Sacramento Sexual Harassment Lawyer Blog

Fire Captain Claims She Was Fired After Sexual Advances Denied

Wed, 09 May 2012 14:36:17 -0800

The following blog entry is written to illustrate an example of a sexual harassment case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

FACTS/CONTENTIONS
According to court records: Defendant QRS Company employed plaintiff Janice Macy as a Fire Captain from March 14, 2008 through August 8, 2008. Plaintiff claimed she was subjected to sexual harassment and a hostile work environment on a daily basis. Prior to working for defendant QRS, plaintiff had been a firefighter for the City Fire Department. While with the City Fire Department, plaintiff was disabled and diagnosed with weakness in her left shoulder, weakness of her knees, and limitation of motion of the cervical and lumbar spine. Plaintiff sought a disability accommodation after being hired.

Plaintiff said defendant Chief Daniel Drake made advances toward her, kissed her on the lips, belittled her, verbally abused her, showed her a sexually suggestive video, talked about women he had sex with on multiple occasions in front of plaintiff, talked about the size of his penis, and engaged in other outrageous conduct in plaintiff's presence.

Plaintiff said she was placed on leave by defendant from July 10, 2008 through August 8, 2008. According to plaintiff, she was wrongfully terminated in August 2008.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Alleges Sexual Harassment and Wrongful Termination Suit

Wed, 02 May 2012 14:34:47 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: Serrie made an unspecified demand for back pay, front pay and past and future emotional distress.

Facts:
On April 7, 2009, plaintiff Alexa Serrie, 30, was terminated from her job as a marketer and translator for DEF Concepts Inc. and GHI Sales in Newport Beach.

In January 2005, Serrie, who lived out of the country, met Cameron Crew, who owned DEF and GHI, on an Internet dating website that caters to men who want to meet foreign women.

On Oct. 27, 2006, Serrie left her homeland and arrived in the United States on an H1-B work visa that Crew had obtained for her. Serrie lived at Crew's house in Coto de Caza for a short time before starting work at Crew's companies and moving into an apartment managed by MNO International Management Corporation, which Crew also owned.

As she worked at DEF and GHI, Serrie and Crew were involved in an on-again-off-again romantic relationship and even got engaged.

In early April 2009, Crew and Serrie went to San Diego and stayed in a hotel together. Reportedly, she refused to have sex with him. The following Monday, Crew allegedly wrote a letter to the U.S. Department of Homeland Security, indicating that Serrie's employment had been terminated and that her H1-B work visa should be cancelled. On Tuesday, he called her into his office and broke off their engagement right before a supervisor fired her. Soon thereafter, Crew notified Serrie that she had to move out of her apartment. Also, her car, which Crew owned, was repossessed.

Serrie sued Crew, DEF, GHI and MNO for wrongful termination, sexual harassment in the workplace and sexual harassment by a property manager. (Either before or during trial, plaintiff's counsel dismissed causes of action for fraud and deceit, violation of Sec. 970 of the California Labor Code, discrimination and retaliation in housing, intentional infliction of emotional distress, and negligent infliction of emotional distress.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Community College Secretary Claims Sexual Harassment And Rape From Dean

Wed, 25 Apr 2012 14:33:33 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: Armian made an unspecified demand for past and future emotional distress and wage loss.

Facts:
From 2007 to 2009, plaintiff Natalie Armian, late 20s/early 30s, a secretary at XYZ College, was allegedly sexually harassed by John Samson, 70s, who was then the interim dean of fine arts.

Armian sued XYZ, Samson and Samson's boss, Fred Amy, the vice president for academic affairs, for sexual harassment under the California Fair Housing and Employment Act.

According to the complaint, Samson hugged Armian for “an uncomfortably long time” when they were first introduced in March 2007, making sure that his body rubbed against her breasts.

On Sept. 14, 2007, Armian was driving Samson to a surprise birthday party at a restaurant, when he allegedly groped her and pushed his head into her groin area, suggesting that they go to a hotel. He also patted her on the head, plaintiff's counsel asserted.

On Sept. 15, Samson raped Armian, she claimed.

According to plaintiff's counsel, in August 2009, Samson presented Armian with two performance evaluations. One was negative; the other was positive. He then started rubbing Armian's legs and asked her to make a decision about her which review she preferred.

Plaintiff's counsel asserted that Armian filed several complaints with XYZ's human resources department, but the department never responded.

Armian also claimed that Amy's unfair treatment of her preceded Samson's hiring. She alleged that Amy forced Samson's predecessor to give her negative performance reviews.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sexual Harassment Lawsuit Brought Against Bus Driving Company After Four Woman Harassed

Wed, 18 Apr 2012 14:29:57 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: The plaintiff sought recovery in the form of back pay, damages for emotional distress and punitive damages, as well as injunctive relief.

