaquin v. City of Los Angeles (California Ct. App. 01/23/2012)

A Los Angeles Police Department officer filed a sexual harassment claim with the department against his supervisor, and after investigating the officer’s claim, the department determined the claim was unfounded. In response, the supervisor filed an internal complaint against the officer alleging that the officer had filed a false sexual harassment claim. Various internal investigations …

Fuentes v. AutoZone, Inc., 200 Cal. App. 4th 1221 (2011)

Marcela Fuentes worked as a part-time customer service representative (cashier) for AutoZone. Fuentes alleged that two managers (Melvin Garcia and Gonzalo Carrillo) had spread rumors that Fuentes had sexually transmitted herpes; that she and a coworker were engaged in a sexual relationship; and that she could make more money working as a stripper. On…