California Employment Lawyers Blog

In recent California employment law news, California Republican gubernatorial nominee Meg Whitman addressed a New York Times report claiming that while chief executive of EBay, she shoved an employee in a 2007 verbal dispute at the company's headquarters in San Jose, that resulted in an employment settlement.

According to the report, communications employee Young Mi Kim was assisting Whitman to prepare for a Reuters interview when the incident occurred. Whitman reportedly got angry, used expletives, and shoved Kim while they were preparing in a conference room. Kim sought legal representation and threatened Whitman with a lawsuit. The harassing employment incident was reportedly resolved by a private mediator, for a settlement amount that other former employees described as around $200,000.

In response to the article, Whitman described the incident as a verbal dispute, and claimed that these kinds of disputes are likely to happen in any work environment with high stakes and pressure. She dismissed the recent media frenzy surrounding the 2007 altercation as a "fascination of the chattering class" claiming that what voters really want to focus on is how to fix the State of California's economy, jobs, and public school system.

As the Los Angeles Times reports, this is not the first employment incident that has reemerged during the campaign from her corporate experiences. While working at FTD, Whitman was reportedly accused of age discrimination, an employment lawsuit that ended in another confidential settlement.

Continue reading "Whitman Dismisses Media Frenzy over EBay Employment Incident" »

In a recent Southern California sexual harassment lawsuit settlement that our attorneys at Howard Nassiri, PC discussed in a blog, Starbucks has settled a lawsuit with a 20-year old former barista from Orange County, California, who claims that the coffee giant neglected to protect her from sexual demands made by the store manager, when she worked there as a teenager.

The former Starbucks barista, Kati Moore, claimed in her lawsuit that while working as a barista for the company at the age of 16, she was subjected to constant sexual harassment and discrimination by her then 24-year old supervisor. Moore claimed that Starbucks failed to protect her from the discrimination and sexual harassment, especially because other Starbucks supervisors reportedly knew about the sexual violations happening, but didn't come forward.

After finding out about the relationship, Moore's mother contacted prosecutors. Moore's manager claimed that he did not know that Moore was 16, and pleaded guilty of illegal sex with a minor--a felony charge that led to four months in prison.

Starbucks claims to have a strict policy against sexual harassment, as well as employee relationships. After the release of the "20/20" news program investigating Katie Moore's case, and teen sexual harassment in the workplace, Starbucks reportedly stated that because the employees violated company policy by concealing their relationship, the company was confident the case would be resolved, in finding that Starbucks was not at fault.

Continue reading "Starbucks Settles with California Teen in Sexual Harassment Lawsuit" »

In a highly publicized employment news story that has swept the nation over this past week, former Citibank worker Debrahlee Lorenzana was featured in a Village Voice article, revealing the details of her lawsuit against Citibank for gender discrimination because of the company's reaction to her work attire and looks. After Lorenzana was reportedly fired last year due to poor work performance, she slapped Citibank with a discrimination lawsuit, claiming that her bosses thought she was too "hot."

Lorenzana claims in her lawsuit that two male bosses told her to stop wearing tight turtlenecks, pencil skirts, heels or fitted business suits, and fashionable clothing that accentuated her buxom figure--that reportedly distracted her male co-workers and supervisors. The 33-year old single mother claims that she always dressed in a fashionable and respectable manner, and that other female colleagues wore clothing that was more revealing, yet they were not asked to change their wardrobe.

In the Village Voice article, complete with a 32 page spread of photographs of Lorenzana in tight and body hugging clothing, Lorenzana claims that she was punished because her shapely figure attracted too much attention, and was "too much" for her male coworkers and supervisors to "bear" looking at. Lorenzana is accusing Citibank of discrimination based on gender, creating a hostile work environment, and retaliation.

According to the Village Voice, because Lorenzana signed a mandatory arbitration clause before as a condition of employment, the case will never go to trial in front of a jury or judge. An arbitrator will reportedly decide the outcome of the case.

Continue reading "Employee Who Claims Citibank Fired Her for Being Too "Hot" Sues for Gender Discrimination" »

In recent news, that our Riverside, California Employment Attorneys have been interested in, a current sexual harassment trial hoped to change history this week, as a Brooklyn lawyer attempted to use a brain scan to prove honesty in court, as the next generation of a lie detector test.

According to Wired.com, David Zevin, an attorney in Brooklyn, hoped to blaze a trail in court this week by attempting to offer a brain scan as key evidence that a witness in the trial is speaking the truth.

The brain scan in question is the fMRI scan, used instead of the polygraph test for truth telling. If admitted in court, the brain scan would be groundbreaking in regard to neuroscience's role as evidence in future courtrooms.

