Sexual Orientation and Hostile Work Environment

Sexual orientation refers to an individual’s physical, emotional, or sexual attraction to another person of the same or opposite sex.  Sexual orientation differs from gender identity, as it not only stands for a person’s internal sense of identity, but also for his or her actual or desired sexual behavior.  In order for an employer’s behavior to amount to the level of sexual harassment, his or her acts must be of a sexual nature or based on hostility; be unwelcome; and be sufficiently severe or pervasive so as to substantially interfere with the victim employee’s work performance. For more information regarding the logistics of hostile work environment harassment, you should consult a sexual harassment lawyer in Orange County.

It is unlawful for an employer to retaliate against an employee because he or she took a stand against an act or incident that reasonably appeared to constitute sexual harassment. However, the definition of “retaliation” is still unsettled and typically depends on the specific facts at issue in the case.  For example, in Patino’s case, it could be argued that the comment made by Gary Greenberg, Birken’s then vice-president and general counsel, suggesting that Patino’s troubles in the workplace “may pose a safety risk to others” may qualify as a form of disguised retaliation.  This is because Patino’s being forced into a mental evaluation, if made a condition of his continued employment, could be considered a type of adverse action taken against him because of  his complaints. If you think your employer is taking adverse action against you because you have previously complained about harassment, you should talk to an experienced Orange County sexual harassment attorney about your rights.

There is Still More Headway to be Made

While an increasing number of states and municipalities are ordering and expanding anti-discrimination protection, and the outcome of Patino’s case indeed constitutes a “landmark” decision in the area of workplace harassment, there is still much more room for improvement in terms of the protections that are afforded to victims of such harassment. As previously mentioned, “[t]his case makes it a duty of the employer, once harassment is made known, to do something about it.” Additionally, the ruling made by the Connecticut Supreme Court affirms the fact that other types of discrimination, aside from discrimination based on sexual orientation (such as disability, religion, and national origin discrimination) are also protected and covered by anti-discrimination laws.

On the other hand, it appears unclear as to how an employer is made known of harassment, and standards should be put in place to reduce the amount of hoops that a victim must jump through, and in turn reduce the amount of suffering that he or she must endure before the situation is remedied.  In fact, when Patino’s co-workers were questioned about the alleged harassment, they denied having any knowledge about such incidents, and Patino was required to launch several complaints before his case was ultimately brought before a jury. If you are, or have previously been, experiencing sexual harassment based on your sexual orientation, you should not hesitate to contact a sexual harassment lawyer in Orange County right away.

The Equal Employment Opportunity Commission (EEOC) describes religious discrimination as “treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.”  Moreover, “harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).”

If the jury was guided by the EEOC’s definition of religious harassment and applied it to the facts of the case here, it is not difficult to see how they reached their decision.

According to Bashir, some of her co-workers at Southwestern Bell/AT&T engaged in a continuing course of offensive conduct following her conversion to Islam several years ago.  Some colleagues left Bible verses on her desk, others suggested she would hear better without her headscarf and asked her “if she was going to blow up the building.” She was also called a terrorist and “towel head.”  A controversial e-mail, the contents of which were not described, was also circulated throughout the office.  Perhaps the most egregious incident occurred in 2009, when Bashir claims her boss “grabbed her by her scarf, nearly pulling it off.”

Bashir took a leave of absence from the company for several months following the incident, but was terminated after 9 months.

Bashir filed, but later dropped, a harassment complaint against Southwestern Bell/AT&T with the EEOC in 2008.  She later requested a transfer, but was told by the company it would violate union rules.

Southwestern Bell/AT&T concedes that an e-mail regarding Bashir and her conversion to Islam was passed around the office, but that the company resolved it.  Southwestern Bell’s managers deny Bashir’s accusations, and their lawyer reminded jurors that Bashir did not follow up on her initial complaint in 2005, when she called the employee hotline to report the harassment.

