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Sexual harassment destroys lives and ruins businesses. In cases of workplace sex harassment, discrimination, retaliation, or wrongful termination, it is often difficult to determine your rights, whether you may be able to reach a settlement, or need to pursue a lawsuit. If you believe you are a victim, please contact us and we can help you with this often difficult process. With lawyers serving the San Francisco, Los Angeles, Pasadena, and San Diego areas, we handle cases in virtually all of California.
California law defines sexual harassment to include harassment based on a desire for sex or because of a person’s gender (i.e., because she is a woman). Sexual harassment also includes harassment based on pregnancy, childbirth, or related medical conditions. This law is contained in the Fair Employment and Housing Act, known as The FEHA. Similarly, Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature.
California law prohibits employment discrimination when it is based on a “protected class.” Just a few of these protected bases include skin color, race, religion, ancestry, national origin, sex, sexual orientation, pregnancy, disability (including HIV/AIDS diagnosis), and whether someone is married or not.
Wrongful termination is often difficult to prove because, in California the employment relationship is presumed to be “at will” meaning the employee may be fired at any time, for any reason, as long as it is not for an illegal reason.
2013: In Moran v. Shah, on August 5, a twelve person jury in Palm Springs found Palm Desert real estate developer, Suresh Shah, guilty of sexually harassing Karen Moran, Shah’s former leasing agent and mall manager at the Town Center Mall in Yucca Valley. The jury awarded plaintiff $1.25 million ($1,000,000 in punitive damages against Mr. Shah and $250,000 in compensatory damages to plaintiff). Ms. Moran alleged Mr. Shah made unwanted requests for sexual favors in exchange for a raise in pay, that he sent her and other female employees numerous sexually explicit emails, and that he touched her inappropriately and directed vulgar, gender based language at her and other women employees over a period of many months. The jury also found Mr. Shah acted with malice or oppression, which was the basis for the punitive damages award. Ms. Moran was represented by Patrick McNicholas (lead), John Dalton (second chair), and Jason Oliver.
2011: In Wherry v. Century 21 Award and Greg Britton, on February 23, we succeeded in our fight against Century 21 and the California Association of REALTORS®. To review the Court of Appeal’s published decision in Wherry/Traieh v. Award, Inc., finding the CAR Independent Contractor Agreement (ICA) illegal and unenforceable when used to attempt to force people into an unfair arbitration system, click here. UPDATE 1 : On April 4, 2011, the California Supreme Court denied attempts to overturn the Court of Appeal’s decision filed by Century 21 Award, and the California Association of REALTORS®, denying their petition for review and depublication.
2005: In Marcisz v. Ultrastar – Before the Suresh Shah sexual harassment case, in a sexual harassment case against UltraStar Cinemas (Movie Theater Entertainment Group) a San Diego jury awarded our clients $6,000,000 (six million dollars) in punitive damages in addition to $850,000 in compensatory damages. UltraStar had knowingly allowed two of its male managers, ages 32 and 22 respectively, to sexually harass the teenage plaintiffs. Some of the harassment included assault, the brandishing of knives, and the use of police restraint holds on the teenage girls. At the time of the harassment, the four plaintiffs were minimum wage workers between the ages of 16 and 17 in their first jobs. After the verdicts were rendered, the trial court ordered a new trial, on the grounds that the awards were too much money. April 30, 2008: the California Court of Appeal reversed the trial court’s decision taking away the emotional distress damages verdict in favor of four teenager girls, reinstating the verdicts as to these amounts. To review the Court of Appeal’s (unpublished) decision overturning the trial court’s decision, in part, click here. The case was also the subject of the very first PBS NOW television special, which takes an in-depth look at issues facing women in the workplace.
2002: Before the Ultrastar case, a San Diego jury rendered a $30.6 Million to six clients in another sexual harassment case, Gober v. Ralphs Grocery Company. The women’s store director had harassed them for years, while their employer, Ralphs Grocery Company, a subsidiary of grocery giant Kroger, knowingly allowed the sexual harassment to continue. The $30 million sexual harassment jury verdict was the focus of nationwide media attention, resulting in a featured segment on ABC Primetime and covered in a Los Angeles Times article on workplace sexual harassment. The case was appealed by both sides, resulting in a published opinion by the Court of Appeal. After Ralphs petitioned to the California Supreme Court, the Court of Appeal issued a second opinion. Click here to read the Fourth District Court of Appeal, Division One’s first opinion in Gober v. Ralphs Grocery Company regarding sexual harassment and punitive damages and the order modifying the decision (in Adobe portable document format–for a free copy of Adobe Reader, visit Adobe). Click here to read the Court of Appeal’s second opinion dealing with motions for new trial and JNOV, sexual harassment and punitive damages and the order modifying it. Click here to read the most recent opinion dealing with punitive damages in sexual harassment cases, review of punitive damages awards by way of motion for JNOV and motions for new trial.
On August 15, 2013, Attorney Jason Oliver was selected by his peers for inclusion in the 20th Edition of The Best Lawyers in America in the practice area of “Employment Law – Individuals.”
The Law Offices of Jason L. Oliver was ranked among the “Best Law Firms” in the 2014 and 2015 Editions of U.S. News – Best Lawyers.
One or more of our attorneys have prosecuted sexual harassment, discrimination, wrongful termination and/or whistleblower cases against some of the world’s largest and most high profile companies, including, but not limited to, Sony Electronics Inc. (Sony), AIG Annuity Insurance Company (AIG), Veritas, Denny’s (Highgrove Restaurants), Ralphs Grocery Company (Kroger), Bank of America, Home Depot, Applebee’s (Calabee’s / Applebay East), Lockheed Martin Corporation (LM Aero), Wyndham Resorts, Arnel Management Company, Certified Grocers of California, Westin Hotels (Starwood Hotels and Resorts Worldwide, Inc.), Kinney & Company, Garden Grove Dental Care (an Allen R. Baker, D.D.S., Corporation), Allen Baker, D.D.S., El Torito Restaurants (Acapulco), Suresh Shah, Lowe’s Home Improvement, City of Pasadena, AT&T, Classic Party Rentals, Banwait Petroleum, Enrique Arevalo Law Office, Ricardo Arevalo, Equity Residential, UltraStar Cinemas (Movie Theater Entertainment Group), Bally’s Total Fitness, DaimlerChrysler, Holiday Inn (Barney Hospitality Group), Cohen Financial, Equity Residential, Crocker Global Logistics, Hooters (Hoot Winc, LLC), Hawaiian Gardens Casino, Heartland Payment Systems, Marples Gears, Inc., and LA Fitness.
The sexual harassment lawyers at www.nosexualharassment.com also handle cases of harassment, discrimination, retaliation, and wrongful termination based upon sex, race, ethnicity, age, religion, medical condition, or other protected category, such as opposing or complaining about illegal activity in the workplace. Our attorneys serve virtually all of California, including but not limited to, San Francisco, Los Angeles, Pasadena, and San Diego.
* Each of the law offices serving the San Francisco, Los Angeles, Pasadena, and San Diego areas are independently owned and operated.
** Nothing herein shall be construed as a representation or guarantee that any particular result will be obtained in any specific case. Results obtained for past clients are not a representation that similar results will be obtained in any other case, as all cases are unique and individual results will vary.