Orange County Employment Lawyer Blog

The Los Angeles City Fire Department will pay $494,150 to settle a lawsuit filed by a firefighter citing harassment and retaliation. The firefighter was employed since 1986 and initially filed the discrimination charge in 2007, alleging that he was continually harassed by his coworkers at his station. He alleged that his fellow firefighters would make offensive sexual and religious comments.

As an Orange County Employment Law Firm sexual harassment and retaliation, investigating a potential defendant is extremely important. In this particular lawsuit the Equal Employment Opportunity Commission did their due diligence in protecting the plaintiff's rights.

The Equal Employment Opportunity Commission uncovered that the harassment that began in late 2006 appeared to be linked to a lawsuit filed against the Catholic Church by the plaintiff regarding sexual abuse by a priest. Once co-workers found out that the plaintiff had filed a lawsuit against the Catholic Church over the abuse, several of them mocked and ridiculed him.

Although the plaintiff complained about the harassment to management nothing was ever done. The investigation found that the fire department failed to property investigate the plaintiff's claim. The investigation also found that the plaintiff suffered retaliatory discipline for participating in another Equal Employment Opportunity Commission investigation.

Sexual Harassment and religious discrimination nature is against the law. Once an employer receives a complaint or has other reasons to believe there is harassment or discrimination pertaining to race, sex, color, religion, marital status, national origin, ancestry, disability, medical condition, age and/or sexual orientation has occurred or is occurring an immediate investigation must commence.

There are certain types of complaints reported internally by employees to their employers that require special attention. In particular, employee complaints pertaining to unlawful harassment and discrimination or retaliation in the work place or employee complaints pertaining to wage and hours matters (such as overtime) may require that employers take certain steps in addressing the employee's complaint to minimize their legal exposure.

Failure to conduct an immediate, reasonable investigation or to take the above-described preventative steps may give rise to viable legal claims against a non-compliant employer. These claims typically make available the following damages: Compensatory damages, emotional distress damages, punitive damages, and the reimbursement of reasonable attorney fees and costs.

Continue reading "A Los Angeles County Firefighter Settles Harassment and Retaliation Case for nearly $500,000" »

A woman in Los Angeles County filed a lawsuit against a Malibu wedding venue for firing her because she complained about fraud and Sexual Harassment. At our Orange County Employment Law Firm, it has been our experience that Sexual Harassment cases are on the rise more than they have been in past years.

The Lawsuit alleges breach of contract, sexual battery, retaliation and gender violence. The plaintiff was fired after representing documented complaints, which means she was wrongfully terminated. She is seeking more than $425,000 in damages.

Employees have the right to be free of sexual harassment in the workplace. Sexual harassment can take one of two forms: (1) Quid Pro Quo and/or (2) Hostile Work Environment.

"Quid Pro Quo" sexual harassment may occur when employment or employment benefits are conditioned upon the employee's acquiescence to unwanted sexual advances. "Hostile Work Environment" sexual harassment generally occurs when an employee is the subject of unwanted sexual advances, or other sexual conduct (be it visual, verbal and/or physical). The conduct, however, must be sufficiently severe or pervasive, as a matter of law, to rise to the level of unlawful sexual harassment. In many cases, a few isolated incidents may not be sufficient.

A "hostile work environment" sexual harassment claim may depend upon some or all of the following factors: (1) Whether the conduct was committed without consent; (2) Whether the conduct was sufficiently severe or pervasive; (3) Whether the person committing the harassment was a co-worker or a supervisor; (4) Whether the company maintained a written policy against sexual harassment; (5) Whether the employer had adequate notice of the sexually harassing conduct; (6) Whether the employer undertook a reasonable investigation and preventative steps following notice of the sexually inappropriate conduct.

A claim for sexual harassment typically makes available compensatory damages, emotional distress damages, punitive damages, and the reimbursement of reasonable attorney fees and costs.

Continue reading "Los Angeles Woman Fired For Complaining About Sexual Harassment" »