Famed actor John Travolta has been accused of sexual harassment by a massage therapist, according to recently filed court documents. The man has accused the actor of creating a hostile work environment as a result of his offensive actions, which the masseur says included Travolta touching his own genitals after he had removed his clothing for the massage.
]]> The man is suing Travolta in federal court for assault and sexual battery after the actor allegedly attempted to have sex with the masseur after a massage treatment.Travolta also reportedly requested that the massage therapist participate in a three-way sexual encounter with himself and a Hollywood starlet who was in the same building.
According to the court filings, the massage therapist immediately asked to be returned to the location where he had been picked up. Travolta then paid him $800 for the service, which is double what the man generally charges, ostensibly as hush money to prevent him from speaking out about the incident.
Travolta's media team has vehemently denied the claims, asserting that none of the actions ever occurred. They say that the alleged victim has refused to give his name because he knows the accusations are patently false. According to the defendant's attorneys, Travolta was in another state on the date of the supposed event, and he has documentation to prove his whereabouts.
Travolta's lawyers also say they intend to pursue a malicious prosecution charge if they succeed in having the suit thrown out. The plaintiff is seeking a settlement of more than $2 million, along with court costs and other unspecified compensatory funds.
Source: The Oakland Tribune, "Hicks: John Travolta sued for sexual harassment," Tony Hicks, Contra Costa Times, May 7, 2012
]]>The 33-year-old man alleges that the Sheriff's Department effectively enabled the harassment because administrators failed to act on his complaints.
]]> The man's lawsuit claims that the brunt of the harassment started in 2009, when he suffered a variety of indignities at the hands of his coworkers. He came to work one day to find the word "homo" painted on his locker in nail polish, he says, and his personal property was routinely vandalized.In addition, the man has alleged that he was denied training and career advancement because of his sexual orientation. In 2010, the man inquired about joining the department's patrol unit but he was harangued until he dropped the request. The man's management team had supposedly laughed at him when he asked for additional training, making lewd comments about gay marriage and insinuating that he should apply to be a flight attendant.
Not only was the man harassed within his own department, he also had run-ins with the California Highway Patrol because of his sexual orientation. CHP troopers are accused of ridiculing the man's attire and posture. The man says that he submitted a complaint to his supervisors but nothing was ever done to fix the problem.
The man says that he is mostly disappointed with the Sheriff's Department staff, which allowed the problems to continue. State police officers are more advanced in their sexual harassment policies, he says.
The man is suing for $5 million in lost wages and emotional distress resulting from the incidents.
Source: The Oakland Tribune, "Vandalism and insults: Merced County ex-deputy says he was harassed for being gay," Mike North, May 2, 2012
]]>The woman was presented with a prestigious honor bestowed by the National Press Club in Washington, D.C., for blowing the whistle on inappropriate lending practices at Countrywide Lending. Countrywide was taken over by Bank of America in 2008. That organization is said to have employed predatory lending practices throughout the United States, including areas throughout California.
]]> She said she is disappointed that no executive leaders have been implicated in the lending crisis, which shows a continued decline in the overall health of the American legal and financial systems.The woman had pressed for an investigation into suspected forged documents, which she claimed over-estimated loan applicants' income streams and included falsified signatures. Bank of America fired her after she submitted the complaints.
The federal Department of Labor's Occupational Safety and Health Administration has mandated that Bank of America reinstate the woman and pay her $1 million in owed wages, but the bank is appealing the decision and the woman has not yet returned to work there. Instead, she is employed by a credit union in southern California, where she leads security, investigations and procurements activities.
The woman said she was naïve in thinking that Bank of America would appreciate the information related to the forged documents. Instead of thanking her for her ethical persistence, the company fired her and has continuously attempted to block her reinstatement. Two of the woman's coworkers, who were also fired by Bank of America and chose to fight back, attended the ceremony earlier this week. Those cases have been successfully resolved in favor of the former employees.
Previous recipients of the award include army officers who have exposed injustices during the Afghanistan conflict as well as an FBI agent who wrote a tell-all book revealing civil rights infractions by the agency during the 1960s.