Zevin is representing female employee Cynette Wilson in a sexual harassment and retaliation lawsuit. Wilson was reportedly harassed in a sexual manner on the job, and complained to the temp agency that placed her, named CoreStaff Support Services. Wilson claims that after complaining about the harassment, she stopped receiving the best temporary assignments out of retaliation. Another CoreStaff worker reportedly overheard the supervisor state that Wilson should stop receiving temporary job assignments because of her sexual harassment complaint.

Continue reading "Lawyer Attempts to Use Brain Scan as Evidence in Sexual Harassment and Retaliation Case" »

In a recent blog our employment attorneys at HOWARD | NASSIRI, PC discussed a recent $1 million employment lawsuit against action movie star Steven Seagal, for allegedly harassing and assaulting a former employee in a sexual way, as well as retaliation.

This week, two more former employees came forward claiming that they were also sexually harassed by Seagal, one of whom is Blair Robinson, the granddaughter of Ray Charles.

Robinson reportedly met Seagal in 2004 at her grandfather's funeral service. Seagal soon after hired Robinson to be his assistant, where she allegedly was told on the first day that is was required in her job description to give him massages. Robinson claimed that it quickly became clear that Seagal expected sexual favors as a part of her job responsibilities, an employment proposition Robinson was unwilling to accept.

According to TMZ, another woman also came forward claiming that Seagal made similar unwanted sexual advances toward her while she was employed by the film actor. She claimed that he touched her inappropriately by placing his hands on her breasts and down her pants. The former employee reportedly screamed and cried until Seagal released her.

Continue reading "Sexual Harassment Lawsuit Saga Continues for Action Star Seagal" »

In recent Los Angeles, California employment news, action movie star Steven Seagal is being sued by a former executive assistant for sexual harassment, and for allegedly using her as a "sex toy."

According to the reports, 23-year old model Kayden Nguyen filed a complaint with the California Department of Fair Employment and Housing, alleging that while employed by Seagal she was sexually harassed, repeatedly fondled by him against her will, and given prescription drugs. She requested that the agency give her the right to sue for these employment violations, and her request was approved. She filed the civil lawsuit in Los Angeles County Superior Court.

Nguyen reportedly applied for the executive assistant position and was quickly hired in February 2010 and flown to Louisiana on Seagal's private jet where he is currently filming "Steven Seagal Lawman," a television show for A&E Network, which follows Seagal as he makes law enforcement runs. Nguyen claims that when she arrived at the home, she was shocked to find that her room did not have a door, only a curtain.

In the lawsuit Nguyen claims that instead of assisting Seagal with his business duties, she was treated like a "sex toy," and expected to work with two Russian women to allegedly assist action star's sexual needs on a 24 hr basis. She claims that she was told she would be replacing one of the women. Nguyen alleges that she was then sexually assaulted three times by Seagal over a period of six days, one of which was described as a "vicious sexual attack."

Continue reading "Steven Seagal Sued for Sexual Harassment--Lawsuit Suspends Reality Show Filming" »

In a previous blog, our Anaheim-based Labor and Employment Lawyers discussed a recent California wage and hour lawsuit filed by former Hooters waitresses who claimed to have been subjected to violations of California labor laws.

According to a recent article in the New York Times, this case is revealing to many as the three class action lawsuits have nothing to do with skimpy uniforms female waitresses are required to wear, or the nature of the provocative theme promoting the restaurant--that sex sells and it is legal.

This class action wage and hour lawsuit is accusing Hooters of California wage and hour law violations, by forcing waitresses to buy their own uniforms, work through breaks, share hard earned tips with managers, and work for free at bikini car washes, gold tournaments, car shows, even going to local businesses to give them free wings.

The article claims that from 2000 to 2005, employment-related class-action lawsuits have increased more than 300 percent in the State of California, the highest number of lawsuits in the country, next to Florida, who wins for per-capita filings. California is reportedly home to the most expansive and rigid laws protecting employee rights in the workplace.

Continue reading "Hooters Reveals Increase in California Class-Action Lawsuits" »

As Santa Ana, California Employment Lawyers, we have been following the news story this week of the shocking store announcement made by an employee or possible shopper of a New Jersey Walmart, where they announced over the PA system that all black people had to leave the store immediately.

According to the Associated Press, the manager quickly addressed the problem and publicly apologized to the customers in the store. Officials with the Walmart Store in Bentonville, Arkansas claimed that the comment was not acceptable, and they are investigating how the possible bias-crime came to happen.

