sexual harassment

Same-Sex Harassment: Same as Opposite-Sex Harassment

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In a recent case, Plaintiff was an intern at a water treatment plant. Defendant, Plaintiff’s supervisor, showed him pornographic images on his computer. Defendant also told Plaintiff vulgar sexual jokes. Defendant also suggested that Plaintiff visit his home and once said, “Why don’t you just kiss me?” Defendant claimed that the joke telling and computer images were “mere banter among male co-workers.”

The court found that sexual harassment can occur between members of the same gender as long as the employee can show that he was harassed “because of sex” or was exposed to disadvantageous conditions to which employees of the other sex weren’t exposed.

Courts have recognized many situations that show same-gender harassment is discrimination “because of sex.” Explicit or implicit proposals of sexual activity between same-sex employees are sufficient proof of harassment if there is credible evidence that the harasser is seeking a same-sex relationship. However, harassing conduct doesn’t necessarily have to be motivated by sexual desire. Sexual comments intended to humiliate an employee and challenge his sexual identity can be sufficient to show unlawful harassment because of sex.

In this case, Plaintiff presented enough evidence to support an inference that Defendant was motivated by sexual interest.

BOTTOM LINE: Same-gender sexual harassment claims are just as dangerous as claims filed by opposite-sex employees. An employee need not necessarily object at the time of the offensive conduct to later pursue a claim, so you must make certain that everyone in the workforce is trained on the do’s and don’ts of proper workplace conduct and not wait until an employee complains to be proactive.

Read More: http://goo.gl/evCh2p

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been sexually harassed at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

Sexual Harassment Outside of Work

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Sexual harassment is not only prohibited at work but it also applies outside of work. Illegal sexual harassment can occur outside of work or at social events. Sexual harassment is also prohibited via written, oral, electronic, and all other forms of communication, including social networking. Further, nonemployees, such as customers, clients, patients, contractors, vendors, and suppliers may be liable for sexual harassment. Also, employers could be held liable for sexual harassment if it is done by a third party, i.e., vendors, clients, against their employees if they are placed on notice and if they fail to stop it.

Read More: http://goo.gl/F1qRgH

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

What Constitutes Unacceptable Harassment at Work?

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Here is a list of 16 examples of harassing behavior:

• Unwelcome or inappropriate touch, such as patting, pinching, or brushing against someone
• Mimicking or making fun of someone’s accent, disability, diction, gestures, or manner of speech or religious, racial, or ethnic attire or dress
• Sexual flirtations, bantering, etc.
• Sexually suggestive conversations, comments, questions, stories
• Racial, ethnic, or religious jokes or jokes that belittle or stereotype any other protected group
• Obscene, sexual, or suggestive materials, cartoons, objects, photos, etc.
• Hate symbols, such as a noose, a swastika, or a KKK symbol
• Nicknames that relate to any protected group, such as “Grandpa”
• Linking employment decisions or benefits to a subordinate’s submission or refusal to submit to sexual advances
• Questions or comments about an employee’s actual or perceived sexual orientation
• Asking for sex and other sexual advances or propositions
• Sexual or suggestive jokes
• Sexual or physical assault
• Hate slurs that relate to any protected group, such as the “N” word and the “C” word
• Stereotyping comments, such as “you don’t sound …”
• Other inappropriate or unprofessional conduct that relates to or is directed at a protected group

Who Can Be Held Liable for Harassment at Work?
Not only is the employer liable but also managers and supervisors may be personally liable.

Read More: http://goo.gl/bO5sFj

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in sexual harassment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been sexually harassed at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

$1,250,000 Million Dollar Verdict When Shopping Mall Owner Sexually Harasses Manager, Demands Sex

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Plaintiff worked as a mall manager. From the time plaintiff was hired, defendant mall owner subjected her to incidents of sexual harassment. The turning point occurred when the defendant propositioned plaintiff for oral sex in exchange for a raise. Plaintiff refused and the next day defendant threatened to fire her. His conduct escalated, calling her gender-based names, directing vulgar profanity at her, and sending sexually explicit emails. At trial, eight other women, testified as to defendant’s sexual misconduct towards them and plaintiff.

Jury voted in favor of the plaintiff and awarded her $1.25 million dollars, including $1 million in punitive damages and $250K in emotional distress.

