In a decision reached earlier this month, the Second District Court of Appeals held that an employee's racial discrimination and sexual harassment claims (among others) have to be arbitrated as opposed to being tried before a judge and jury. In that case, a female employee of Mexican ancestry, Maribel Baltazar, working for Forever 21, claimed she was sexually harassed and subjected to discrimination because of her race and sex. At the time she filled out her job application, she was presented

Last week a  55-year-old registered sex offender was arrested for molesting a teen co-worker after allegedly getting the teen intoxicated on  vodka and perhaps a "date rape" drug.  According to an article in the Press Enterprise, the incident took place at the Murrieta weight-loss business where they both worked.  William Thomas James, of Murrieta, was arrested on September 10th for a number of sex crimes, including a felony, and has since pleaded not guilty.  James' previous conviction in a 1996 incident reportedly involved similar circumstances.

 According to the Enterprise story, neither hte teen victim nor the weight-loss clinic management knew of James' past crime.  See the full Press Enterprise story HERE.

Assuming the truth of the allegations against James, under California law there is no doubt such conduct would be criminal.  An adult cannot engage in sexual behavior with anyone under 18 years of age nor can anyone consent to sexual contact if they are intoxicated and therefore incapable of giving valid consent.  In addition to criminal culpability, there is the issue of civil responsibility for the harm caused under these circumstances.  Again, assuming the allegations in the case above can be proven, James would obviously be liable for the injuries and damages caused.  Additionally, the weight-loss business at which they both worked may well have exposure to civil liability for not taking reasonable steps to protect their employees from harm.  For example, a business owner may be subjected to tort liability when they fail to take reasonable steps in ensuring the qualifications of employees they hire.  Here, James' criminal history is a matter of public record and prospective employers should at least do a reasonably good job in investigating a potential employee's background, to ensure the safety of their own employees and perhaps even patrons coming into the business.  Unfortunately, stories like the one above are all too common and sexual predators, absent an appropriate background check, find access to particularly vulnerable victims.

Compensation for victims of sexual abuse and harassment committed in the workplace should be an important concern for all Californians. When an employee takes advantage and victimizes a co-worker, the perpetrator and the responsible employer should be held accountable, and their victims should be compensated.  An Orange County injury attorney with experience at handling sexual harassment and abuse cases can make a fair assessment of these claims.   Mr. Ralph has more than 20 years of experience handling personal injury and sexual misconduct cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual harassment or abuse?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

 

A pastor of an Orange County church has been accused of molesting two boys, both of whom are just 11 years old.  According to a story in the Orange County Register, the pastor of the Laguna Hills church, Oscar Perez, was arrested last weekend, and bail has now been set at 1 million dollars.  Perez is facing four felony counts (two as to each boy) and, if convicted, he could face up to life in prison.

Perez is accused of assaulting the boys at Perez' Lake Forest home, and apparently one of the alleged victims claims to have been abused during a sleepover.  According to court records cited by the Register, prosecutors accuse Perez of abusing one of the boys in July, and the other sometime between 2008 and September 2011.  Perez, identified as a bishop of the Old Catholic Church, rented space at an Episcopal church in Laguna Hills and celebrated Mass once a week, officials said. Spokesmen for the Episcopal and Roman Catholic dioceses said his church was not affiliated with them.  Authorities are asking anyone who believes they were a victim, or who has additional information on the case, to contact Supervising District Attorney Investigator Lou Gutierrez at 714-347-8794.

See the Orange County Register story HERE.

It is not clear from the story above how Perez managed to arrange time alone with the boys and whether his church affiliation had anything to do with that.  In general, the possibility exists that pedophiles will use any position of authority to gain legitimate access to young boys in order to seduce the more susceptible ones into sexual activity.  Unfortunately sex abuse in this context is more common than accidental deaths and serious injuries combined.   It is well recognized that children engaged in organized group overnight activities are at risk of foreseeable sexual abuse.  It is certain that there exists in our society the constant possibility that persons suffering from a lack of proper mental balance or normal decency might subject young people to sexual molestation.  This fact is often illustrated by mass media accounts of crimes against children.  The general feeling of the public that this problem does exist in a threatening way has led to the conclusion by many courts of this State that those charged with the care of children are obligated to guard against sexual abuse.  Liability generally follows where the abuse is foreseeable.

Compensation for victims of sexual abuse and harassment committed by people in a position of authority should be an important concern for all Californians.  When an adult engages in sexual abuse of a child they should be held accountable, and their victims should be compensated.  An Orange County injury attorney with experience at handling sexual abuse cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual misconduct cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual misconduct?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

 

Earlier this month, the California Department of Fair Employment and Housing (DFEH) announced a $70,000 settlement of a workplace sexual orientation harassment case against Limited Brands Store Operations, Inc., and Bath & Body Works, LLC.  In that case, a manager of a Bath & Body Works was accused of harassing her co- manager because of his sexual orientation.  The DFEH filed an accusation with the Fair Employment and Housing Commission after investigating the co-manager's complaint, who began working at Bath & Body Works in August 2007.  In short, the complainant claimed that from his first day on the job, his female supervisor referred to him multiple times a day using slurs based on his sexual orientation, drew pictures of male genitals, which she hung in the store’s back room, told his co-workers that he liked kissing boys, and falsely claimed that his attitude was affecting the work environment. The Department’s accusation further alleged that, even though another store manager witnessed the harassment and the employee complained to the district manager, Bath & Body Works failed to stop the harassment, ultimately forcing the victim to quit his job.

As part of the $70,000 settlement, Bath & Body Works, LLC agreed to provide discrimination and harassment prevention training to its supervisors and managers, provide training to all new hires within 60 business days of hire, display posters informing employees of their right to report discrimination to the DFEH, and retain copies of all complaints of discrimination and harassment made by employees alleging a violation of the Fair Employment and Housing Act.  As is typical in such cases, Bath & Body Works did not admit to any liability in the agreement to settle.

See the DFEH press release HERE.

California law has long prohibited sexual harassment in the workplace, including that based on sexual orientation.  When co-workers or supervisors create a hostile work environment by way of repeated and offensive conduct, the victim has the right to pursue his or her legal remedies with the DFEH, EEOC or in a civil lawsuit.  With regard to a lawsuit, California law first requires the injured employee to exhaust their administrative remedy.  In this context, that simply means the employee files a complaint (which can be done online) with the DFEH and simultaneously requests a "Right to Sue Notice".  Once the Notice is issued, which usually happens almost immediately, the wronged employee may pursue their civil remedies in court.  Civil remedies may include lost wages, loss of future earnings, emotional distress damages, attorney's fees and punitive damages.  Unlike a DFEH action, a victim pursuing their remedies in civil court is not limited in the amount of damages they can recover.  There are certain time limitations in terms of filing a Complaint with the DFEH, and it therefore important that victims understand their legal rights and available remedies as soon as possible.

Compensation for victims of sexual harassment and discrimination should be an important concern for all Californians.   When a co-worker or supervisor victimizes someone in the workplace, because of that person's sex or sexual orientation, the the harassing employee and employer should be held liable. An Orange County sexual harassment lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has more than 20 years of experience handling personal injury and sexual harassment cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual harassment or discrimination?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

In a recent appellate decision from the California First District Court of Appeals, the court held that an employer could be held liable for retaliatory action taken by co-workers and not the company itself.   In deciding the issue in favor of the alleged victim, the appellate court agreed that an employer may be found to have engaged in an adverse employment action, and thus liable for retaliation, by permitting fellow employees to punish him or her for invoking their rights.  In other words, the court held that an employer may be held liable for coworker retaliatory conduct if the employer knew or should have known of coworker retaliatory conduct and either participated and encouraged the conduct, or failed to take reasonable actions to end the retaliatory conduct. (Kelley v. The Conco Cos. ( 2011) Cal. App. LEXIS 690)

In general, under the law in California, it is an unlawful employment practice for an employer to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under the sexual harassment statute, Government Code Section 12940.  Typically, in order to establish a case of retaliation under the Fair Employment and Housing Act (FEHA), a plaintiff must show (1) he or she engaged in a protected activity, (2) the employer subjected the employee to an adverse employment action, and (3) a causal link existed between the protected activity and the employer’s action.  Once an employee establishes this, the employer is required to offer a legitimate, nonretaliatory reason for the adverse employment action.  If the employer produces evidence of a legitimate reason for the adverse employment action, the presumption of retaliation ‘“‘drops out of the picture,’”’ and the burden shifts back to the employee to prove intentional retaliation.  The ruling above focuses on the second prong, the adverse employment action, and it allows the plaintiff to establish the case if the employer was or should have been aware of retaliatory conduct and participated, encouraged or failed failed to stop it.

Compensation for victims of sexual harassment and discrimination should be an important concern for all Californians.  When someone complains of sexual harassment and other employees retaliate, the employer should be held liable if they knew or should have known this was occurring and failed to take remedial action.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury and sexual harassment cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual harassment or discrimination?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The second of two San Bernardino County deputy sheriffs has been arrested on suspicion of having sex with an underage female Explorer.  According to an article today in the Press Enterprise, the second deputy, Anthony James Benjamin of Beaumont, will be prosecuted on felony criminal charges according to the San Bernardino County District Attorney’s office.  Prosecutors today filed two counts of oral copulation with a person under the age of 18 against the 30-year-old deputy, who is scheduled to be arraigned July 6th in Victorville where he was assigned.  The victim is now 18, but was 17 when the alleged crimes were committed beginning last July, according to the charges.  Deputy Nathan James Gastineau, of Redlands, the other deputy involved, was arrested April 22nd for investigation of committing a lewd act with a 16-year-old girl.

See the Press Enterprise story HERE.

As stated in the first blog in April, the case above has marked similarities to a lawsuit handled by attorney Paul W. Ralph in 2002.  In that case, Doe vs. City of Murrieta  (2002) 102 Cal. App. 4th 899 , two female Explorer Scouts were sexually victimized by a police officer, while on and off duty.  In the Doe case, the City of Murrieta successfully brought before the court a motion for summary judgment, disposing of the case in the City’s favor.  However, Mr. Ralph’s arguments on appeal carried the day, and the trial court’s decision was reversed.  That appellate decision became the law in California.  In the case above, assuming the victimization occurred, the County of San Bernardino would have to prove they were in no way negligent in the supervision of the Explorer Program in order to avoid civil liability to the minor victims.  As for their potential liability, if there was any meaningful indication the sexual misconduct was about to occur or was occurring, and the County failed to take remedial action, they could could be held liable.  In the Doe case the two young girls often went on ride alongs with the officer, called the station frequently and employees at the Murrieta police station thought the girls appear infatuated with the officer.

Compensation for the minor victims of sexual abuse and harassment should be an important concern for all Californians.  When someone in a position of authority, such as a police officer, takes advantage of a child in their charge, those responsible for allowing this to occur should be held accountable.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual abuse cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register reported yesterday that an Anaheim Hills doctor accused of sexually molesting patients during exams was stripped of his medical license.  The California Medical Board revoked the license of Dr. David Hung Do, 40, after five female Kaiser Permanente patients alleged that he examined them inappropriately between 2006 and 2008.  In September, he pleaded not guilty to four counts of sexual battery.  Medical board documents conclude that Do engaged in sexual misconduct with three of the patients.  He was terminated from Kaiser and later arrested by police.  The criminal case has yet to be resolved.

See the Register story and photo HERE.

The Medical Board concluded the allegations against Dr. Do were established by "clear and convincing evidence."  His testimony before the Medical Board was described as "deliberately evasive" at times and that of at least one of his three victims was described as "plausible, direct, restrained and without evasion."  Not surprisingly, Dr. Do's conduct was found to have committed repeated acts of sexual misconduct and gross negligence, necessitating revocation of his license.  See the Medical Board Decision HERE.

Unfortunately, a small number of physicians have in the past and will in the future take advantage of their patients, like Dr. Do.  When this occurs, the patient has the right to pursue a civil action in court in order to receive compensation for the emotional and any physical injuries sustained.  To their credit, most of the women victimized by Dr. Do came forward and reported the incidents to Kaiser and to the authorities.  Several victims pursued civil claims and/or lawsuits against the doctor as well.  Three of those have been reported by the Medical Board as resolved.

Compensation for victims of sexual abuse and harassment committed by physicians should be an important concern for all Californians.  When a doctor engages in sexual misconduct they should be held accountable, and their victims should be compensated.  An Orange County malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse by a physician?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

 

The Press Enterprise has reported a San Bernardino County Sheriff's deputy arrested on suspicion of having sex with an underage girl supervised the alleged victim in the department's Explorer program.   The Sheriff's Department's announcement came nearly a week after the arrest of Nathan James Gastineau, a traffic deputy who supervised the department's Explorer program at the Highland station.  Arrested on Monday for investigation of having sex with the same 16-year-old Redlands girl was 27-year-old Jason Henry Anguiano, of Rialto.

See the Enterprise story HERE.

The case above has marked similiarities to a lawsuit handled by attorney Paul W. Ralph in 2002.  In that case, Doe vs. City of Murrieta  (2002) 102 Cal. App. 4th 899 , two female Explorer Scouts were sexually victimized by a police officer, while on and off duty.  In the Doe case, the City of Murrieta successfully brought before the court a motion for summary judgment, disposing of the case in the City's favor.  However, Mr. Ralph's arguments on appeal carried the day, and the trial court's decision was reversed.  That appellate decision became the law in California, and the County of San Bernardino now must prove they were in no way negligent in the supervision of the Explorer Program in order to avoid civil liability to the 16 year-old victim in the case above.

Compensation for the minor victims of sexual abuse and harassment should be an important concern for all Californians.  When someone in a position of authority, such as a police officer, takes advantage of a child in their charge, those responsible for allowing this to occur should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual abuse cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Los Angeles Times reported today that an Orange County teacher has been charged with having a sexual relationship with a 17-year-old boy.  Gay Davidson-Shepard, currently a teacher at Mesa View Middle School in Huntington Beach, and her husband, Daniel Alma Shepard, are both charged with multiple felony counts, including oral copulation of a minor, sodomy of a person under 18 and contributing to the delinquency of a minor.  Shepard, formerly a teacher at Westminster High School, is also accused of taking photographs of the sexual acts and asking the student to email him nude pictures of himself.

The district attorney's office is seeking other potential victims in the case and asks anyone with information to contact Det. Michael Nguyen at (714) 548-3742 or Investigator Lou Gutierrez at (714) 347-8794.

See the LA Times story HERE.

The investigation into the alleged crimes is not yet complete, and it will interesting to see what misconduct, if any, occurred while either of the Shepards was on duty teaching.  Assuming it can be shown the school district knew, or reasonably should have known, the victimization was about to occur or was occurring then the district may be held civilly liable for the any injuries and damages sustained by the victim.  If the district had actual or constructive knowledge of the potential for abuse and failed to take steps to prevent these sex crimes from occurring, then the district could be held liable.  Under California law, a school district is not automatically liable when their teachers commit sex crimes against students.  It must be shown the district was somehow negligent.

Compensation for the minor victims of sexual abuse and harassment should be an important concern for all Californians.  When someone in a position of authority takes advantage of a child in their charge, those responsible for allowing this to occur should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

 

According to a story in the Los Angeles Times, the Los Angeles County Board of Supervisors agreed yesterday to pay $900,000 to settle a lawsuit by a sheriff's deputy who alleged that his boss sexually harassed him and threatened him with violence.  The victim, Deputy Robert Lyznick, claimed that his supervisor,  Sgt. Charles Dery, threatened him with violence for rebuffing sexual advances.  Dery has claimed the allegations were fabricated, although he did resign from the Sheriff's Department in 2008 after the agency launched an internal affairs investigation into Lyznick's accusations.

See the full LA Times story HERE.

Under California law, in the context of sex discrimination, prohibited harassment includes verbal, physical, and visual harassment, as well as unwanted sexual advances.  In this regard, verbal harassment may include epithets, derogatory comments, or slurs on the basis of sex; physical harassment may include assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual on the basis of sex; and visual harassment may include derogatory posters, cartoons, or drawings on the basis of sex.  In the case above, the harasser was alleged to have made sexual advances and allegedly touched his victim.  According to the news story, Dery admitted in an interview only to occasionally telling jokes of a sexual nature, but he denied any other wrongdoing.

Compensation for victims of sexual harassment and discrimination should be an important concern for all Californians.  When a supervisor sexually harasses a subordinate, the harasser and the employer should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual harassment cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual harassment or discrimination?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a story reported by KTLA news, an assistant school principal in New Rochelle, New York, who recently resigned from his post was arrested and charged last Friday with sexually abusing a 14-year-old student.  According to authorities, Jose Martinez is accused of having "ongoing courses of manual and oral sex" with the male student between March 2010 and June 2010, inside his middle school office.

See the full story HERE.

In California, except where sexual misconduct by on-duty police officers against members of the public is involved, an employer is not automatically liable to the third party for such misconduct.  For example, the courts have held a church is not liable for repeated acts of sexual assault on a minor by the child's Sunday school teacher.  In another California case, a school district was found not liable for their janitor's rape of a student.  However, where it can be shown the employer/public entity was negligent in the hiring, retention and/or supervision of the offender, then liability can be found.  If the employer knew or reasonably should have known of the potential for sexual abuse, but failed to prevent that from occurring, they may be found liable.

Compensation for child victims of sexual abuse and harassment should be an important concern for all Californians.  When an employer is negligent and that carelessness allows a minor to be victimized, the business should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

 

The suspect in the sexual assault of an Emergency Department patient at St. Joseph Hospital in Orange has been identified as Francisco Ayala Jr., 27.  According to the Orange County Register, Ayala has been arrested on charges of rape, sodomy and oral copulation after allegations that he sexually assaulted a woman he was assigned to monitor during her hospital stay.  Reportedly, Ayala spoke to detectives on Wednesday, and was arrested after the interview and booked into Orange County Jail.  As of March 14th, Ayala, an Anaheim resident, no longer worked at St. Joseph, hospital officials said.

See updated story HERE.

Ayala's criminal history, assuming he has one, will likely impact whether the hospital knew or should have known of his dangerous propensity for sexual exploitation/assault of women.  Equally important is what history he has as a hospital worker at St. Joseph and whether any female employees or patients complained prior to the March 8th incident.  A records search with the Orange County Superior Court did not reveal any apparent history of criminal convictions or arrests. Compensation for victims of sexual abuse and harassment occurring in a hospital or health care setting, should be an important concern for all Californians.  When a hospital or other medical facility allows their employee to commit sexual misconduct, when they knew or should have known it could happen, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse in a hospital or health care setting?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

 

The Los Angeles Times reported today that a female patient has alleged she was sexually assaulted by a hospital worker at St. Joseph Hospital in Orange.  According to the article, the patient was in the Emergency Department on March 8th when the incident took place.  The next day, the woman told hospital officials that a patient care technician had assaulted her.   Officials at the hospital then reported the incident to police, who have not yet interviewed the subject employee, a department spokesman said.  An official with the state Department of Public Health said the agency also has opened an investigation but declined to provide further details.

See the story HERE.

Putting aside for the moment the criminal culpability of the alleged perpetrator, the victim may also have the right to compensation against not only the perpetrator but the hospital as well.  However, under California law, a hospital generally has not civil liability for the sexual misconduct committed by their employees, unless the hospital was aware of  a prior, similar incident involving the same patient care technician or for some other reason the assault was foreseeable, and there was a failure to take appropriate, preventative measures.  For example, if the worker had a history of sexual harassment of females employees but was still permitted to treat female patients without adequate supervision, then the hospital may be liable.  Additionally, if on March 8th (but prior to the incident) the hospital was made aware of conduct (such as salacious comments, etc.)  directed at the victim but failed to take action, St. Joseph may be held liable.

Compensation for victims of sexual abuse and harassment occurring in a hospital or health care setting, should be an important concern for all Californians.  When a hospital or other medical facility allows their employee to commit sexual misconduct, when they knew or should have known it could happen, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse in a hospital or health care setting?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

According to a news report by KTLA, a well known Orange County swim instructor, Todd Sousa, was arrested Thursday on suspicion of child molestation and rape.  Citing Orange County Sheriff Department sources, KTLA went on to report the 15-year-old female victim and her mother walked into Irvine Police Department Wednesday to report that she had sex on four occasions with her swim coach.  Sousa, 36, was arrested Thursday at J. Serra Catholic High School, where he was coaching.  Sousa's company, which he has been operating with his wife since 1994, leases pool space from campuses for swim lessons and is not employed by any schools.  Anyone with information is asked to contact authorities at 714-647-4005.

See the full story HERE.

Generally, the courts have not imposed vicarious liability on private or public entities for sexual assaults or misconduct of their employees.  However, where an employer fails to take protective measures to deter sexual exploitation of minors in their care, such as adequately supervising and enforcing applicable rules and regulations, liability may be imposed.  For example, where it is apparent a minor has become infatuated with an adult and the two are spending unusual amounts of time alone together, the adult's employer may be liable if the minor is victimized.  Under California law, liability may be imposed on a private employer or public entity where the defendant knew or should have known the exploitation was likely to occur, but did not intervene to deter such misconduct.

Compensation for victims of sexual abuse and harassment, especially where the victim is a minor, should be an important concern for all Californians.  When a private or public employer allows such victimization to occur, when they knew or should have known it could happen, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical neglect?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

 

Earlier this month, the Sixth District Court of Appeals rendered a decision in a sexual harassment/discrimination case involving a worker at a halfway house in Monterey County.  The decision is interesting and important in that is sets forth the difference in two particular theories of sexual discrimination, disparate treatment and disparate impact.

In the Court of Appeals case, the female worker sued her former employer on, among other theories, one of sexual discrimination.  The trial court elected to instruct the jury on only a disparate impact theory, because the employer's practice that allegedly violated the law was on its face gender neutral and did not single out women.  In short, the practice of the employer was to require only same sex administration of urinalysis testing, and the employer (because of budget constraints) had to limit the night shift to just one employee.  Consequently, women could no longer work the night shift because the residents of the halfway house were men, and only a male employee could administer the urinalysis testing.  Since the female plaintiff was not permitted to work the only shift she had worked in the past (the night shift), she was terminated once her shift had to be limited to just one employee.

In reaching their decision, the appellate court described the difference in the two theories of sexual discrimination as follows:

Disparate treatment and disparate impact are different theories of discrimination, requiring different proof. “ ‘Disparate treatment’ is intentional discrimination against one or more persons on prohibited grounds.  Prohibited discrimination may also be found on a theory of ‘disparate impact,’ i.e., that regardless of motive, a facially neutral employer practice or policy, bearing no manifest relationship to job requirements, in fact had a disproportionate adverse effect on members of the protected class.

In this recent case, the employer's practice of same sex testing was not found by the jury to have a disparate impact on women, and the appellate court agreed the trial court had done the right thing in instructing the jury on only the disparate impact theory.  The simple rule in disparate impact claims is that the plaintiff must prove the class to which he or she belongs (their sex) is unfairly treated by a gender neutral policy.  Here, the only impact was on women who wished to work the night shift.  This limitation did bear relationship to job requirements (same sex urinalysis testing) and was apparently compelled by budget constraints.  Had the practice discriminated against all female employees (and not just those who wanted to work the night shift) the outcome may well have been different.

Compensation for the victims of sexual harassment should be an important concern for all Californians.  When an employee suffers discrimination in the workplace, the employer should be held accountable.  An Orange County sexual discrimination attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of sexual harassment in the workplace?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Many people might think that with years of public awareness, regular corporate training and high profile examples bringing home the prevalance of the problem, sexual harassment would have been all but removed from the contemporary workplace.  Instead, harassment occurs with alarming frequency, and technology has now provided the harassers with more and more novel ways of harassing their victims.  E-mails, instant messaging, inter-office electronic mail, pornographic websites and internet links have made victims more susceptible, and predators more bold than in years past.  Sending a quick e-mail with little to no text and a link to a pornogrphic website is but one way harassment can occur at the hands of someone targeting a susceptible victim.  Technology has allowed harassers the ability to make seemingly "subtle" advances from the privacy of their own desk or even home computer.

If you have been victimized by someone in the workplace, then you should do all that you can to document the harassment and make management aware of it.  No message should be erased, but should instead be saved and/or forwarded to a secure e-mail account.   Hard copies should be printed and stored in a secure place.  If there are notes or gifts involved, those should be kept in a safe place off of the employer's property. 

If the harassment is more than isolated or occasional, it should be reported to management in a neutral, objective manner.  Simply informing management that you have been made to feel uncomfortable by a co-worker or supervisor is all the law requires.  It is then the responsibility of management to do a reasonable investigation and to take remedial action, if warranted.  Obviously, the value of tangible evidence (cards, notes, e-mails, letters, gifts, etc.) will make the complaint all the more credible and increase the likelihood you will be satisfied with management's response.

One mistake often made by victims is retaliating directly against the harasser.  Simply letting the harasser know the advances or other conduct is not acceptable is enough.  Responding with vicious personal attacks or making idle threats not only rarely dissuades the harasser, it will likely make for a loss of credibility and/or sympathy, should the matter proceed into litigation.  Understandably, a somewhat detached response is difficult and often counter-intuitive, but it is the best way of maintaining credibility and preserving the merit of any claim should one become necessary.

Assuming the harassment does not end or other circumstances warrant further action, the next step in the process is the filing of a formal complaint with the appropriate governmental agency.  Generally, in California, the filing of a complaint with the Department of Fair Employment and Housing (DFEH) will suffice.  (www.dfeh.ca.gov)   You will then have the option of permitting the DFEH to pursue the claim  on your behalf (with certain limitations) or you may pursue your own civil action, allowing you greater remedies provided by statute.

Compensation for the victims of sexual harassment should be an important concern for all Californians.  When an employee is harassed in the workplace by a co-worker or surpvisor, the and the employer (for failing to take adequate, remedial action) should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of sexual harassment in the workplace?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

After all the years of corporate attention, sensitivity training and high profile media cases, sexual harassment is still occurring with shocking frequency.  Earlier this month the allegations involving NFL quarterback Brett Favre have come to light.  A woman, reportedly a former employee of the New York Jets organization, has accused Favre of making unwanted calls, soliciting dates and sending nude pictures via cell phone.  These allegations, if proven true in court, could result in a sexual harassment verdict against one of the most talented players in NFL history.

Sexual harassment, as distinguished from discrimination, focuses on situations in which the social environment of the workplace becomes intolerable because the harassment (whether verbal, physical, or visual) communicates an offensive message to the harassed employee.  This is known in the law as a "hostile work environment".  Where a harassed employee alleges that a defendant created a hostile or abusive work environment, the victim does not need to show evidence of unwanted sexual advances.  When the harassment is in the form of a demand for sexual favors in return for a job benefit,  this is known as “quid pro quo" harassment.  In either case, both the harasser and the employer are potentially liable for the damages caused.

California Civil Code Section 51.9 provides for additional situations in which sexual harassment may be actionable, beyond the traditional workplace, and that statute provides in part as follows:

(a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements:

(1) There is a business, service, or professional relationship between the plaintiff and defendant. Such a relationship may exist between a plaintiff and a person, including, but not limited to, any of the following persons:

(A) Physician, psychotherapist, or dentist. For purposes of this section, "psychotherapist" has the same meaning as set forth in paragraph (1) of subdivision (c) of Section 728 of the Business and Professions Code.  (B) Attorney, holder of a master's degree in social work, real estate agent, real estate appraiser, accountant, banker, trust officer, financial planner loan officer, collection service, building contractor, or escrow loan officer.  (C) Executor, trustee, or administrator.  (D) Landlord or property manager.  (E) Teacher.  (F) A relationship that is substantially similar to any of the above....

The law in California does provide protection for victims of sexual harassment in a wide variety of contexts, not only in the traditional workplace.   Victims have rights ensured and protected by statutes, such as the one above.   An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.