The Weinstein Sex Scandal is Far From Over

While some have commented that in spite of the continuing sexual assault and harassment claims against Hollywood mogul, Harvey Weinstein, it would be difficult to build a criminal case, that doesn’t mean there will be no legal ramifications. It is very likely that Weinstein’s alleged mistreatment of women will lead to costly civil lawsuits that could have severe consequences for both the executive himself and his namesake film and TV company due to the significant potential liability involved.

According to California law, Weinstein Co. could be held liable for Weinstein’s alleged sexual harassment. Whether or not alleged victims could bring a lawsuit against 65-year-old Weinstein would depend on the California statute of limitations for civil sexual assault (2 years in California, although Weinstein has also been accused of similar behavior in New York where the state of limitations is 3 years). Experts in sexual assault and the law expect to see a flood of lawsuits head Weinstein’s way unless he has already settled with the victims outside of court.

Possibly to minimize any more legal trouble, Weinstein Co., fired Weinstein after a New York Times investigation discovered that Weinstein had reached a minimum of 8 legal settlements dating back to 1990 over various instances of alleged sexual harassment. The New Yorker published a story that included an array of allegations, but one stood out from the rest. The respected news outlet reported that Weinstein had raped 3 women in the last 2 decades, including well known actress, Asia Argento, from the 1999 drama “B. Monkey” distributed by Miramax. Weinstein has previously apologized for “his behavior,” but does deny claims of rape, stating that he believed all the relationships to be consensual.

Weinstein Co.’s board or directors publicly stated that they were shocked and dismayed by the allegations being made and that they supported investigations into the alleged acts.

If you have questions about sexual harassment or misconduct in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

A String of Harassment Lawsuits Aimed Right at Tesla

Many only know Tesla as a company who has goals of changing the world, but more and more are rethinking their opinion of the company as news headlines point out another major component in the Tesla workplace: harassment. The company proudly claims to be forward thinking on environmental matters, dedicated to diversity and center-left politics, and the many ways in which advanced technology can support progress in all these areas of concern. But many are now labeling the company as being caught up in the “bro” culture – a culture that can still be found in many offices throughout California. Other companies experiencing similar accusations include: Uber, Google, Social Finance, Greylock Partners, etc. Major news outlets like Bloomberg and CNBC have actually implied that the problem is worse than we think.

The latest case at Tesla involves Jorge Ferro, an assembly line worker who claims he was harassed because he is gay. He claims he was taunted, told to “watch your back,” and eventually fired. Ferro states that an old scar (from a 16-year old injury) drew the notice of Tesla Human Resources, who promptly dismissed him. But Ferro alleges he was actually fired due to retaliation for reporting the harassment.

When contacted about the issue, Tesla first attempted to side step the issue by claiming that both Ferro and his supervisor were not employees, but independent contractors. They also insisted that Tesla, as a company, takes all forms of discrimination and harassment very seriously. In fact, the Guardian reported that the company responded in even further detail by referencing their own track record, “…no company on Earth [has] a better track record than Tesla…they would have to have fewer than zero cases where an independent judge or jury…found a genuine case of discrimination.”

While Tesla insists that the recent influx of harassment and discrimination claims are due to their own notoriety and the opportunity this presents for media outlets and attorneys seeking acclaim and higher profiles, there have been other accusations of similar behavior in the last few years.

Just a week before Ferro’s claim surfaced, three former African-American workers filed a California lawsuit that they were subjected to verbal and written racist slurs.

Another instance involved a former Tesla engineer who claimed she was fired because she presented examples of gender discrimination at the company to the human resources department.

If you need to discuss instances of discrimination in the workplace or have questions regarding harassment on the job, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Harassment Claims Settled When California Assembly Paid $100,000

The California Assembly recently paid $100,000 to settle harassment, discrimination, and retaliation claims that were filed in 2014 against Steve Fox who, at the time, was an Assemblyman. Nancy Kathleen Finnigan, former legislative director for Fox, claimed he exposed himself to her and then terminated her employment when she reported his behavior.

The settlement was reached in April and effectively closed out the lawsuit. While settlement documentation does state it resolves the case, it does not contain specifics regarding Finnigan’s harassment claims against the then-Assemblyman. But Finnigan did allege in the lawsuit that at one point during her employment, she arrived at Fox’s apartment in order to pick him up for a legislative session when he overslept where she found him with his pants unzipped and unbuttoned and not wearing any undergarments. Finnigan also claimed that Fox made a number of unwanted sexual advances against another employee as well as requesting that she do work that was not related to her legislative duties in the office. The suit also included allegations that Finnigan was fired for reporting that harassing behavior.

