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Finley Employment Law
- Feb 27, 2019
- 2 min
What Is Sexual Favoritism Under California Law?
Your supervisor is having an affair with your co-worker, and everyone knows it. Your supervisor has never subjected you to coercive behavior or unwanted sexual advances. Nonetheless, you may have a viable sexual harassment claim on the basis of "sexual favoritism" under California law. "Sexual favoritism" occurs when a supervisor has an office romance with one or more of his subordinates and shows favoritism towards them, thus creating a hostile work environment for those emp
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Finley Employment Law
- Jan 23, 2019
- 1 min
In the News: Sexual Misconduct Charges Against Justice Jeffrey Johnson
According to the Los Angeles Times, a state judicial watchdog commission has charged California Court of Appeal Justice Jeffrey Johnson with nine counts of misconduct, including sexual harassment. Justice Johnson allegedly squeezed a female justice's breast and "told a female [California Highway Patrol] officer that he wanted take off her clothes and have sex with her." Read the full article entitled "California Court of Appeal justice faces sexual misconduct charges," here.
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Finley Employment Law
- Dec 24, 2018
- 3 min
When the Harasser Is a Customer, Client, or Trespasser
Under California law, it is unlawful for an employee to sexually harass another employee. A less known fact is that under California law, it is also unlawful for a non-employee (such as a client, customer, or trespasser) to sexually harass an employee. And in certain circumstances, when a non-employee sexually harasses an employee, the employer will be held responsible for the non-employee’s sexual harassment. Specifically, California Government Code section 12940(j)(1) provi
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Finley Employment Law
- Dec 17, 2018
- 2 min
In the News: Employers' Responses to Sexual Harassment
Earlier this month, the University of Massachusetts - Amherst's Center for Employment Equity released a study entitled Employers' Responses to Sexual Harassment. Among other things, the study finds as follows: 1. Approximately 5 million employees are sexually harassed at work every year, and the "overwhelming majority," i.e., 99.8%, of those employees never file formal charges. In fact, it is estimated that fewer than 1,500 employees go to court every year. (Employers' Respon
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Finley Employment Law
- Oct 5, 2018
- 1 min
In the News: Sexual Harassment Affects Your Health
According to NPR, a recent study finds that a "history of workplace sexual harassment" is "associated with poor sleep and with an increased risk of developing high blood pressure." Read the full article entitled "Sexual Assault and Harassment May Have Lasting Health Repercussions for Women" here. If you believe that you have been subjected to sexual harassment at work, call ((916) 612-0326) or email (contact@finleyemplaw.com) Finley Employment Law today. We serve clients thro
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Finley Employment Law
- Oct 3, 2018
- 3 min
7 Things to Know About Hostile Work Environment Sexual Harassment
Generally speaking, under California law, sexual harassment comes in two forms: “quid pro quo” sexual harassment and hostile work environment sexual harassment. In Latin, “quid pro quo” means “something for something.” As the name suggests, “quid pro quo” sexual harassment occurs when a manager or supervisor offers “something” (e.g., a work-related benefit such as a promotion or raise) in return for “something” (e.g., your submission to sexual conduct). Put another way, your
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Finley Employment Law
- Sep 26, 2018
- 1 min
In the News: Prison Captain in Susanville Charged with Groping
According to The Sacramento Bee, Christopher James Lewis, a captain at High Desert State Prison in Susanville, California, has been charged with groping a woman. The Sacramento Bee also notes that the California Department of Corrections and Rehabilitation has "paid out more than $15 million to settle sexual harassment and abuse complaints the past three fiscal years, more than any other state department." Read the full article entitled "CA prison captain charged with groping
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Finley Employment Law
- Sep 18, 2018
- 1 min
In the News: Sexual Harassment and Female Fast-Food Employees
USA Today reports that according to the Washington D.C. firm Hart Research Associates, "[f]orty percent of female fast-food workers have been sexually harassed on the job" and "[m]ost affected are African-American and Latina women." Read the full article entitled "Amid McDonald's strike, fast-food workers often vulnerable to sexual harassment" here. If you believe that you have been subjected to sexual harassment at work, call ((916) 612-0326) or email (contact@finleyemplaw.c
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Finley Employment Law
- Sep 2, 2018
- 1 min
In the News: California Lawmakers Respond to #MeToo Movement