After several hours of deliberation, the jury returned a verdict in favor of Bashir on the hostile work environment claim, and awarded her $120,000 in lost wages and $5 million and damages.  Bashir praised the jury for making a “loud…point to the companies, large corporations about how they treat their employees.  I think it spoke loudly and I appreciate that.”   Southwestern Bell/AT&T plans to appeal.

If you or your employee has been accused of sexual harassment, you should contact a sexual harassment lawyer in Los Angeles right away.  If you are a victim of sexual harassment, or any type of hostile or offensive conduct in your workplace, a sexual harassment lawyer in Los Angeles with experience and expertise in this area of the law can advise you of your options.  Whichever side of a harassment suit you are on, a sexual harassment lawyer in Los Angeles can guide you through the legal process and recommend a course of action and help you achieve the best outcome based on the facts of your case.

Kevin Roessler, a former hot tub executive, in Indianapolis, Indiana, sued his employer, Royal Spa Corp., and his boss, Robert Dapper, in Federal Court, for sexual harassment, retaliation, employment discrimination, intentional infliction of emotional distress, negligent supervision, and defamation. Roessler was hired by the corporation in June 2008 as a director of business development, and when Dapper happened to discover that Roessler and his wife, Marcella, were involved in an “open sexual relationship,” he began demanding that Roessler invite him to the “swinger-type” events he would attend, where married couples would swap their own sexual partners with others.

Although Roessler was initially hesitant to comply with his superior’s demands because he did not wish to mix his business with his personal life, Dapper threatened to terminate him if he did not secure him invitations. Concerned about the security of his employment if he refused, Roessler eventually gave in and allowed Dapper to attend these gatherings. However, when present at these events, Dapper engaged in hostile behavior towards Marcella and progressively became obsessed with sex. In fact, Roessler was forced to seek out additional partners for Dapper and to accompany him to the arranged escapades, and Dapper continued to threaten Roessler that he would lose his job if he did not submit.

When Roessler suffered a back injury and underwent surgery in 2009, the couple’s affiliation with Dapper became more tenuous since they would be divested of their health care insurance if Roessler lost his job, and would thus be unable to afford the treatment necessary for his recovery.  Accordingly, they continued to succumb to Dapper’s inappropriate demands until November 2011. However, when Dapper arrived unexpectedly at the Roessler residence unannounced and later bragged about the sexual encounters he had partaken in with Marcella in the past, and during his intrusion into her home, Roessler contacted an attorney and was consequently fired from Royal Spa. If you or someone you know finds yourself in Roessler’s position, you should contact a sexual harassment lawyer in Orange County.

Workplace Sexual Harassment: Quid Pro Quo

Quid pro quo harassment refers to moments in which a co-worker or employer insists that their employee perform sexual favors in order to receive job-related benefits or simply to keep her job at all. It appears very likely that Roessler will be successful in his sexual harassment claim since Dapper repeatedly used his power over the fate of Roessler’s employment to compel him to arrange and engage in illicit acts. However, the harassment suffered by Roessler did not disrupt merely his work performance, but penetrated all aspects of his life, including his time at home and his personal relationship with his wife.  For more information regarding quid pro quo harassment, contact an experienced sexual harassment lawyer in Orange County.

Conclusion

Dapper’s unwavering persistence prevented Roessler from escaping the situation, even outside of the workplace, and by showing up uninvited to Roessler’s home, invading his privacy, and involving his Marcella in the harassment, Dapper elevated his misconduct to the next level. Although Roessler is suing the defendants, Dapper and Royal Spa, for lost wages, benefits, and punitive damages, it is doubtful that any amount of monetary compensation will be able to undo, or even necessarily alleviate, the unfortunate injury suffered by the Roesslers. Although the scars may not be entirely erased, contacting an Orange County sexual harassment lawyer is the first step in rectifying instances of sexual harassment and preventing them from happening again.