Source: Reuters, "Countrywide whistleblower sees no change in financial sector," Emily Flitter, April 26, 2012
]]>Employers are permitted to ban political speech altogether or allow any kind of political banter. In addition, they are allowed to squelch particular viewpoints, allowing Democrats to voice their opinions while Republicans are expected to keep quiet, for example. Employers can also fire employees who hold a different opinion or stance, depending upon the requirements of the workplace.
]]> Employees in the private sector need to realize that if they are at-will workers, they can be fired for anything they do or say, even if it's outside the workplace. For this reason, all employees are encouraged to understand their company's stance on political speech in all environments.Although political discussions among adults tend to remain civil in the workplace, they can quickly devolve into offensive or pervasive problems. The arguments could potentially violate workers' protections against discrimination based on age, gender, race and other personal variables. Racist or sexist references to candidates, though politically based, can lead to an ongoing hostile environment for people who are forced to listen.
Political speech could even lead directly to a discrimination lawsuit, say professionals, because of the charged nature of many debates. Employers need to be aware that these suits could hold supervisors liable, even if they were not engaged in the political discussions. Employers have a responsibility to make sure that their workers are psychologically and physically comfortable during their time spent at work.
Source: Lansing State Journal, "Political talk best kept away from work," Dianne Stafford, April 15, 2012
]]>The woman served in the position from December 2009 to the same time in 2010. During that time, she said that the mayor unloaded a barrage of sexual innuendos and requests for sexual favors. These are classic factors in a hostile work environment that no employee should have to deal with.
]]> She also launched accusations of gender discrimination, retaliation and causing emotional distress. The retaliatory behavior, according to the woman, was on behalf of a councilman, who tried to get her to write off a parking ticket he received. From the sounds of it, the woman simply had no other choice but to remove herself from a job that she otherwise might have really enjoyed.Instead of dragging out the case, the woman decided to settle. Per the terms of the settlement, the woman will receive $300,000 in damages. That sum also included severance pay in the amount of $160,000 as was stated in her contract.
The woman's complaints were not apparently the first. When her complaints emerged, the city's insurance agency -- the California Joint Power Insurance Authority-- ordered the city be put on an improvement plan. The insurance provider noticed an uptick in liability and workers' compensation claims. The JPIA warned that if the city did not take measures to curb these, they might no longer provide insurance for it.
In August of last year, the JPIA laid out a number of perimeters the city needed to meet. One of the measures was reporting all harassment, discrimination and retaliation claims made to the JPIA.
The councilman accused of retaliation said the woman was incompetent, which is why her tenure was riddled with internal investigations and negative reviews by fellow staff members.
Source: Whittier Daily News, "La Puente settles case with former city manager for $300,000," Juliette Funes, April 10, 2012
]]>While an employee's side of retaliation has been well documented through the countless lawsuits filed throughout the nation, some wonder what actually drives a manager, CEO or business owner to utilize these tactics. According to a news story, managers do not necessarily always institute retaliatory actions to cover up the misconduct. Many are so pre-occupied with the demands of the modern office that they overlook the complaint or become defensive and therefore punish the person who lodged the complaint.
]]> The article writer explored the mindset of a boss or manager when a complaint has been filed. Many managers have little support staff, which leaves their schedules very busy. They do not necessarily have time to address a complaint, even though they need to. Often, they react with a fight or flight response and lash out at the party who filed the complaint.Some managers might perceive the person that filed the complaint as a troublemaker and by giving credibility to his or her claims, it would only encourage other troublemakers to do the same. Other managers might simply fear for their own jobs if illegal or unethical behavior took place on their watch. The writer also stated that some managers might fear that they will come off as a poor leader if misconduct took place on their watch.
Regardless of why business leaders use retaliation, it is still completely illegal. Business leaders must work to understand that when it comes to complaints of harassment or other misconduct, they must think of the safety and work conditions of everyone involved rather than themselves.
Source: Workforce.com, "Conquering fear and workplace retaliation," Stephen Paskoff, April 2, 2012
]]>Everyone, both men and women, are susceptible to sexual harassment. It can also happen anywhere from school to the workplace. When it happens at the workplace, it creates a hostile work environment that a professional is forced to suffer through.
