California Employment Lawyer Blog

A high-profile Hollywood producer has been ordered to pay $3 million after being convicted of sexually harassing an assistant.

It's blatantly obvious that Hollywood is full of egos. And those egos sometimes lead to power trips that result in people facing discrimination or harassment on the job. Sexual harassment in Orange County may be common, but it's not legal.

A person shouldn't be subjected to sexual advances, guarantees of a job in exchange for sexual favors or other unlawful and uncomfortable actions that make them despise where they work. With jobs scarce these days, people are willing to endure more frustrations in the workplace. But that doesn't mean they should endure harassment.

Our Santa Ana employment lawyers know the frustration and desperate feeling workers get when they face discrimination or harassment on the job. It may feel like a hopeless situation, but it's not. A lawyer can guide you in determining the best course of action and whether filing a lawsuit will best resolve the unfortunate situation you face.

According to the Los Angeles Times, Jon Peters, who produced "Caddyshack," "Rain Man" and Superman Returns," among other films, was convicted of sexually harassing his assistant and subjecting her to a hostile work environment.

At the jury trial, his assistant testified that he inappropriately touched her at his Malibu home, crawled into bed with her while they were in Australia in a hotel, and exposed himself to her and her 2-year-old daughter at an outdoor restroom when they were at his Santa Barbara ranch.

The woman also claimed that Peters' influence in the industry prevented her from getting another job after she stopped working for him. Peters, in defense, claimed that the woman had no independent eyewitness accounts to verify her allegations.

But jurors sided with the plaintiff. They also found that Peters acted with malice, which spurred a separate hearing to determine whether punitive damages should be awarded. At that hearing, an additional $2.5 million was awarded, NBC News reports.

These are large sums of money for sure, but they aren't unwarranted. For companies whose leaders discriminate and harass, it provides a lesson they will hopefully take seriously and prevent from happening in the future.

For the victim, aided by an experienced Santa Ana discrimination lawyer, the verdict provides her some closure for suffering through a difficult work environment. It also provides some money to tide her over should she be left without work in an industry that may continue to discriminate.

By and large, jurors get it right. They see the problems with work environments where employees are punished or rewarded for their looks and where bosses get away with inappropriate behavior. They want justice to be done and so do Santa Ana discrimination lawyers. Contact us today so we can help.

Continue reading " Hollywood Producer Ordered to Pay in Sexual Harassment Case " »

Charter Oak High School recently fired its junior varsity boys water polo coach after discovering what school officials said were inappropriate photos posted on Facebook and MySpace. The coach alleges he was fired because he is gay, the Glendora Patch reports.

There are many forms of discrimination and, unfortunately, they are often used by bosses and co-workers who aim to show power over others unlawfully. Sexual orientation discrimination in Santa Ana is wrong and requires the skills of an experienced Orange County Discrimination Lawyer who is able to sort through the facts and show that the clients have been victimized at work.

In this case, the openly gay man previously coached water polo in the mid- to late-1990s and returned this summer, only to be fired four months into his new tenure, the Glendora Patch reports. School officials recently discovered pictures taken when he wasn't on school time that depict him suggestively holding a corndog to his face and posing with men in drag. In none of the photos was he wearing anything sexually suggestive nor were students linked to the pictures, the news story reports.

The coach says that retribution and discrimination is to blame for his firing. The story states that two weeks before school started, half of the swim students hadn't yet completed their yearly physical, which clears them to compete. But after the week deadline had passed, some students still hadn't completed the physicals and, as punishment, had to wash the cars of faculty and administrators.

One angry parent approached the coach after practice to complain and shortly after, an anonymous parent sent an envelope to the principal with a letter and the photos, some that were taken years ago.

The coach, a 1993 graduate of the school, is now worried for his daughter, who is a freshman there. She has already been confronted by students who have taunted her about her father after he was fired.

The coach asked administrators whether he would have been fired if he was photographed with cheerleaders in skimpy uniforms and the administrator said no, because that is their uniform. The coach said that for drag queens, that's their uniform.

Parents have called and written letters of support. Even other coaches have said they support the fired coach because of the talent he brings to the school. He has also been a fundraiser for the aquatics program.

The coach brings up a valid point that shouldn't be overlooked. While social network sites such as Facebook and MySpace have put employees on edge about facing sanctions if they post "inappropriate" photos or messages, employers can't be discriminatory in the actions.

While some homophobic employers, or parents in this case, may object to someone based on their sexual orientation, would a teacher or coach who is heterosexual who had pictures leaked of them with a scantily clad woman be fired? They would probably be sanctioned but not fired. Then again, maybe no one would object.

That is discrimination. One person can't be punished for an action that others have done but not sanctioned for doing.

While California has been more accommodating and accepting of gay, lesbian, bisexual and transgendered people and employees, there are still obstacles to overcome. People are still sometimes treated poorly, not hired or inappropriately fired for factors that have nothing to do with their job performance or skills and that needs to end.