Dollie Ayers-Jennings and Willie Jennings began dating in 2006 when both individuals were working at the Memphis area store. Eventually, their relationship grew to the point of them being married in July 2007. Unfortunately, their opportunity to celebrate was cut short, as shortly upon returning from their honeymoon they were informed that company policy mandated that one of them resign. The policy stated that employees were prohibited from working under supervision of their spouse.

Seeing as Willie Jennings was at a higher pay grade, Dollie Ayers-Jennings quit her position, and then filed a lawsuit against Freds Inc, alleging race discrimination under Title VII. While the couple proved unsuccessful in their case, the court found that Freds Inc. acted similarly with couples of other races, the case does bring about the issue of where employer policy should stand in regards to coworker relationships.

An improperly defined or too liberal policy can open the door to sexual harassment lawsuits. While a supervisor/employee relationship might seem harmless during the duration of the romance, there are pitfalls that appear if the relationship is dissolved. The safest bet is to create a policy that makes relationships between employees and supervisors inappropriate. The power disparity in such a relationship could lead the lower ranking employee to believe their job is on the line if they don’t maintain the relationship, a textbook sexual harassment case waiting to happen.

Additionally, a company’s policy should clearly outline the consequences of such relationships occurring, whether a companywide ban is instated, or just a supervisor/subordinate ban.  The expected behavior of the individuals should be made clear if relationships are indeed allowed, with verbiage that makes it transparent that workplace disruptions will not be tolerated.

Whatever route your company decides to take, be sure to have some sort of policy in place that makes your expectations clear. For Southern California employers, the last thing they want is to be staring down a sexual harassment lawyer from Los Angeles in court. However, if you need help drafting a policy, a sexual harassment lawyer in Los Angeles can be immensely helpful. A sexual harassment lawyer in Los Angeles will be able to advise you of common traps and pitfalls and ensure your company reduces their chance of facing, and losing, a sexual harassment case.

Dr. Salamon joined the staff of Our Lady of Victory Hospital in the fall of 1994 and said that the workplace sexual harassment started right after she was hired. In her sexual harassment lawsuit Dr. Salamon accused Michael Moore, M.D. of making persistent comments of a sexual nature to his female co-worker. Dr. Moore is Chief of Staff at the hospital’s Gastroenterology Division where Dr. Salamon works. She also said that Dr. Moore often engaged in inappropriate sexual activity with a certain nurse in the Division, which contributed to the hostile work environment for Dr. Salamon.

Despite bringing up what was going on with former hospital CEO Albert Condino and current hospital Chief of Staff Franklin Zeplowitz, M.D., Dr. Salamon said that her employer failed to investigate her claims thoroughly and allowed the sexual harassment to continue unchecked. She had complained about a number of different male doctors who has subjected her to ill treatment, including Dr. Moore. Allegedly, Condino and Zeplowitz just dropped the issue when Dr. Moore denied the contention.

After this incident, Dr. Salamon’s male superiors from the department of medicine at the hospital conducted an unnecessarily harsh review of her performance dating back 18 months. No other member of the Division’s staff was subjected to this type of review. Dr. Salamon was subsequently forced to attend a disciplinary “re-education” program, a requirement that was later dropped in 2003 when the hospital merged with nearby Mercy Hospital.

Female or male hospital employees who are victims of workplace sexual harassment should get in touch with a sexual harassment lawyer in Los Angeles as soon as possible. Sexual harassment at hospitals is more common than you might think, and a sexual harassment lawyer in Los Angeles knows exactly how to handle a case. Consult a sexual harassment lawyer in Los Angeles to tell him the details of your specific case so that a proper prosecution can be delivered. Workplace sexual harassment is illegal in any form, and a sexual harassment lawyer in Los Angeles thinks that every incident should be reported and investigated thoroughly, so that workplace conditions in the future improve. A sexual harassment lawyer in Los Angeles can help you win the reimbursement you deserve if your employer fails to take appropriate action against your perpetrators.