Facts:
Plaintiff alleged that four female employees at ABC Inc., school bus transportation services company, were sexually harassed, retaliated against or forced to quit.

Plaintiff sued ABC under Title VII of the Civil Rights Act of 1964, which prohibits gender discrimination in employment, including sexual harassment and retaliation, after first attempting to reach a pre-litigation settlement.

Plaintiff alleged a male supervisor at the company's facility in Los Angeles sexually harassed at least four women, including bus drivers and a human resources assistant. The supervisor began by making constant explicit remarks about the workers' body parts and the sexual acts he wanted to perform on them. According to the plaintiff, the harassment turned physical when the supervisor exposed himself, grabbed the breasts of a bus driver and rubbed his private parts onto her.

Plaintiff contended that a male manager who received the workers' complaints of harassment not only failed to correct the situation, but also disciplined one victim and transferred another in retaliation for complaining. The plaintiff claimed the harasser cut another bus driver's hours upon refusal of his advances and promised extra hours to female employees who might agree.

The plaintiff noted that three of the victims felt forced to resign as a result of the ongoing harassment.

ABC denied the allegations.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

College Coach Claims He Was Wrongly Fired in Racial and Sexual Harassment Case

Mon, 09 Apr 2012 14:31:28 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: Youman sought recovery for lost wages, benefits, medical expenses and mental suffering. He is currently working at a new position coaching the NCAA Division II baseball team at Benedict College in Columbia, S.C.

Facts:
Plaintiff Segero Youman, a 50-year-old black male and a former Sacramento College head baseball coach and adjunct instructor at Sacramento College and California College, claimed that he was initially hired in February 2006 and fired without the required approval of then-President Dr. Sam Murk. After complaining about the misuse of funds to the Board of Trustees of the Sacramento College District in September 2007, Youman was reinstated on Sept. 20, 2007, only to be fired as head baseball coach again two weeks later. His last teaching assignments at Sacramento College and California College were taken away in December 2007.

Youman sued the Sacramento College District for retaliation, after he claimed he was not renewed for reporting to the board and college president fraud and other wrongdoing by school officials (such as that assistant coaches were being paid, but not coaching), as well as retaliation for reporting violations of statute, retaliation for opposing discrimination, failure to prevent retaliation, violation of Labor Code section 1102.5 and racial discrimination.

Youman also sued his boss, Matt Murdok, the athletic director and head basketball coach, for racial discrimination and sexual harassment, and Murdok’s assistant coach Dave Casen for aiding and abetting discrimination.

Youman contended that Murdok gave “no-show” coaching assignments worth thousands of dollars to his associates and arranged for students to be given credit for classes they failed or never attended. He further contended that Murdok used the computer password “hailhitler” and unlike white coaches in other sports, Youman claimed he could not select his paid assistant coaches during the 2007 season and that Murdok hired a relative of his and Casen as no-show assistant coaches for Youman's teams. Youman claimed that one of the no-show assistant coaches did errands for Murdok, while billing the school for his time, and Casen allegedly told another coach that he went to games “to collect a check.”

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Professor Claims Sacramento Sexual Harassment Lawsuit Against Community College

Mon, 02 Apr 2012 14:29:26 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: Herman claimed $210,000 in economic damages and additional damages for her mental and emotional distress.

Facts:
In August 2002, plaintiff Cassandra Herman, a speech professor, was diagnosed with post-traumatic stress disorder (PTSD), after collapsing on the campus of Sacramento Community College, where she was a staff professor for 20 years. Herman claimed the PTSD stemmed from an alleged sexual assault incident involving a dean at the college years before. After being diagnosed, Herman went on a three-year leave of absence, returning on a part-time basis in 2005.

Herman claimed that her superiors at Sacramento attempted to defame her reputation and remove her from the staff due to her extended leave. She applied for a faculty exchange program to a community college in Hawaii, but Sacramento denied her request. Herman also claimed she was denied multiple requests to teach online classes as an accommodation.

Herman sued Sacramento Community College District, alleging disability discrimination, sexual harassment and defamation, as well as a violation of Education Code section 87031.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Account Manager Claims Supervisor Harassed and Forced Her to Leave Job in Sacramento Sexual Harassment Case

Mon, 26 Mar 2012 14:28:06 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to court records: Defendants ABC Healthcare Solutions Inc. hired plaintiff Alice Sarah in December 2007. Defendant reprocessed medical equipment. Plaintiff represented the company in working with hospitals in Northern California.

In February at the Sacramento Airport, following a company function, plaintiff's direct manager, Mary Mark, allegedly propositioned plaintiff and proposed plaintiff split from her spouse. Plaintiff claimed the proposition followed 16 months of unwelcome sexual advances including inappropriate touching, late-night phone calls, and threats to withhold promotions.