Read More: http://goo.gl/QJcQVa

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in sexual harassment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been sexually harassed at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/

California’s DFEH Report Highlights Discrimination Trends

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The California Department of Fair Employment and Housing (DFEH), California’s civil rights agency, recently submitted an annual report showing trends toward filings related to disability, race and gender-based discrimination.

In 2012, there were 19,839 employment cases filed with the DFEH. The majority of the DFEH cases were for: Disability Discrimination (13,452), Race/Color Discrimination (6,990), and Sexual Harassment (6,169).

Trending in 2014 is an expected increase in discrimination cases based on gender, gender identity and gender expression. Also trending is an expected increase in cases brought under the California Family Rights Act and Pregnancy Disability Leave laws.

Read More: http://goo.gl/uvAb3h

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

Sexually Harassing Conduct Need Not Be Motivated by Sexual Desire

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California has expanded protection from sexual harassment to include sexually harassing conduct that is NOT motivated by sexual desire.

In 2011, a California appellate court decided that a set of excessive egregious comments and conduct by male co-workers against another male co-worker did not constitute sexual harassment because the harassment was not motivated by sexual desire. This decision left a lot of people baffled. If the harassor and the victim were not of the same sex, we suspect the court would have had no trouble finding the behavior constituted unlawful sexual harassment.

However, a couple of months ago, California’s Fair Employment and Housing Act was amended to specifically include that “Sexually harassing conduct need not be motivated by sexual desire.”

This concise and direction addition will protect more employees from sexual harassment.

Read More: http://goo.gl/eEN0fj

Are you or anyone you know been sexually harassed at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

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Los Angeles Employment Attorneys in California With More Than 17 Years of Experience

The Law Offices of Payab & Associates is a Los Angeles based law firm founded by David Payab, Esq., with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

 The Law Offices of Payab & Associates takes every employment case seriously. Our office is determined to make sure you are zealously represented and that your case is resolved in the most efficient, cost-effective manner possible. We provide high quality legal representation with each case given the individual attention required to obtain an optimal resolution at the lowest possible cost to each client. We have represented numerous clients in employment cases and we have consistently obtained outstanding results for our clients.

Our attorneys take your employment cases on aContingency basis. This means that you do NOT have to pay anything for the legal service until we have settled your case. After winning your employment case, we will only take a percentage of the award of damages. This means that there is NO cost if there is no recovery. This is our guarantee for all of our employment cases. Please contact us if you have any questions.

The Law Offices of Payab & Associates serves clients in Woodland Hills and throughout surrounding areas in Los Angeles County including Encino, Tarzana, Northridge, West Hills, Topanga, Canoga Park, Chatsworth, Reseda, North Hills, Calabasas, Agoura Hills, Simi Valley, Thousand Oaks, Sherman Oaks, Van Nuys, Glendale, Burbank, Panorama City, North Hills, North Hollywood, Hollywood Hills, Beverly Hills, Westwood, Century City, West Los Angeles, Hollywood, Central Los Angeles, Santa Monica, and Brentwood.

Questions? Contact the Law Offices of Payab & Associates @ (800) 401-4466

New California employment laws for 2014: What Your Business Needs to Know

The year of 2014 brings in a lot of new employment laws including a higher minimum wage, more powerful whistleblower protection, and new immigration status-related protections for employees.

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Some highlights of new employment laws in California:
– As of July 1, 2014, California’s minimum wage of $8.00/hour will be increased to $9.00/hour.
– More broad protection under the California Fair Employment and Housing Act (FEHA) to include “military and veteran status.”
– More broad definition of harassment to now state that sexually harassing conduct need not be motivated by sexual desire. So long as the harassment was directed to someone because of his or her sex, the harassment is unlawful.
– Labor Code section 98.6 is expanded to protect an employee’s written or oral complaint that he or she is owed wages.
– As of July 1, 2014, the family temporary disability insurance program will be expanded to include wage replacement during time off to care for a seriously ill grandparent, grandchild, sibling or parent-in-law.

What does this all mean? More protection from harassment and discrimination for employees.

Source: http://goo.gl/iCayql

Call the Law Offices of Payab & Associates @ (800) 401-4466 if you have any questions regarding your rights at work.