Dr. Salamon is now seeking damages for lasting trauma endured throughout her 9 years at Our Lady of Victory Hospital, as well as substantially damage to her ability to practice medicine as her male colleagues would spread rumors that caused others to deny her patient referrals. Mark McGraw, who reported on the story for Outpatient Surgery magazine, said that his attempts to contact any attorneys involved in the case were left unaddressed.

In order to meet its goals Metro officials unveiled a new reporting system available on the WMATA website. Victims of sexual harassment are encouraged to report abuse online. They are not required to reveal personal information and may stay anonymous throughout the entire reporting process. All reports submitted through this reporting system are sent directly to the Metro Transit Police. Images or videos of sexual harassment on Metro may also be submitted by anonymous users to harassment@wmata.com to help out the investigations.

In years past, WMATA has been faced with criticism for an allegedly hands-off approach to handling sexual harassment complaints. Photos of several repeat offenders accused of manhandling women and taking up-the-skirt photos were posted to the website of a local advocacy group called Collective Action for Safe Spaces. Cofounder of the group Char Shenoy said that this month’s campaign attests to the high volume of personal stories submitted to her organization’s own online reporting system. She considers WMATA’s partnership efforts a step in the right direction.

In addition, the WMATA website featured broader guidelines for what constituted sexual harassment, noting that illegal activity included, but was not limited to, groping, stalking and exposing oneself indecently. Sexual comments and excessive leering that makes a victim uncomfortable could also be reported. WMATA made a point to encourage victims of sexual harassment on Metro to report even non-criminal incidents, as this would allow the organization to better regulate behavior in the future. Dan Stessel, a spokesman for WMATA, said that the group plans to release statistics based on this data every quarter going forward.

New avenues and guidelines for reporting are just the first phase of WMATA’s push toward safer public transportation. In the coming months, Metro riders in the Washington, D.C. area should notice anti-sexual harassment posters displayed on the inside of subway stations and sides of buses. Paper materials outlining the dangers of sexual harassment will also be distributed by hand throughout the Metro system. For long-term improvement, Metro employees will soon undergo better training so that they can handle cases of sexual harassment when they occur.

If you are sexually harassed on a bus or subway, and you would like to bring the case to court, try talking to a sexual harassment lawyer in Riverside. A sexual harassment lawyer in Riverside is well aware that abuse of the public transportation system is widely under reported. Raising awareness through open communication is the key to fighting the issue of public sexual harassment at large, according to a sexual harassment lawyer in Riverside. Please do not let fear or indifference keep you from contributing to anti-sexual harassment campaigns all over the U.S. Call a sexual harassment lawyer in Riverside to report your case today. Details of how to handle the case from a legal standpoint will be discussed during a personal consultation with your sexual harassment lawyer in Riverside.

In Claireborne County, Tennessee, Jacob Daniels, 13, is a middle school student who now faces 5 separate counts of sexual harassment and 5 additional counts of general assault. The alleged victims are 5 girls from his classes. The boy’s parents have pled not guilty on his behalf. Since the charges were filed, Jacob has been banned from school and put under house arrest. He and his family have spoken to the press.

Local news stations reported that Jacob typically spends his afternoons on the couch, watching television shows. His parents believe that the way their son’s sexual harassment case is being handled is unlawful. James Daniels, Jacob’s father, said that his son is being considered guilty before any sound evidence has been presented to condemn him.

Jacob denies ever sexually harassing any of his female classmates. He said that he believes there is no evidence for the charges made against him. Jacobs is an eighth-grader at Soldiers Memorial School. Before the charges were filed by the five girls, the middle school had organized a school wide lecture about sexual harassment. A week before the lecture, Jacobs had broken up with his girlfriend. A week after the lecture, the ex-girlfriend and 4 additional female classmates had filed lawsuits.

Jacob’s mother, Nellie Daniels, said that the girls are acting as children do and seeking out revenge against her son. She said that although the incident will give the girls a good foundation to know how to act if they are ever violated, she does not believe that her son is guilty of any wrongdoing. Jacob’s mother said that it was important that the girls realize the consequences of lying about what happened to them.

