Sexual Harassment, Discrimination, and Bullying
Employment Law in California

Sexual Harassment – Taking the First Steps | Lawyer Timothy Broderick

Lawyer Timothy Broderick talks about the options and the first steps in responding to sexual harassment in the workplace.

Overview of Sexual Harassment-Related Claims – Lawyer Timothy Broderick

Lawyer Timothy Broderick talks about various sexual harassment related claims. ___ Lawyer Timothy Broderick’s LinkedIn page. Lawyer Timothy Broderick’s Avvo page. Lawyer Katrina Saleen’s LinkedIn page. Lawyer Katrina Saleen’s Avvo Page. Visit lawyers Timothy Broderick and Katrina Saleen at the Broderick Saleen Facebook page. Visit lawyers Timothy Broderick and Katrina Saleen at the Broderick Saleen… [read more]

Employee Classification Controversy

A current class action suit in San Francisco urges the court to declare that drivers for Uber are employees, as opposed to independent contractors. A controversy has arisen as to whether employees in companies like Uber and its rival Lyft should treat the drivers as employees instead of as contractors. The case outcome will have implications on the modern trend to treat workers as contractors.

California Fair Pay Act Will Help Women

In 1963, President John K. Kennedy signed the Equal Pay Act, which bars employers from paying employees of one sex wages that are lower than those paid to a different sex doing the same work. In October, 2015, the Governor of California signed the California Fair Pay Act which is designed to eliminate the still existing disparity between wages of men and women doing similar work.

Are Counselors Bound to Report Sexual Harassment Incidents on Campus under Title IX?

Confidential communications with bona fide psychological counselors are protected under the university policy as well as under the ethical rules of confidentiality for psychologists.

Confidentiality for a Potential Title IX Claim is Not Guaranteed

If a victim of sexual harassment at a university such as Stanford requests confidentiality in making a report of sexual harassment, the university will give “serious consideration” to the request. The policy at Stanford is that only in rare circumstances will the university proceed to a Title IX investigation against the wishes of the impacted victim.

Strict Title IX Reporting Requirements

Under Title IX, universities such as Stanford are obliged to implement policies that employees, including student staff, must report all Title IX related concerns so that notification ultimately is given to the Title IX coordinator.

Rumors Can Be Both Sexual Harassment and Defamation

Sexual rumors about an employee in the workplace can support causes of action for both sexual harassment and defamation. Defamation requires a false statement that damages the reputation of the subject person. Sexual harassment in the workplace can include the spreading of false rumors about the sexual activity of an employee. In order to qualify… [read more]

When is “consent” not consent?

In sexual harassment cases, the accuser must prove that the alleged harasser made “unwanted” sexual advances or engaged in other unwanted verbal or physical conduct of a sexual nature”. (These words come from the California jury instructions, CACI; see for example CACI Instruction 2524 Quid Pro Quo Sexual Harassment.) In the sexual harassment jury instructions,… [read more]

The EEOC’s New Guidelines for Pregnancy Discrimination: What This Means For You

           In a recent opinion piece in the Wall Street Journal, one author made clear his views on the Equal Employment Opportunity Commission’s new guidelines for pregnancy discrimination laws. Suffice to say, the writer of said article found little reason for the new legislation. Instead, he claimed that the new changes were simply another “radical… [read more]