Fox was elected in 2012 on the Democratic ticket in a northern Los Angeles County district. He had previously run as a Republican. After serving one term, he was defeated in 2014 and again in 2016 by Tom Lackey, Republican Assemblyman. Neither party wished to comment on the settlement agreement.

This news was released in the same week a letter was signed by close to 150 women (including lobbyists, lawmakers, and legislative staff) detailing just how pervasive the culture of harassment against women is in California’s Capitol. Various women told their stories of harassment including being groped and touched without consent, enduring inappropriate comments about their bodies or abilities, insults, sexual innuendo disguised as jokes…all of which undermined their professional positions and downplayed their capabilities on the job. The letter did not make accusations against any men by name.

The Finnigan settlement named Fox and his former Chief of Staff Ann Turtle, the Assembly and Lynda Roper, the Assembly’s deputy administrative officer, as Defendants. It wasn’t the first time similar accusations were made against Fox either. In 2015, the Legislature paid $110,000 to Kristina Zahn, former employee, who alleged she was asked to do “other” work on legislative time, not paid overtime, etc.

If you have questions about how to handle harassment in the workplace or if you need help handling a harassment lawsuit, contact one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Shell Oil Faces Sexual Harassment Claims

Ciara Newton worked at Shell as a refinery process operator. She was hired in January 2016. As an employee at Shell Oil’s refinery in Martinez, she alleges that she experienced sex-based harassment, sex discrimination and a failure on the company’s part to take appropriate action to prevent both discrimination and harassment.

In the complaint, the former Shell employee alleges that she experienced all of the above at the hands of both supervisors and co-workers on the job – all because of her gender.

In the lawsuit, Newton describes a male-dominated work setting where co-workers made negative and disparaging comments about women in the workplace and in which supervisors undermined Newton instead of supporting her. In fact, Newton alleges that supervisors on the job at Shell Oil actively complained about women in the workplace.

Some instances of sex-based discrimination and harassment that Newton allegedly suffered include:

• Finding a sticker on her desk that read, “If your (vagina) hurts, just stay home.”
• A supervisor stating that women do not last long in “his department.”
• A failure to receive a response after reporting the situation/s to Human Resources.

Newton is also suing Shell for wrongful termination. She alleges that the company retaliated against her because she complained about the sexual harassment and discrimination on the job. She feels the retaliation may have also been partly in response to her desire to properly document and contain a sulfuric acid spill at the refinery. When she attempted to do so, a supervisor told her to stop so he and others would not get “in trouble” for not reporting it.

In September 2015, Shell terminated Newton stating that she had unsatisfactory performance during her probationary period. This was only six days after a supervisor gave her a positive progress report and encouraged her to continue forward in her job at the company.

If you have experienced sexual harassment or discrimination in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

According to a 2015 Study, Women in Forest Service Face Assault & Retaliation

In a recently released study or “workplace environment assessment” of the Pacific Southwest Region obtained under the Freedom of Information Act, it is reported that women in the Forest Service industry working in California reported enduring sexual misconduct, harassment and fear of retaliation if they voiced complaints. General satisfaction with the workplace was voiced by many employees, but the 2015 survey indicates that there is a clear difference when responses are considered by gender. Women were significantly more likely to identify serious problems.

The grievances covered in the study ranged widely from misdeeds to mismanagement, but they did seem reminiscent of complaints lodged by women in the military and other general federal agencies. Some notable concerns included: inappropriate behavior from supervisors on the job, derogatory or patronizing attitudes towards women on the job, a lack of accountability when issues arise, a lack of respect towards subordinates, etc.

One conclusion noted in the study was that a male-dominated workforce can lead to a number of negative consequences for women in the field.

The report was commissioned by the Forest Service. It was prepared by a consulting firm, ICF International, and provided to McClatchy on May 18th after a December 1st FOIA request. The report falls in line with other, similar investigations conducted by congressional committee as well as the Interior Department’s Office of Inspector General. All the sources identified similar “management missteps” and alleged mistreatment of women on the job in the National Park Services. Some view it as an exposure of a systemic problem in the government’s public lands departments and agencies. It was indicated that remote locations where a separate code of conduct for providing discipline is seen as acceptable might have contributed to the problem.

Members of the Congressional Caucus on Women’s Issues hoped to have a hearing later in 2017 regarding the National park Service and Forest Service workforce controversies.

If you have questions about workplace retaliation or if you experience sexual harassment in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

UC Berkeley Is Rocked by Another Sexual Misconduct Scandal

As University of California Berkeley again faces sexual harassment allegations, some might refer to their history in recent years as a plaque of sexual harassment reports. Most recently, a renowned University of California Berkeley professor was sued due to alleged groping of an Asian-American research assistant. The former student, 24-year old Joanna Ong, filed the lawsuit against UC Berkeley’s star Philosophy professor, John R. Searle. She claims that he groper her and when she declined his advances, he fired her.

The California sexual harassment lawsuit was filed at Alameda County Superior Court seeking damages for sexual harassment and assault, wrongful termination and the creation of a hostile work environment. In addition to the star Philosophy professor being listed as defendant in the case, Regents of the University of California were listed as co-dependents.

Ong stated that as such a renowned professor of philosophy, Searle should be completely familiar with the concept of coercion, but that instead both the professor and the university used their power and their platform to abuse others. While 84-year old Searle has stepped down from teaching, he retains emeritus status at the university. He has been teaching at UC Berkeley since 1959 and just last year, the university unveiled the John Searle Center for Social Ontology, the 1st center of its kind in the nation.

It was the same year when Ong was offered a job under Searle. According to court documents, the offer was for $1,000 per month salary as a consultant for the new center, plus $3,000 per month supplemented by Searle himself. Based on Searle’s reputation as an esteemed philosopher at UC Berkeley, Ong accepted the job offer willingly in July 2016. Ong claims the first few days of her job went well. Ong stated that she even shared her worries about making ends meet while pursuing a career in academia. Searle’s response was to reassure Ong that her living costs and needs would be taken care of and urged her to have a relationship of “total trust” with him. Things escalated quickly from that point. Searle allegedly groped Ong in his offer after advising her that they were “going to be lovers” amid other inappropriate claims and insinuations. When his proposal was rejected, Searle apologized and paid Ong the promised $3,000.

When Professor Searle went on vacation, Ong reported the incident to the center’s director, Jennifer Hudin, but no appropriate action was taken. Ong claims that Hudin told her that she would protect her from further advances, but that she also said Searle had previously had sexual relationships with his students in exchange for “academic, monetary or other benefits.”

From that point forward, Ong states that the workplace became increasingly hostile and awkward. When Searle returned from vacation, he pretended nothing happened. Ong stated that for the rest of her time in the position, Searle watched pornography at work, made inappropriately sexist comments when she was nearby, requested that Ong log into an inappropriate website for him, and insisted that Ong read and respond to his emails including flirtatious correspondence with young women (both UC Berkeley students and foreign students from Europe). Some of the women corresponding were asking to be his research assistant; which was at that time Ong’s position. Further complaints to Hudin garnered the response that nothing was done out of respect/loyalty for the professor and because Hudin needed to protect Searle.

Searle eventually cut Ong’s salary in half and fired her soon after the pay cut. Ong’s attorney points out that Hudin and other administrators and professors at UC Berkeley were aware of the lecherous behavior on Searle’s part based on a large amount of evidence of his sexual misconduct by both emails and actual complaints made against him.

If you need to discuss a hostile work environment or sexual harassment in the workplace, please contact one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Are Hugs a Hostile Act in the Workplace?

Are hugs a hostile act? What about in the work environment? In a recent decision by the U.S. 9th Circuit Court of Appeals a sexual harassment lawsuit against Yolo County Sheriff Edward G. Prieto was revived. According to the lawsuit, Prieto allegedly hugged a female correctional officer more than 100 times over the course of 12 years.

In defense of the “hugging,” Prieto argued that he also hugged male employees in the workplace. His lawyers further argued that if he hugged the women in the workplace more, it was simply due to general differences in the way that men and women interact on a routine basis with members of the same and opposite sex. Yet according to the 9th Circuit, hugging can create an abusive work environment if the action is unwelcome and pervasive.

Plaintiff in the case, Victoria Zetwick, was a correctional officer. She also alleges in the suit that Prieto once kissed her when congratulating her on her wedding to another deputy. She claims she saw him hug dozens of other female employees throughout her 12 years on the job, but only give male employees handshakes. During the case, Yolo County defense did get Zetwick to admit that she had been known to hug male co-workers on occasion. The Yolo defense team also pointed out a statement in which Zetwick described Prieto’s hugs as “brief.” There were no sexual comments or other touching.

In 2014, a federal district judge dismissed Zetwick’s lawsuit, but in appeal the court found she had offered up enough evidence to possibly persuade a juror of reasonable mind that she had experienced sexual harassment in the workplace due to Prieto’s tendency to hug female workers in the department. They indicated that it would seem that Zetwick had offered evidence that there were both qualitative and quantitative differences in the conduct of Prieto toward the two genders. In the suit, Zetwick stated that the behavior made it difficult for her to concentrate, left her stressed and anxious and eventually made her resort to sleeping medication.

If you need information about hostile workplace environments or hostile actions in the workplace, please get in touch with one of the experienced southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.