Both of Jacob’s parents have stood behind their son’s alleged innocence. They already rejected a plea bargain offered by the prosecution for 1 year’s probation in exchange for dropping all the major charges. They are, however, concerned that waiting at home for Jacob’s trial in June will result in him falling behind academically, especially because Jacob has been denied alternative schooling. He won’t be able to overturn the judge’s decision and attend any classes until a subsequent hearing later this month.

If you have a child who needs help with sexual harassment at school, then contact a sexual harassment lawyer in Irvine. Sexual harassment at school is more common than you might think, if only for the reason that kids don’t know a lot about it and don’t know what to do when it happens. Consulting with a sexual harassment lawyer in Irvine can help you and your whole family to learn more about what is okay and what isn’t okay in an academic setting. Going forward, talking to a sexual harassment lawyer in Irvine can have lasting benefits for your children as they grow up. Don’t let your sensitive child sexual harassment case move forward any further without the help of a knowledgeable and understanding sexual harassment lawyer in Irvine.

The Collin County Sheriff’s Office issued a warrant Tuesday, March 19, because the fifth alleged victim, a child whose name remains anonymous to the press, had come forward to complain about Dr. Russell’s behavior. She said that Russell had been inappropriate with her while she was getting treated at his chiropractic office.

Russell was released on a $50K bond, just as he had with the 4 previous sexual harassment charges. His lawyer Toss Shapiro indicated to local reporters that Dr. Russell will be pleading innocent on all 5 counts. Apparently the two men want to bring the cases to Collin County District Court.

The Texas Board of Chiropractic Examiners suspended Russell’s practicing license months ago, upon the first sexual harassment allegations in October of last year. At the time, he was released from jail on a $100K bond. Second set of sexual harassment allegations came the next month, in November, after which he was released for a second time on the same bond sentence. Russell has since sold his McKinney-based practice, Russell Chiropractic. It is now called Elite Performance Chiropractic.

Less than a week following the second sexual harassment charge, two adult females who knew Russell came forward with reports that the doctor had violated them, as well. Russell’s third arrest came with a $25K bail for each count. The bail was less for sexual harassment charges associated with an adult victim, primarily because the crime would be considered a second-degree felony as opposed to the first-degree felony. District Judge John Roach, Jr. later upped each bail to $100K each and required Russell to hand over his passport and stay within Collin County until he was given official permission to travel elsewhere. Russell was also prohibited from coming in contact with either of the adult victims or any minors whatsoever. Now, Russell has gotten off on bail 5 times. His charges have not been evaluated by a grand jury.

For legal assistance regarding child molestation and other sexual harassment issues, please contact a sexual harassment lawyer. Los Angeles sexual harassment lawyers are qualified prosecutors who can help anybody that needs to file a sexual harassment claim. A sexual harassment lawyer in Los Angeles has dealt with various types of cases, from teachers and employers to co-workers and doctors. If you feel sexually violated by anybody at all and think you may have a legal battle ahead of you, call a sexual harassment lawyer in Los Angeles. A sexual harassment lawyer in Los Angeles will not only help you through court proceedings but also stay by your side throughout the entire process s so that all victims get properly reimbursed and are able to recover effectively.

By definition, a bully at work repeatedly mistreats a fellow employee with verbal abuse, humiliation tactics, threats, intimidation or work-related sabotage. This definition comes from the Workplace Bullying Institute (WBI), an organization dedicated to preventing all types of abuse in professional environments. Santa Ana sexual harassment lawyers encourage victims of workplace bullying to do the research and find out who is out there to help. Santa Ana sexual harassment lawyers and similar defenders of your rights want to help you be happy and safe when you walk into your office.

