As you may already know from reading previous posts, In the state of California, it is unlawful to harass a person (an applicant or employee) because of that person's sex. It is unfortunate that when it comes to sexual harassment women and minorities are subjected to workplace harassment and discrimination.
Recently in the news two women (a current staffer and a former staffer) filed a lawsuit against a city parking authority claiming sexual harassment. Both plaintiffs claimed in their separate lawsuits that they were sexually harassed and suffered retaliation in connection with a lawsuit filed by another former employee. One of the plaintiffs alleged that the director of enforcement touched her breasts and buttocks, attempted to assault her in her home, and even suggested that the baby she gave birth to should have been his. Her suit contends that she was harassed by watching the defendant harass others. The case was settled for $300,000.
In order to have success in litigating a sexual harassment or retaliation case, one must establish that the conduct was committed without consent and the conduct was pervasive and offensive. Other contributing factors concern whether the offender was a co-worker or supervisor and whether the employer had reasonable notice of the conduct. Retaliation occurs when an employer, with notice of the offensive, fails to take action to prevent the conduct or responds unlawfully by terminating or disciplining the aggrieved party.
If you or anyone you know is a subject of workplace harassment, discrimination or retaliation and would like our firm to analyze the events to determine if legal action is appropriate, please contact our Orange County office for a free consultation to discuss your rights and options.
