Sexual Harassment Lawsuit: Diocese of Stockton Begins a Legal Battle

In recent news, a lawsuit has been filed that alleges sexual harassment and retaliation by a pastor at the Roman Catholic Diocese of Stockton. The pastor accused was placed on administrative leave after the lawsuit was filed.

The sexual harassment lawsuit was filed in San Joaquin County Superior Court and makes allegations that Monsignor Lawrence McGovern sent photographs described as “sexually explicit” to the victim. The victim was a pool maintenance contractor. When the pool maintenance contractor reported the incident, McGovern terminated his employment.

Legal representation for the victim, who is to remain unidentified, describes the situation as a class case of sexual harassment and retaliation. He stated that Monsignor McGovern texted a graphic photograph to the victim and then terminated the victim’s employment after the incident of the “lewd” photo was reported to the police. The victim’s representation also noted that while this conduct is a clear violation of the law when engaged in by any employer, it is particularly disturbing as this employer was a member of the clergy. When the victim asked McGovern why he sent the photograph by stating, “I thought you were celibate, Monsignor,” McGovern allegedly replied, “Celibate means not married.”

The diocese oversees Catholic parishes in multiple counties: San Joaquin, Stanislaus, Calaveras and Tuolumne. The statement issued in response to the allegations was simply to announce that McGovern had been placed on administrative leave and that it was the first time they learned of employment related allegations against Monsignor McGovern, the Pastor of Presentation Parish in Stockton. It was also noted in the diocese’s statement that their decision to place Monsignor McGovern on administrative leave was in accordance with the Canon Law of the Church and that it was pending a full a complete investigation.

Over a period of 20 years, the diocese has paid $14 million in judgments, settlements and legal expenses in a variety of cases of clergy sexual abuse. In January 2014, the diocese filed for bankruptcy after paying out millions to settle years of child sex abuse lawsuits. McGovern served as vicar general of the diocese during a time when the diocese was inundated with sex abuse accusations and lawsuits. In fact, he served as a key witness in several cases against former priests Oliver O’Grady and Michael Kelly.

O’Grady served as the subject of a documentary entitled “Delivery Us From Evil.” He served time in prison for child molestation, was deported back to his native Ireland in 2001 and served more time there after being found with child pornography.

Kelly fled the states to his native Ireland in April 2012 after being found liable in a civil lawsuit of sexual abuse. The victim, Travis Trotter, was awarded a $3.75 million settlement. Kelly was later indicted by a grand jury on four counts of child sexual abuse prompting the judge to issue a $175,000 warrant for his arrest. He has not returned to face charges.

Monsignor McGovern stood as a witness for these men, denying any knowledge of sexual improprieties despite living with them for years and contrary to victim statements.

If you need to discuss potential sexual harassment charges or wrongful termination with an experienced employment law attorney in southern California, please get in touch with Blumenthal, Nordrehaug & Bhowmik as soon as possible. 

Eddie Money Drummer Adds Sexual Harassment Claims to Discrimination Lawsuit

Eddie Money’s drummer, Glenn Symmonds sued for wrongful termination in October. More recently, his fiancé decided to join the suit with sexual harassment claims against Money. The original discrimination suit claimed that Money mocked his disabilities on stage and sexually harassed his fiancé (with repeated lewd advances). The sexual harassment claims were included in an amended lawsuit that was filed in California state court.

When Symmonds was fired, he claimed it was due to his age and disabilities (stemming from a combination of bladder cancer and a back injury). He also claimed that the sexual harassment of his fiancée, Tami Landrum, resulted in emotional distress. The case has recently been moved from Sacramento to Los Angeles.

In defining the “sexual harassment” she endured, Landrum states that Money made sexual comments to her repeatedly and frequently attempted to kiss her. Money also made lewd gestures at Landrum after dedicating a song to her on stage, etc. Symmonds stated that Money mocked his urinary incontinence (a result of chemotherapy) on stage, telling the audience that their tour was sponsored by Depends adult diapers.

According to the suit, the problem peaked in May of 2015 when Money dragged Landrum, Symmond’s fiancé, into a bathroom and blocked her exit. Symmonds confronted Money after Landrum told him of the situation and the entire band was laid off the next week. Within months, the entire band was back at work except Symmonds and Landrum. The two claim this is due to the confrontation and Symmonds’ disabilities previously noted.

Money’s legal counsel dismisses the lawsuit as “ridiculous” and points out that the addition of the sexual harassment claims only occurred when Symmonds realized that his age discrimination lawsuit had no merit. They claim that the plaintiffs shamelessly seek to “shake down” Eddie because he is famous.