According to plaintiff, she reported many instances of harassment by Mark to defendant's Human Resources department. Plaintiff claimed Mark issued her a disciplinary action letter in response to her complaint. Plaintiff said the HR department and employees refused to properly investigate her complaints. In 2009, plaintiff claimed, she was forced to take medical leave because of the harassment.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Medical Center Charged With Negligent Hiring and Supervision in $67 Million Sexual Harassment Case

Mon, 19 Mar 2012 14:15:16 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: On April 7, 2006, plaintiff was a patient at defendant ABC Regional Medical Center. She was sexually assaulted (vaginal penetration) by a male certified nursing assistant (“CNA”). She reported the incident to the LAPD the following day. The subsequent LAPD investigation determined that there were about 10 other victims who stepped forward following a televised plea by the LAPD and plaintiff. Five prior victims testified at trial that they were also sexually assaulted and that they had reported the assaults to hospital personnel. The CNA was arrested and arraigned before jumping bail set at $250,000 in 2006. He is still at large.

Plaintiff alleged that defendants ABC Medical Center and XYZ Healthcare Corporation were negligent in retaining the CNA after past complaints, that defendants ratified the sexual battery committed by the CNA, that defendants ratified the sexual harassment (Civil Code section 51.9) of the CNA, and that defendants acted in conscious disregard of the safety of its patients.

The hospital acknowledged receiving only one report, which it thoroughly investigated. Defendants contended that the one prior report was properly investigated by defendants and the State Department of Health and no wrongdoing was established. Defendants further contended that the CNA's conduct was not ratified. After plaintiff's report to the LAPD, the CNA never worked another hour in the hospital. Defendants additionally contended that plaintiff's symptoms could not be attributed solely to this incident, in which the digital penetration lasted only a matter of seconds. Plaintiff had pre-existing psychological problems and exaggerated her problems.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Secretary Brings Sexual Harassment Against School District, Part 1 of 2

Fri, 09 Mar 2012 08:34:40 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: Patricia Jennings sought damages for past and future pain and suffering, lost earnings and future medical expenses. She claimed she sustained severe emotional distress from the damage to her reputation, and was evaluated by a forensic psychiatrist, who diagnosed her with depression. She also claimed that she has not found a new job after being fired.

Facts:
On Nov. 13, 2009, plaintiffs Patricia Jennings, 30s, a secretary, and Verrias Mollusk, 60s, a principal, were terminated from their respective jobs at ABC School, a private school. Jennings had previously filed a complaint for sexual harassment with the school against Harry Kirkland, a school auditor and administrator. Mollusk, who supported Jennings and protested against Kirkland's conduct and the school's failure to take remedial measures, was terminated and then replaced by Kirkland.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Bring Sacramento Sexual Harassment Lawsuit Against Record Company, Part 3 of 3

Fri, 02 Mar 2012 08:33:09 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

Darroll pleaded no contest to criminal charges for vandalism and trespass on March 26, 2008, in regard to breaking Hirsch's TV and end tables. She paid a $2,000 fine and served probation. The criminal charges were subsequently expunged.

Hirsch contended that he did not fire Darroll because of her gender or because she would not continue to be his girlfriend, and hence, he wasn't liable for wrongful termination. He claimed that she was an insubordinate employee. He further claimed that he hired the private investigator for his own safety after Darroll vandalized his office.

Hirsch denied the rest of Darroll's accusations, claiming that he had nothing to do with the damage inflicted on her and her cousin's cars, and that he was not responsible for the defamatory remark on the Internet.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sexual Harassment Case Results in Multi-Million Dollar Verdict, Part 2 of 3

Fri, 24 Feb 2012 08:19:12 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

Darroll sued Hirsch and his personal assistant, Wendy Linares. She brought causes of action for sexual harassment, wrongful termination, stalking, defamation and intentional infliction of emotional distress against Hirsch; and causes of action for stalking, intentional infliction of emotional distress and conspiracy against Linares.

Darroll contended that after breaking up with Hirsch, he attempted several times to reconcile and took retaliatory actions when Darroll refused. She claimed that Hirsch wrongfully terminated her from her job at the salon, and that his ongoing campaign that ensued served as sexual harassment, stalking, defamation and intentional infliction of emotional distress. She claimed Hirsch continued to send letters about getting back together, which coincided with the incidents and acts taken against her.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Sexual Harassment Lawsuit Brought Against Ex-Boyfriend and Company Owner, Part 1 of 3

Fri, 17 Feb 2012 08:15:53 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: Darroll asked the jury for $135,850.36 in special damages for lost wages, property damage and therapy costs for her emotional distress. She also sought $3 million for her pain and suffering, as well as $2.5 million in punitive damages.