A bully at work might make a dismissive comment about you or your work, falsely accuse you of making work-related mistakes, criticize you harshly, force you to do work that is unrelated to your job or claim that certain rules apply to you and not other, non-victimized employees. Sometimes this can mean a boss on a power trip that overworks you and only wants control. Your bullying boss may yell at you in front of your colleagues or criticize you without warrant. While constructive criticism can be very positive for an employee, bullying can only lead to hurt and pain. Having to learn how to handle a bully at work can even get in the way of your work quality and may put your position at risk.

If you are experiencing problems with a bully at work and need help, then please contact Santa Ana sexual harassment lawyers. Dealing with a bully at work becomes a lot easier when you know what’s legal and what’s not. The bully at work may be in for some serious charges and must be held accountable for being such a pain. No matter how long the situation has been a problem, it’s never too late to recruit the help of Santa Ana sexual harassment lawyers. The sooner you get help, the less likely that you’ll endure lasting trauma and stress related to getting bullied. Until then, here’s a list of helpful tips.

• Speak up—there’s nothing to be ashamed of when a bully at work is giving you trouble. Confide in people that you trust.
• Write the wrongdoing down—keeping a private journal can help you cope with workplace bullying. The diary can also be used as evidence if you and your Santa Ana sexual harassment lawyers ever take the bully to court.
• Adopt a mantra—people who have to learn how to deal with a bully at work know that repeat bullying is inevitable. During these bouts of unprofessional behavior, stay grounded and calm.
• Get a second opinion—gain some perspective by consulting a friend or other co-worker who you think may understand. You’ll be able to evaluate the situation more objectively with a second opinion.
• Don’t stoop—don’t get yourself in more trouble by trying to fight a bully at work. Keep a level of self-respect and deal with the bully in the most professional way possible, even if she or she is incapable of it.
• Give yourself a break—if you’re feeling up to your neck in stress from having to deal with a bully at work, don’t to work. A couple days of sick leave or PTO is warranted if you’re not able to be productive in your work environment anyway.

If you want to learn how to stop a bully at work from harassing you any further, then call Santa Ana sexual harassment lawyers with years of experience in helping victims of workplace bullying. You’ll be surprised how much some sound legal advice can actually accomplish.

According to a sexual harassment lawyer in Los Angeles, public sexual harassment can include a number of different violations. For example, a perpetrator of sexual harassment on a public transportation vehicle might be caught masturbating in the open, groping a stranger in the vicinity, exposing explicit body parts or yelling out unsolicited sexual phrases. If you are unsure whether you witnessed an example of public sexual harassment or think you may have been violated, consult a sexual harassment lawyer. Los Angeles has plenty of attorneys who know exactly what is legal and what is illegal behavior in public.

Call a sexual harassment lawyer in Los Angeles for legal advice in Southern California. A sexual harassment lawyer in Los Angeles will take the time to go over your experience in detail with you so that you have the right idea about which laws were broken and can move forward with the right kind of prosecution. Because many institutions turn a blind eye to public sexual harassment, it can be very difficult to go through the proceedings by yourself, without the knowledge and experience of a good sexual harassment lawyer in Los Angeles.

You can also look for guidance at CASS’s blog, which features a plethora of stories from real people who have experienced sexual harassment on public transportation systems. 30 percent of the stories published there report incidents of public sexual harassment that occurred on city metros, either on the actual transit vehicle or at the platform or stop area.

Last month, representatives of CASS, who also happened to be victims of public sexual harassment, spoke at a hearing of officials from the Washington Metropolitan Area Transit Authority (WMATA), who had previously ignored CASS’s complaints. Media and spectators were at the hearing to watch CASS’s 6 testimonies. CASS protestors also pointed out that other cities metro systems had taken measures to prevent further damage whereas WMATA had not. They suggested creation of a system that victims of sexual harassment on public transportation could use to track and report violations, a publicity campaign to raise awareness and let riders know their rights and better training for system employees so that they could better enforce the rules. While some believe that WMATA officials are still downplaying the issue, others think that CASS’s presence at the hearing was a step in the right direction.