- Employee’s action against employer alleging that she was the victim of revenge porn by a supervisor to whom she had sent nude photos during a short intimate relationship. Allegations included retaliation and wrongful termination in violation of FEHA as a result of reporting alleged harassment and supervisor’s showing of her nude photographs to co-employees and posting on the internet. Plaintiff alleged her termination was in retaliation of reporting the harassment. Defense claimed and put forth evidence of steps taken to investigate wrongdoing by the supervisor and that they had taken appropriate action to remove supervisor from the chain of authority over Plaintiff. Defense also alleged the termination of Plaintiff was due to documented poor work performance. The case was related to a second matter in which an additional employee alleged to have been harassed and victimized by revenge porn by the same supervisor without action taken by the employer after the allegations were reported. Employer set forth the defense of appropriate investigation and disciplinary action upon learning of the allegations.
- Dispute alleged that sexual harassment was tolerated by management which participated in supporting an atmosphere of acceptance that male engineers were superior in their work to that of female engineers.
- Dispute in which female employees alleged that employees of a small business were required to attend a weekly company off site meeting at a hotel bar, and that employees were encouraged to consume alcoholic beverages, which allegedly resulted in the sexual harassment of female employees by unwanted touching by and inappropriate conversations with male co-workers.
- Dispute in which a male employee of a large public institution alleged a hostile workplace and sexual harassment by other male employees who regularly engaged in inappropriate and unwanted conversations about their sexual activities.
- Dispute in which a public service employee alleged that she was wrongfully transferred to a less desirable work location in retaliation for refusing to submit to the sexual advances of the highest ranking employee in the unit.
- Dispute regarding allegations of sexual harassment of a male hospital worker by other male hospital workers.
- Dispute regarding allegations by a male nurse of sexual harassment by his female supervisor.
- Dispute regarding sexual harassment by a female office worker who contended that she was given a drug without her consent at an office retreat, and was raped while she was under the influence of the drug.
- Dispute regarding sexual harassment alleged by a female employee who contended that the head of her department retaliated against her by giving her undeserved poor performance reviews after she refused to have sexual relations with him.
- Dispute regarding sexual harassment alleged by a high level public employee who contended that the head of her department tolerated a work environment in which inappropriate sexual conversations, including sexual humor and print materials, were tolerated, and that her complaint resulted in retaliation against her, and ultimately, resulted in her termination.
- Dispute regarding a male employee who brought a wrongful termination action against his employer, alleging that his employer failed to properly investigate false allegations of sexual harassment brought against him by a female employee who was under his supervision, and that her allegations were brought in retaliation when he properly promoted a male employee instead of promoting the female employee.
- Fifteen year old high school student alleged that she took a driver’s training behind the wheel course. She further alleged that her instructor told her to park in a secluded area where he then sexually assaulted her. The student sued the driving school for negligent hiring, retention, and supervision, negligence, and unfair business practices in violation of Business and Professions Code section 17200.
- Employee alleged that her production manager constantly harassed her by making sexually explicit comments and gestures, showing her pornographic material on his computer, inappropriate touching, and trying to arrange to give the employee a private massage outside of work. He called her several times a day at work to talk about non-work matters and to flirt, lifted her pant legs to see her socks, and propositioned her to join him on their lunch break and in the bathroom. He asked her to send him pictures of herself, and she refused.
The production manager told her that any raise she receives would be because of him, and after she continued to refuse his advances, he implied that she would be terminated. The employee continued to complain, and ultimately, a meeting was held to reprimand the production manager, attended by the entire chain of command. The ensuing turmoil in the workplace resulted in the employee being ostracized, her hours were reduced, and her schedule was changed to conflict with her child care. Due to the hostile work environment, the employee left her job. She filed an action against the production manager and her employer for unlawful harassment, failure to prevent harassment, and retaliation in violation of Government Code section 12940, constructive discharge/wrongful termination in violation of public policy, and intentional infliction of emotional distress.
- A lead man for a major studio hired a female set dresser on the condition that she pay him her first month’s wages and submit to his sexual demands. The set dresser alleged that, when she started work, he reminded her of the arrangement, and she gave him two checks. The lead man threatened to terminate the set dresser unless she agreed to be his girlfriend. He regularly tried to touch and kiss her in front of his supervisor and others. Several times, he offered to pay for her personal items using studio funds, which she declined. He called her and texted her with inappropriate messages, mostly after midnight. She repeatedly asked him to stop, and advised him that she was very uncomfortable with his conduct. When she didn’t reply, he threatened to drive to her house and bust down the door.
He also demanded more wages from her, threatening to terminate her. He insisted on spending the Christmas holiday with her and her family, again threatening to terminate her if she refused. He then withheld her paycheck, and did not allow her to leave work when all others left, saying she was ‘in the penalty box’. He finally terminated her, and she filed an action against him and the studio for sexual harassment by maintaining a hostile work environment, failure to prevent discrimination, wrongful termination for gender discrimination, harassment, and retaliation, and for failure to pay wages and for waiting time penalties in violation of Labor Code sections 201, 202, and 203.