Money claims that the entire band was released for the summer as Money intended to tour with his children. The plan the entire time was for the band to rejoin him at the end of the season. Several of the band members were disappointed, but according to Money, Symmonds and Landrum responded very poorly by writing disparaging posts online, claiming they had been fired, calling and leaving messages with concert promoters threatening them and advising them not to pay Money, etc. Money claims his decision not to invite Symmonds back to the band was not related to his age, any illness or disability or any alleged difficulties with his fiancé. He claims it was due strictly to the inappropriate reaction the plaintiff had upon hearing that Money planned to tour with his adult children for the summer.

If you have questions regarding workplace discrimination or sexual harassment on the job, please get in touch with the experienced employment law attorneys from southern California’s Blumenthal, Nordrehaug & Bhowmik.

Chipotle Employee Claims of “Sexually Charged Atmosphere” Result in Lawsuit

A former Chipotle employee, Ariana Castaneda, filed a lawsuit against Chipotle claiming that the managers at the Woodland Hills store where she was employed created a “sexually charged atmosphere” and behaved inappropriately in the workplace, harassing her regularly. Castaneda claims that her Chipotle managers intentionally ordered her uniform shirt too small repeatedly. She worked for Chipotle from December 2013 through February 10th, when she was fired. She was employed as a lead kitchen worker at the restaurant on Canoga Avenue.

Sexual Harassment: harassment in the workplace (or in any professional or social situation) that involves the making of unwanted sexual advances, obscene remarks, obscene gestures, etc.

Discrimination: unjustly treating or treating prejudicially different categories or types of people. It is most commonly referenced in relation to negative treatment in the workplace due to race, age, religion or sex.

Workplace Retaliation: action on the part of co-workers, supervisors or employers to make an individual in the workplace afraid to complain, stand up for their rights or seek legal recourse. Retaliation is often confused with harassment and creating a hostile workplace or environment, but it is specifically aimed at those who have information or situational knowledge that others do not want reported.

Wrongful Termination: when an employee’s employment or contractual agreement for work is terminated by their employer under circumstances where the termination breaches terms agreed on by contract, terms of employment or by law.

Castaneda’s lawsuit also claims that she was not the only one being sexually harassed. She states that the four managers on site sexually harassed other female workers at the southern California Chipotle location and that they even used the security cameras to spy on female customers that they through were attractive. She seeks unspecified damages on allegations including: discrimination, retaliation, sexual harassment and wrongful termination.

The plaintiff named Chipotle Mexican Grill, Inc. along with the four managers in the Los Angeles Superior Court lawsuit. She claims that her position at the restaurant required her to wear a certain uniform, but that her black uniform shirt was purposely ordered too small by the managers. Castaneda, when she complained about the shirt being too small and requesting a larger size be ordered was asked by a manager if it was because her [breasts] were too big. While another shirt was ordered, it was also too small. Castaneda also alleges that one of the Chipotle managers would forcibly hug her and also touch her underneath her shirt when his hands were cold from holding ice or cold drinks, etc. She also cited inappropriate comments managers made about other female employees of a sexual nature, mocking comments made to her personally due to a negative remark that was made on the popular review website, Yelp.

If you are suffering from sexual harassment in the work place or fear that you were wrongfully terminated, please get in touch with the southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik so we can help you. 

Sexual Harassment Case Against Army Results in $820,000 Settlement

Starkey, a former military police trainee, claimed she was fired because she filed a sexual harassment complaint against her supervisor, Sgt. Wayne Lord. She filed suit in 2014. On Wednesday, her sexual harassment lawsuit against the army resulted in a settlement of $820,000. Legal representation for the plaintiff indicated that this settlement payment is one of the largest that the military has agreed to in order to resolve a sexual harassment allegation in history.

The settlement was reached shortly before the case was set to go to trial.

Starkey, the plaintiff in the suit, alleged that her supervisor at the time, Sgt. Wayne Lord, texted her hundreds of sexually explicit messages and nude photos of himself at all hours. This treatment occurred while Presidio of Monterey employed her. This is an Army installation located in California. Starkey alleges that she was terminated after filing the complaint regarding the sexual harassment. She claimed that Sgt. Lord was popular at work and she was ostracized and then fired because she dared to name him in the report and report his behavior. According to the plaintiff’s legal counsel, the Army was aware of Lord’s history of sexual harassment, but Starkey’s direct supervisor at the time of her termination was Lord’s wife, who also worked at the installation as a lieutenant.

Starkey feels that the Army should have supported her as their trainee officer who had been incessantly harassed. But instead of doing so, the Army terminated her from her position. Her accused harasser, who had a history of sexual harassment on his record, was simply assigned to a new job with no apparent repercussions, a police position for the Dept. of Defense (DOD).

Everyone knows how important the chain of command is in the Army, but in this instance, it served to severely limit Starkey’s ability to obtain protection from harassment. A known sexual harasser was allowed to supervise a female trainee officer and that same harasser’s spouse was put in a position of direct supervision of the same trainee – making the wife of the harasser the person to which the harassment would need to be reported.