According to The Sacramento Bee, the legislative proposals that have "emerged in response to the #MeToo movement" are "expansive and ambitious." "[M]ore than a dozen proposals now await[ ] a signature or veto from Gov. Jerry Brown." Read the full article, entitled "After women said #MeToo, here's how California lawmakers confronted sexual harassment," here. Click here to read about bill SB 280, which, if enacted into law, will prohibit employers in California from requiring e
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Finley Employment Law
- Aug 30, 2018
- 1 min
In the News: Women and the USDA's Forest Service
According to Outside Magazine, women who work at the U.S. Department of Agriculture's Forest Service "face not just aggressive come-ons and groping, but also an employment structure that remains intricately rigged against them and a complaint process designed to turn them away." Read the full article, entitled "The Forest Service Is Silencing Women," here. If you believe that you have been subjected to sexual harassment or gender discrimination at work, call ((916) 612-0326)
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Finley Employment Law
- Aug 25, 2018
- 1 min
In the News: Bill Prohibiting NDAs Sent to Governor for Signature
According to The San Francisco Chronicle, the bill SB 280 was sent to Governor Jerry Brown for signature yesterday. SB 280 would prohibit employers in California from requiring employees to sign non-disclosure agreements as part of a settlement relating to sexual assault, harassment, or discrimination. Read the full article, entitled "Bill to ban secret settlements in sexual harassment cases sent to governor," here. Click here to read about the 2017 Tax Cuts & Jobs Act, which
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Finley Employment Law
- Aug 24, 2018
- 3 min
Is Your Employer Providing Sexual Harassment Prevention Training?
In California, employers with 50 or more full-time, part-time, or temporary employees or independent contractors must provide sexual harassment prevention training regularly to their supervisors. The objectives of this training are: (a) to assist employers in changing or modifying workplace behaviors that create or contribute to sexual harassment; (b) to provide supervisors with information relating to the negative effects of abusive conduct (as defined below); and (c) to dev
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Finley Employment Law
- Aug 23, 2018
- 1 min
Taking the "Sexual Desire" Out of Sexual Harassment
California's Fair Employment and Housing Act (the "FEHA") prohibits sexual harassment in the workplace. Notably, the California legislature amended the FEHA in 2014 so that it now states as follows: "Sexually harassing conduct need not be motivated by sexual desire." (Cal. Gov. Code Section 12940(j)(4)(C).) In other words, as a result of this amendment, a sexual harassment victim does not need to prove that the alleged harassment was motivated by sexual desire. This amendment
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Finley Employment Law
- Aug 20, 2018
- 1 min
In the News: UC Berkeley Suspends Professor for Sexual Harassment
According to The San Francisco Chronicle, in an article today entitled "UC Berkeley suspends professor after 'pattern of sexual harassment,'" Professor Nezar AlSayyad, a renowned architecture professor, has been suspended without pay "for sexually harassing a graduate student and abusing his power for personal gain." Among other things, AlSayyad allegedly placed his hand on the graduate student's upper thigh, "propos[ed] they become 'close friends' and suggest[ed] they go to
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Finley Employment Law
- Aug 13, 2018
- 1 min
In the News: "The startup community has a problem."
According to a recent Forbes magazine article entitled "Sexual Harassment and the 'Win at All Costs' Mentality of the Silicon Valley:" "Silicon Valley and, in truth, much of the startup world - particularly the tech sector - have been dealing with their dirty little secrets of harassment and discrimination for years." The article explains that "[m]any young companies thrust like-minded and similar looking executives into positions of power and money and they become blinded by
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Finley Employment Law
- Aug 6, 2018
- 1 min
In the News: Tax Deductions and Confidentiality Provisions
According to The National Law Review, Congress recently passed the 2017 Tax Cuts & Jobs Act, which prohibits employers from taking tax deductions for any settlement payments relating to sexual harassment or sexual abuse if the settlement payments are subject to a confidentiality or nondisclosure provision. Such payments, however, are tax deductible if there is no confidentiality or nondisclosure provision in place. Read the full article entitled "No Tax Deduction for Sexual H
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Finley Employment Law
- Aug 5, 2018
- 1 min
In the News: Panic Buttons for Housekeepers
According to The Guardian, voters in two Southern California cities - Long Beach and Ranchos Palos Verdes - may be asked this November whether hotels should provide panic buttons to housekeepers. The measure is an attempt to protect housekeepers from sexual assault and harassment at work by guests, co-workers, and supervisors. Read the full article entitled "Hotel housekeepers call for panic buttons amid sexual harassment" here. Click here to read about the legislative propos
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