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Sexual Harassment, Discrimination, and Bullying
Employment Law in California

Archives for July 2013

What is Sexual Harassment According to the U.S. Equal Employment Opportunity Commission?

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with… [read more]

Proving Implicit Conditions For Quid Pro Quo Sexual Harassment: Victim Must Only Show that Condition Was Reasonably Inferred

In order to establish a case of quid pro quo sexual harassment, an employee must show that the harasser explicitly or implicitly conditioned a job, a job benefit, or the absence of a job detriment, upon the employee’s acceptance of sexual conduct.” Heyne v. Caruso, 69 F.3d 1475, 1478 (9th Cir.1995). In quid pro quo… [read more]

U.S. Supreme Court Ruling Impacts Women’s Rights

By a five-to-four decision, the U.S. Supreme Court in Coleman v. Court of Appeals of Marylandruled on March 20, 2012 that state workers cannot sue for money damages if their employers deny them medical leave under the Family and Medical Leave Act (“FMLA”). This ruling puts state workers and their families at risk when workers become pregnant… [read more]

Sexual Harassment Victim Prevails on Gender Violence Cause of Action Under the Ralph Act

In the case of Ventura v. ABM Industries Incorporated (2013) 212 Cal.App.4th 258, the California Court of Appeal held that hate is not a necessary element to prove in determining whether one has violated Civil Code § 51.7, which prohibits threats or violence because of an individual’s gender. The plaintiff in the case, Ms. Ventura, after suffering sexual… [read more]

How To Use Personal Strengths to Fight Sexual Harassment

Determine your top five character strengths and how to use them to overcome and cope with the effects of sexual harassment in the workplace. Sexual harassment can create an offensive work environment, leaving victims feeling fear, guilt or shame—but they are far from helpless in overcoming and coping with the effects of harassment. Get informed, determine… [read more]