Walmart has faced similar high profile controversy in the past. In a previous blog our attorneys discussed the gender-based sex discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), where the retail company agreed to pay more than $12 million to female applicants who were reportedly denied jobs based on gender and not qualification.

In other instances, black customers have reportedly claimed that they received unfair treatment at local Walmart stores, and in February of last year, the retail store paid over $17 million in a class action lawsuit settlement that alleged racial discrimination in hiring practices.

Continue reading "Racial Announcement in Walmart Store Tells Black People to Leave" »

In last week's blog, our Anaheim-based Employment and Labor Attorneys discussed sexual harassment in the workplace, and how sexual harassment is considered a form of discrimination according to California and Federal laws.

According to Title VII of the Civil Rights Act of 1964, it is against the law to discriminate against a person based on sex, race, religion, color and national origin with hiring, firing, promotions, training, harassment, benefits, or wage discussions. Title VII also prohibits discrimination against an individual employee based on an association with another employee or individual of a specific sex, race, religion, color or national origin.

Title VII also makes it illegal to retaliate against an individual because the employee complained about discrimination, filed a discrimination charge, or engaged in an investigation or lawsuit involving discrimination. Under Title VII, employers are required by law to reasonably accommodate an employee or applicant's religious beliefs that are sincerely held, unless it would create or impose any undue hardship on the business operations of the employer.

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the federal laws that protect employees or job applicants from discrimination based on a person's race, religion, color, national origin, or sex, which includes pregnancy. Most employers with at least fifteen employees are covered by Title VII, as well as most labor unions and employment agencies. The EEOC may also step in and protect employees by investigating, mediating, and by filing lawsuits on behalf of the victims.

Continue reading "Sexual Harassment and Title VII of the Civil Rights Act of 1964" »

In recent national news that our Carson, California Labor and Employment Lawyers have been following, members of the nonprofit group "Make the Road New York," a group that combats national origin discrimination within the administration of New York City public schools and government agencies, held a rally and news conference in front of the Fifth Avenue J. Crew retail store to protest against alleged discrimination against job applicants who are transgender.

Researchers reportedly investigated the hiring practices of over twenty Manhattan retailers in the report entitled, "Transgender Need Not Apply: a Report on Gender Identity Job Discrimination," and found J.Crew to be in violation of the Human Rights Law of New York City.

According to the San Diego San and Lesbian News, the employment survey followed transgender and non-transgender applicants with equal qualifications, work experience, race and age, and found that 42 percent of job applicants who are transgender experience discrimination, a figure that is reportedly high compared to the statistics that were documented for other populations, including the elderly or African-Americans.

Irene Tung of "Make The Road New York" claimed that J.Crew is being focused on because they allegedly acted with a pattern of discrimination against the transgender applicants. "Make the Road New York" has filed a complaint with the New York State Attorney Generals' Office and claims that J.Crew violated New York City's human rights law.

Continue reading "Employment Study Questions J.Crew's Hiring Practices--Discrimination Against Transgender Applicants" »

In yesterday's blog, our Southern California Labor and Employment Lawyers discussed that sexual harassment is considered a form of discrimination in both California state and Federal laws.

Under the California Fair Employment and Housing Act (FEHA), harassment based on sex includes gender harassment, sexual harassment, harassment based on medical conditions, or harassment based on pregnancy.

Sexual harassment is defined by the FEHA as unwanted sexual advances or visual, physical or verbal behavior that has a sexual and offensive nature, and can even include same-sex gender-based harassment. A partial list of the FEHA violations in the workplace include:

• Sexual advances that are unwanted
• Physical touching, assault or obstructing the movements of an employee
• Threatening an employee after being rejected by sexual advances
• Visual conduct--making crude or sexual gestures, staring or leering, displaying sexually suggestive pictures, objects, posters or material.
• Verbal conduct--engaging in sexually offensive or derogatory slurs, comments or jokes.
• Sexual advances of a verbal nature, including propositions for sexually inappropriate activity.
• Verbal abuse of a sexual nature--sexually charged comments about an employee or individual's body, offensive or degrading sexual comments spoken against an individual, sexually suggestive notes, invitations, or obscene letters.

Continue reading "Sexual Harassment in the Workplace and California FEHA Law" »

In our ongoing report on sexual harassment in the workplace, our Riverside Labor and Employment Attorneys have been following the news released this week that a high-end New York fashion designer is suing her boss for egregious sexual harassment.

Maria Adamkiewiczm a designer at S. Rothschild & Co., the well known coat company, carrying labels such as Tommy Hilfiger and DKNY, filed a lawsuit yesterday in Manhattan, claiming that she had to resign from the company in 2008 because of enduring continual sexual harassment from her boss, Michael Kaufman.

According to the suit, Kaufman's harassment started in 2006, when he suggested that Adamkiewicz and a colleague buy sex toys to use with their boyfriends from a Hustler lingerie shop that he brought them to on a business trip in Los Angeles. In other allegations, Adamkiewicz claimed that Kaufman licked her hand during a meeting and asked jokingly if that constituted sexual harassment, and also dropped his pants on another occasion. In another instance Kaufman reportedly removed his belt in front of an employee and jokingly snapped the belt, claiming that he was going to whip her with it.

Adamkiewicz, who created design sketches and developed fabric designs for the company claimed to have filed a complaint with S. Rothschild & Company's president Mark Friedman about the sexual misconduct. Friedman reportedly admitted that he was aware of Kaufman's actions.

Continue reading "High-end New York Designer Files Sexual Harassment Lawsuit" »

In yesterday's blog our Anaheim, California Employment and Labor Attorneys discussed the increase of male sexual harassment charges across the country being reported to the U.S. Equal Employment Commission, (EEOC) over the past ten years.

According to a recent article in the Associated Press, male sexual harassment claims comprised 12 percent of all cases ten years ago, and this number has grown even as the number of complaints has declined. In 2009, the percentage of lawsuits filed by the EEOC on behalf of male employees who claimed sexual harassment rose to 14 percent--a record high.

The majority of these charges reportedly involve men harassing other men, although some cases allege female harassment by co-workers or supervisors. The Associated Press reports that cases involving women making unwanted sexual advances toward male employees may be rising as more and women make up large part of the ever expanding work force.

In a recent blog, our attorneys discussed a lawsuit brought by the EEOC last year, in which a male employee of a Regal Entertainment movie theater in Los Angeles, California, claimed sexual harassment by a female co-worker and was awarded $175,000 in monetary damages. According to the suit, after complaining to the supervisor, she neglected to stop the harassment and retaliated against the male employee with poor performance evaluations and unfair discipline.

Continue reading "Growing Rate of Male Sexual Harassment in the Workplace by Women" »

In a recent blog, our Southern California Labor and Employment Attorneys reported on the growing number of male sexual harassment charges filed with state and federal agencies across the country.

Our lawyers discussed the lawsuit involving six male employees at a Phoenix Cheesecake Factory who endured repeated and severe sexual assaults by a group of male kitchen workers. The male employees were allegedly dragged kicking and screaming into the refrigerator where the male kitchen workers groped their genitals, forced simulated rape, and made offensive and sexual remarks. The Cheesecake Factory restaurant chain settled the lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) by paying $345,000 in monetary damages.

The Associated Press reported this week on another male on male sexual harassment case, in which employee Jonathan Pilkington was allegedly harassed by a male chef in a sexual manner, with groping, fondling, and pinching his genitals on numerous occasions while he worked at Fleming's Prime Steakhouse & Wine Bar. Pilkington stood up for himself and complained to a supervisor, but the violations reportedly did not stop. Pilkington claims to have finally yelled at the chef, to stop the harassment and was fired a few days later--he claims in retaliation for filing the complaints.

Sexual Harassment in the workplace violates Title VII of the Civil Rights Act of 1964. According to the EEOC the filing of male sexual harassment charges has steadily multiplied over the past ten years from 12% to 16%. In 2009 the complaints filed by men totaled over 2,000, out of around 12,700 sexual harassment cases.

Continue reading "EEOC Shows Increase in Male Sexual Harassment Cases" »

Our Long Beach, California, Labor and Employment Lawyers are following the lawsuit settlement announced today by the U.S. Equal Employment Opportunity Commission (EEOC), where a worker with an intellectual disability was allegedly discriminated against by fellow McDonald's employees at a franchise that was once owned and operated by Alstrun LLP.

The lawsuit, brought by the EEOC, alleged that Timothy Artis, a worker for the McDonald's franchise, experienced illegal harassment based on his intellectual disability, even though he was fully capable of performing his job duties as lobby and lot worker.

The suit claims that Artis was subjected disability discrimination and harassment that included offensive name-calling and comments by colleagues, managers, and supervisors, as well as physical abuse and threats. In one harassing incident Artis was threatened with a box cutter by a co-worker.

After continual complaints were made to the McDonald's supervisors and officials by Artis's mother, Artis quit his job, because the restaurant chain neglected to take the necessary action to protect him from the physical and verbal abuse in the workplace.

Continue reading "Disability Discrimination Lawsuit Settlement--McDonald's Franchise Will Pay Employee $90,000" »