California Employment Law Update

Tag Archives: sexual harassment

March 2023 California Employment Law Notes

We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

No Claim By Employee Who Was Friends With Alleged Harasser

Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla began working at Rite Aid where Lund worked as a district manager/district leader. Atalla and her husband socialized with Lund and his wife, and Atalla and Lund exchanged … Continue Reading

November 2022 California Employment Law Notes

We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

Equal Pay Act Claim Should Not Have Been Dismissed

Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey.  As part of a corporate reorganization in February 2019, Trahey informed Allen and several other FSDs of his … Continue Reading

Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims

On February 10, 2022, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote.  The bill had previously passed the House of Representatives by a vote of 335-97. The White House has indicated President Biden will sign the bill. If enacted, the Act would amend the … Continue Reading

January 2022 California Employment Law Notes

We invite you to review our newly-posted January 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Manicurist Can Proceed With Hostile Work Environment Claim “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute … Continue Reading

Consider the True Implications of Waiving Arbitration

Employers: have you thought about the true implications of waiving arbitration? When considering how to end sexual harassment issues in the workplace, prioritizing training and policy review may be a better course. Read more in Anthony Oncidi’s latest column in the Los Angeles Daily Journal: https://lnkd.in/dcMBBFm… Continue Reading

New California Statute Shields Victims/Employers from Defamation Claims

California Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code.  The bill should protect both sexual harassment victims and employers against defamation claims from alleged harassers. The bill was sponsored by the California Chamber of Commerce and passed the Legislature with unanimous, bipartisan … Continue Reading

Title VII Claim Must Be Filed Within 90 Days Of Receipt Of Right-To-Sue Letter

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

$48,000 Judgment Affirmed In Favor Of Former Parks & Recreation Employee

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

DFEH Releases Guidelines On Preventing and Correcting Harassment

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

Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department

Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) Jabari Jumaane, an African-American firefighter with the Los Angeles Fire Department, sued the City of Los Angeles for racial discrimination, harassment and retaliation. Following a 34-day jury trial, the jury found for Jumaane on his claims and awarded him more than $1 million … Continue Reading

Independent Contractor Can Proceed With Sexual Harassment Claim Against City

Hirst v. City of Oceanside, 236 Cal. App. 4th 774 (2015) Kimberli Hirst, an employee of American Forensic Nurses, Inc., sued the City of Oceanside after she was allegedly sexually harassed by an Oceanside police officer while providing phlebotomist services on behalf of the Oceanside Police Department. A jury awarded Hirst $1.5 million, which the … Continue Reading

Franchisor Is Not Liable For Franchisee’s Alleged Sexual Harassment Of Its Employee

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

Male Employee’s Sexual Harassment Claims Should Not Have Been Dismissed

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

March 2014 California Employment Law Notes

$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

California Amends Sexual Harassment Law

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

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

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

Sexual Harassment Complaints Are Subject To Anti-SLAPP Motions To Strike

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

School District Could Be Vicariously Liable For Negligent Supervision Of School Personnel

C.A. v. William S. Hart Union High Sch., 53 Cal. 4th 861 (2012) Through a guardian ad litem, C.A. alleged that while he was a student at Golden Valley High School, he was subjected to sexual harassment and abuse by Roselyn Hubbell, the head guidance counselor at his school. C.A. sued the school district for … Continue Reading

LAPD Officer’s $2.1 Million Jury Award For Retaliation Is Reversed

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 … Continue Reading

January 2012 California Employment Law Notes

We invite you to review our newly-posted January 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Insurance Claims Adjusters May Be Exempt Administrative Employees Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative Employee-Attorney’s $440,000 Verdict Against … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK