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So Cal Law Blog

Types of Sexual Harassment

Sexual harassment can occur in different circumstances, not all involving physical contact. An example of verbal sexual harassment is a quid pro quo situation. Typically, when these situations occur, ...
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Sexual Harassment can Occur in any Type of Workplace

Workplace sexual harassment is a common occurrence that people often hear about or talk about. However, what often goes unanswered is, why these employees do not report this behavior to their employer ...
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Speaking Out Against Sexual Harassment

Recently, Taylor Swift was awarded $1 in her lawsuit against a Colorado DJ who grabbed her rear-end during a fan meet and greet. Swift’s decision to file a countersuit against the DJ is ...
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Connect with Us Online

Stay up to date with Spray, Gould & Bowers LLP by connecting with us through any of our online profiles! Our firm is active on social media and has a number of other online profiles. Follow, like, ...
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Non-Sexual Hostile Conduct as the Basis for a Sexual Discrimination Claim

Offensive conduct need not be of a sexual nature to create a hostile work environment. Conduct which is hostile, but not sexual, that is directed at an employee because of his or her gender may be ...
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Verbal Harassment & Displays of Offensive Materials

Example of Sexual Discrimination: Verbal Harassment Verbal harassment may consist of offensive sexual remarks or non-sexual remarks "of a (sexually) discriminatory nature," meaning that the ...
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"Reasonable Victim Standard" & "Hostile Work Environment"

"Reasonable Victim Standard" Determining whether or not the victim's working environment became hostile and abusive as a result of the discriminatory conduct consists of both an ...
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Pervasive Conduct

What is "Pervasive Conduct"? Pervasiveness refers to the extent, frequency, continuousness, and length of presence of the misconduct in question, which must be of a sufficiently high level ...
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Severe Conduct

What amounts to actionable harassment? To succeed on a hostile work environment claim, an employee must show that he or she was harassed by conduct that was either severe enough or sufficiently ...
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Informative Workers' Rights Event Coming Soon to Los Angeles

For any employee interested in learning about their rights in the workplace, Asian Americans Advancing Justice (Los Angeles) is hosting a free workers' rights program at their Los Angeles location ...
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Stress Caused by Supervisor Not a Protected Disability

Generally, employers are legally required to provide reasonable accommodations to employees with disabilities as provided by the Fair Employment and Housing Act (FEHA). Though the scope of ...
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Clarifying the Hostile Work Environment Claim with Regard to Isolated Racial Slurs

Often, the threshold for hostile work environment claims is unclear and, while case law may partially delineate actionable from non-actionable claims, courts must often determine the threshold based ...
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Delineating the Distinction Between Employees & Independent Contractors

Given the broad protections provided to employees under California labor laws, it comes as no surprise that many employers have attempted to avoid compliance with these protections by classifying ...
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How Do I Report Sexual Harassment?

With the advancements we've made in today's workplace, you would think that sexual harassment is a thing of the past. Unfortunately for many employees, harassment is still a very real and ...
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USSC Will Review the Scope of Pregnancy Discrimination Act

In Young v. United Parcel Service, Inc. , the Fourth Circuit held that a company policy that provided light duty work to certain employees, but not pregnant employees, did not qualify as direct ...
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Senate Bill 292: Amendment to California's Fair Employment and Housing Act

This bill is responding to the sexual harassment case, Kelley v. Conco Companies (2011) 196 Cal.App4th 191. In Kelly, the court held that to prove sexual harassment, there must be an element of ...
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Legal Effect of Berman Waivers on Arbitration Agreements

Legal Effect of Berman Waivers on Arbitration Agreements The California Legislature implemented Berman hearings, as codified in California Labor Code §98, to provide an efficient an inexpensive ...
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CA Supreme Court Opinion Clarifies Scope of Franchisor Liability

To determine whether a franchiser may be held liable for sexual harassment by a franchisee employee, courts must decide if the franchisor has retained the requisite level of control over the ...
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USSC Looks to Employment Discrimination Statutes to Define "But For" Causation in Criminal Case

In Burrage v. United States, the United States Supreme Court addressed the element of causation in a criminal statute, which specifically contain the phrase "results from." Though this was a ...
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What is Elder Abuse?

Elder abuse is a common and growing problem—in fact, each year thousands of elder people are subjected to elder abuse and may not even realize it. This comes as a result of age, frailty, or a ...
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How to Spot Nursing Home Neglect

Resulting from understaffed facilities and oftentimes the desire to maximize profits, nursing home neglect is a growing problem in the community. Compounding the problem is the reality that it can ...
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Interns & Sexual Harassment: Are You Protected?

Under current California employment law, interns and other unpaid volunteers and workers are not protected by law when it comes to sexual harassment. This issue came to the attention of California ...
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Types of Sexual Harassment

Sexual harassment can occur in many ways. Our view of it can tend to be limited and we don't realize just how large the potential is for it to take place on the job is. Sexual harassment includes ...
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History of Allegations of Sexual Abuse Against the Boy Scouts of America

The Boy Scouts of America seems to have an ongoing problem of sexual abuse against children that dates back to the early days of the organization. The abuse allegations have resulted in thousands of ...
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Tolling the Statute of Limitations when Sexual Abuse is Alleged

On August 27, 2012, in Doe v. Defendant Doe 1 (California Courts of Appeal – 2nd District, No. B233498), the court held that notice must be provided to run the statute of limitations where the ...
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  • Dedication & Experience

    Representing clients in Southern California since 1925!

    What We Do
  • SoCal Blog: Stay Informed

    Read about developments in the law & how they may affect you.

    Recent News
  • Proven Track Record

    View the recent verdicts & settlements we've won.

    Our Results
  • Take the First Step Now

    Get help now! Use our quick contact form to email us.

    Free Case Review
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