If you have concerns about sexual harassment in the workplace, please contact your southern California employment law attorney at Blumenthal, Nordrehaug & Bhowmik.

Sexual Harassment Case Results in $300,000 Punitive Damages Despite Nominal Damages Award

In the State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9^th Cir. 2014) (en banc) Angela Aguilar claimed she was sexually harassed on the job, experienced workplace retaliation, was subjected to purposeful infliction of emotional distress and was finally terminated from employment after approximately 11 months working in a copper mine.

The trial, lasting eight days, ending with the jury finding ASARCO liable on sexual harassment claims (violating Title VII of the Civil Rights Act), but not on constructive termination or retaliation claims made by Aguilar. Ms. Angela Aguilar was awarded $1 in nominal damages and $868,750 in punitive damages. Based on the statutory cap that can be found in 42 U.S.C. § 1981a(b)(3)(D), the district court reduced the award to $300,000.

ASARCO cited BMW of N. Am., Inc. v. Gore, 517 U.S. 559 (1996) as they argued for appeal that the 300,000 to 1 ratio of punitive to compensatory damages was in violation of due process rights. The United States Court of Appeals did allow that the cited “Gore” case was of relevance to the context of the case, but clearly noted a differentiation between the two saying that Aguilar, the plaintiff in the case against ASARCO, had asserted a claim (under a statute, Title VII, including provision § 1981 imposing a cap on punitive damages. Using this as a basis for argument, the due process issues that were raised in the Gore case are not applicable to employment discrimination claims filed under Title VII.

The Court also noted that the jury was given instruction from the district court not to award any nominal damages over $1 to the plaintiff, Aguilar. The Court also found no mistake in the district court’s admission of sexually explicit graffiti in bathrooms as evidence. The graffiti used as evidence was similar to the graffiti that was directed at Aguilar. The Court affirmed the award to Aguilar of $350,902.75 for attorney’s fees and other costs.

For additional information on sexual harassment in the workplace and how to handle hostile work environments in California contact your southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Unpaid Interns Now Protected from Sexual Harassment

Governor Jerry Brown signed a bill introduced by Berkeley Assembly member Nancy Skinner that protects unpaid interns and other unpaid volunteers from sexual harassment in the workplace. The governor signed the Assembly Bill on Tuesday. It expands Title VII of the 1964 Civil Rights so that people in the workplace who are unpaid are included in the protection against sexual harassment in the workplace in California.

Skinner argues that basic civil rights should obviously be extended to all including interns and volunteers who are working it the workplace regardless of pay rate or no pay. They deserve the same legal protections against discrimination and harassment as paid employees. This was in response to a ruling last year by a federal district court in New York that ruled that the law doesn’t apply to unpaid interns because they are not technically employees. 

The New York case was based on allegations by a Syracuse University student that she was sexually harassed, i.e. groped and kissed by a supervisor on the job during her media company internship. She also claims that after she refused his sexual advances that he retaliated against her.

California is now the 3^rd state in the country to explicitly ban sexual harassment and discrimination in the workplace specifically directed towards unpaid interns. Protection is also offered for gender-based discrimination through the new California law. Other states that have similar laws include: Oregon, New York, and the District of Columbia.

If you have any questions regarding discrimination or sexual harassment in the workplace whether you are an employee or an intern, please get in touch with the employment law attorneys at Blumenthal, Nordrehaug & Bhowmik. 

Yahoo Executive Sued for Sexual Harassment and Wrongful Termination

Nan Shi, a principal software engineer for Yahoo filed against Maria Zhang, senior director of engineering for Yahoo Mobile on July 8^th. The complaint was filed in Santa Clara Superior Court in San Jose, California. According to the complaint Maria Zhang, the Yahoo executive, sexually harassed a woman who worked under her, Nan Shi.

Nan Shi worked for Yahoo since February 2013. She alleges that Zhang coerced her into engaging in sexual acts on numerous occasions in Sunnyvale, California with promises of a “bright future” dependent upon her agreement to participate. Nan Shi is seeking monetary and punitive damages. Yahoo is also named as a defendant in the suit. A representative for Yahoo advised that they believe there is no basis for the claims made by Nan Shi and that Maria Zhang is an exemplary Yahoo executive. They intend to fight the allegations and clear her name.  

Zhang’s mobile company, Alike, was acquired by Yahoo in 2013. She had previously worked with Microsoft and Zillow. In the complaint filed, Shi accuses Zhang of downgrading her performance reviews unfairly. Further accusations are aimed at the Yahoo human resources department personnel who Shi claims refused to conduct an investigation when she complained about advances being made by her direct supervisor.  According to Shi, instead of conducting an investigation into the matter as she requested, they put her on unpaid leave and eventually terminated her from the company.

For more information on sexual harassment in the work place or wrongful termination suits contact Blumenthal, Nordrehaug & Bhowmik.