Facts:
In 2002, plaintiff Kerry Darroll, 25, began a romantic relationship with Ben Hirsch, owner of XYZ Records. Hirsch signed Darroll to be a recording artist, and she appeared on the soundtrack for the film “Whoohoo.” In 2004, Darroll began to pursue a career as a hair stylist, and the following year, she began working at a salon in Folsom. In November 2006, Darroll's relationship with Hirsch ended, and she moved out of his home in Sacramento.

Darroll claimed that between November and December 2006, Hirsch began a campaign of harassment, defamation and vandalism against her. She alleged that in an attempt to bring back their relationship, Hirsch purchased the salon where she had been working for more than a year. She claimed that when she agreed to work for Hirsch but refused to return to the relationship, Hirsch fired her on Dec. 18. The following day, Darroll then went to Hirsch's office when he wasn't there and destroyed a television set and some end tables with a baseball bat.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Sexual Harassment Lawsuit Results After Secretary and Co-Worker Are Fired, Part 2 of 2

Thu, 16 Feb 2012 08:36:21 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)
Both Patricia Jennings and Mollusk contended that the defendants defamed them at several meetings after they were terminated, making false accusations about them stealing from the school while still under its employ.

The defendants denied all of the plaintiffs' accusations. They claimed that Mollusk was fired for mismanaging the school, and that Jennings was fired for an incident in which she refused to allow a member of the Board of Directors to enter the school grounds. They claimed that Jennings told him to get the hell out of the school and pretended that she was afraid of him.

The defendants filed cross-complaints against the plaintiffs for conversion and negligence, which, on motions by the plaintiffs, were dismissed by the judge after the defense's case in chief.

Mollusk sought damages for past and future lost earnings, as well as pain and suffering.
Harry Jennings sought damages for a loss of consortium.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Sexual Harassment Lawsuit Ensues From Company’s Misconduct, Part 3 of 3

Tue, 07 Feb 2012 14:09:13 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

In summation, plaintiffs' counsel maintained that the two plaintiffs were entitled to the same protection from sexual harassment as they would receive in any other employment context.

ABC Company denied that it negligently hired, trained or supervised its recruiters. Counsel for the defense argued that the two minors were motivated by their interest in having sex with military men and they weren't raped because the sex was consensual. Counsel referenced Dallas and Rice's videotaped statements to the Mendocino DA and the Sacramento Police Department that identified the sex as consensual to exemplify the assertions. Counsel also noted that the DA elected not to press charges based on that evidence.

Counsel further maintained that the two recruiters didn't require any additional supervision during the sleepover event because they were properly trained ABC Company and their commanding officer would have had no reason to believe that they would have behaved improperly during the event.

Regarding the allegations that Damon had used his position as a recruiter to coerce a student into having sex with him on a previous occasion, counsel asserted that the ABC Company investigated the allegations and found that they weren't credible. Counsel further contended that neither Damon nor anyone else used the No Child Left Behind database to locate Dallas. In fact, counsel argued that Dallas had already contacted another recruiter in Sacramento prior to moving to Folsom. Counsel asserted that Dallas then contacted the Placerville recruiting office which referred her to Damon's Sacramento office. Dallas then asked the Placerville recruiter to have Damon call her.

Counsel also argued that neither of the plaintiffs ended up joining the ABC Company despite their aspirations to do so. Thus counsel asserted a claim for injunctive relief that the two plaintiffs would recruit again if they felt assured that a similar occurrence would be properly prevented from happening in the future if they elected to join the ABC Company.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Recruiters Use Position to Sexually Harass Two Sacramento Teenagers, Part 2 of 3

Tue, 31 Jan 2012 14:08:15 -0800

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

Plaintiffs' counsel claimed that Damon used the No Child Left Behind database to locate female students that he could recruit for the ABC Company. According to counsel, the database allowed for Damon to acquire Dallas's home address and visit the plaintiff in fall 2003. Counsel further alleged that, shortly after he initially visited Dallas, Damon invited her to the ABC Company' Sacramento recruiting office where he supplied her with liquor and had sex with her on February 3, 2004 and March 4, 2004. Counsel then claims that Damon used an unsupervised sleepover event on March 17-18, 2004, to coordinate a third sexual encounter, this time with Dallas bringing her friend, Martha Rice, who had sex with Fallows.

Plaintiffs' counsel contended that the two recruiters used their status as Marine recruiters to persuade and coerce the two high school students into having sex with them. Counsel also maintained that Damon and Fallows provided the girls with alcohol and Vicodin, pulled out mats from the closet and then raped them. According to counsel, Damon went so far as to tell Dallas that the only way that she'd get into the ABC Company was if she allowed him to have sex with her.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.