Continue reading " Charter Oak Coach Alleges Sexual Orientation Bias in Firing " »

A Novato-based sales manager was fired by an electrical supply company for not spending enough time traveling to meet customers while the man was recovering from cancer.

The San Francisco Chronicle reports that the man was awarded $846,000 for losses, and a $25,000 fine was levied on the company that let him go for what has been determined to be unjust reasons.

Sadly enough, some employers will fire a person with such insensitivity as this company and try to get away with this type of disability discrimination in Ontario and elsewhere throughout the great state of California. The good news is that experienced and aggressive Orange County Employment Law Attorneys won't sit by idly letting these injustices stand as is.

Corporations know that if they are faced with a discrimination lawsuit it not only threatens their dollar figures if a jury finds in favor of the victim, but it can also be a public relations nightmare. In many cases, they may be willing to make a generous settlement offer in order for it to go away. But often these companies will make unacceptable offers in settlement talks, forcing the victim to go to trial and expose all the dirty laundry in public.

In this case, The Fair Employment and Housing Commission, a state agency created to protect citizens' civil rights, ordered Acme Electronics, a Wisconsin-based company, to make the largest payout the agency has ordered in a discrimination case, the newspaper reports.

The Novato-based salesman, which is outside San Francisco, was a veteran electrical sales manager and headed the company's largest sales region from 2004 to 2008. He was fired at age 59 after having undergone surgery for kidney cancer and prostate cancer in 2006 and 2007, respectively.

The agency stated that the man limited his travel while he underwent treatment for the cancer and was fired within a year of the second operation. His region led all others in sales growth in 2007, despite the beginning of the economic downturn, and his supervisor gave him a poor review. In it, the supervisor stated the man spent too much time close to his home base and didn't make enough contact with potential customers.

While the company alleged that the man was fired based on the economy and his poor performance, the agency found that the reason the company provided for firing him were "factually baseless, false, pretextual and shifting." The company declined to comment and can appeal the ruling in court.

It's maddening how disloyal companies are to their employees these days. And it would be unbelievable that a company would fire a man while he is recovering from cancer had it not clearly happened, according to the commission.

It's sad to see that these things do, indeed, happen. But the good news is that there are aggressive and caring Santa Ana Discrimination Lawyers who are willing to fight the big companies and set the record straight in defense of the little guys.

Continue reading " Man Fired During Cancer Recovery Gets $846k in California Discrimination Case " »

More good news for employees who could potentially face discrimination whether at work, in applying for housing, education, in public, elections, obtaining a loan, or when seeking health and life insurance.

A new law passed by California lawmakers that went largely unnoticed by the news media was an update to the 52-year-old Unruh Civil Rights Act of 1959. That act banned discrimination based on race, national origin and religion. It has been updated throughout the years to include gender and sexual preference based discrimination as well. It now includes genetic discrimination.

But genetic discrimination is a new area of protection for California consumers and citizens. While there is a federal genetic discrimination law that has been in place since 2008, it deals only with hiring practices and health insurance coverage. California's law applies to many areas and is an expansion of rights that will likely be a trendsetter for other states to consider.

This is good news for everyone as it adds a layer of protection for those who could be subjected to mistreatment and discrimination in Santa Ana and elsewhere throughout the state. Yet, if someone faces genetic discrimination, he or she should immediately contact an experienced Orange County Discrimination Lawyer who can help you get justice.

Genetic discrimination is a relatively new term and applies to factors that may apply to a person based on his or her DNA and family member issues. For instance, a person may have a family history of heart issues or breast cancer. The law states that those facts can't be held against them if they are applying for a job, seeking health insurance or life insurance, or attempting to buy or rent housing anywhere in California.

While it's hard to believe, some employers will pass on hiring a more qualified candidate because he or she has a potentially life-threatening illness or some other issue. Typically, these employers may be afraid the illness is contagious or that the person could die and the company would lose the position due to budget cuts.

This just isn't fair and isn't right. A company can't make decisions of hiring, firing and promotions based on when a person could potentially get sick, need hospitalization or even die. That's simply not ethical and now it's illegal as well.

Discrimination can come in many forms in terms of employment in California. The law bans discrimination based on race, sex, age and other forms. But it shouldn't be difficult to determine if a person is facing discrimination at work. If other employees are treated better or receive preferential treatment over another person or persons, it's likely a case of discrimination.

If a person isn't hired because of one of these factors, it should be pretty obvious that the company has not followed the intent of the law and immediate action must be taken. If you or a loved one is in a situation where you aren't promoted, were not hired or are fired for reasons not based on your work quality or productivity, you should consult with an experienced Orange County Employment Law Attorney right away.

Continue reading " California Genetic Discrimination Law Aids Victims in Santa Ana, Statewide " »