]]> While it might seem like a very elementary notion, identifying the exact definition of sexual harassment is important. To many people, sexual harassment is a very vague term and they might overlook sexual harassment that is happening right in front of them. Sexual harassment is classified as any sort of behavior that makes one feel uncomfortable about their sex or sexuality.Sexual harassment is significantly different from sexual assault. A sexual assault could be considered the physical act of raping another while sexual harassment can include unwanted touching, but also verbal remarks.
Experts have noticed one type of sexual harassment found often in the workplace -- we know it as quid pro quo sexual harassment. This is when two people trade sexual favors for a promotion or other advantage tied to their employment.
Sexual harassment can leave a lasting effect on the victim causing anything from paranoia and depression to fear. This is why it is so important that victims report such behavior. Even if a person opts not to bring the complaint to a superior or someone of power, they should at least indicate it in their own records. That way, they create what is called a paper trail, which chronicles the behavior.
Men and women should also speak up. If someone says something that causes discomfort, that person should let him or her know right away to put an end to the behavior.
Source: Northern Star, "Some victims may not report sexual assault, harassment," Hailey Kurth, April 1, 2012
]]>One thing that can compromise the credibility of such employee reports is a fraudulent complaint. Believe it or not, there are men and women that look to take advantage of strict laws for workplace conduct and will misuse the system for personal gain. This is why complaints should be addressed and thoroughly investigated before a judgment is made. No employee or employer should automatically be considered at fault.
]]> Just as employees should take proper actions to combat ill behavior, employers should make sure they are covered in the event of false reports. Generally, the human resource department at the company will conduct investigations into complaints of workplace harassment. But in order to provide the courts with a transparent, non-bias take on the matter, some law experts advise employers to enlist the help of a private investigator to look into the case.The third party investigator will collect evidence and interview those involved just as the human resources department would. Meanwhile, law experts advise that a new supervisor be assigned to the employee that raised the complaint. If it is determined that an employee lodged a fraudulent complaint, they can be dealt with according to company policy. Usually, termination is acceptable in serious cases like this.
This played out in a 2012 case in California where a Los Angeles police officer claimed that his male superior sexually harassed him by commenting on his appearance and asking him out on a date. Internal affairs looked into the claim and determined the man was lying and was fired as a result.
It is important that employees only make legitimate complaints, otherwise it could affect the future credibility of workers forced to bear a hostile work environment.
Source: Anchorage Daily News, "Use third-party investigator for suspected false claim," Lynne Curry, March 18, 2012
]]>The Jet Propulsion Laboratory contends that it did not punish the man for his religious ideas, rather, for creating a hostile environment while expressing his views with co-workers.
]]> The suit details that the man brought DVDs into work and distributed them to his co-workers. These DVDs contained documentaries that provided biological and cosmological explanations for the theory of intelligent design. This theory states that the universe is so complex that an intelligent entity had to play a part in its creation. Intelligent design also argues that the theory of evolution is insufficient.The ousted man said in court that he never forced his co-workers to accept his views on intelligent design.
The man's supervisor confronted him on March 2009, telling him that he received complaints from co-workers. The co-workers had told the advisor that the man was harassing them with debates over the religious issue and forcing them to watch the DVDs. The supervisor allegedly warned the man that if he did not stop talking with colleagues about politics or religion, he would be fired.
The plaintiff said that this meeting was filled with hostility and the supervisor told him intelligent design was considered religion. The man argued that the meeting was a form of harassment.
A spokeswoman for the Jet Propulsion Lab claimed that the lawsuit carried no merit and that it planned to fight the claims in court. JPL also said the man was among 246 employees that were laid off due to downsizing efforts.
Source: CNN.com, "Terminated employee claims bias against intelligent design," Stan Wilson, March 13, 2012
]]>Amtrak is the company at the center of the lawsuit -- more particularly, the Amtrak station located in Oakland. That is where the two female and nine male African-American employees worked when they claimed they were subjected to racial discrimination. All of them worked in more menial positions, including janitorial work and cleaning out the trains.
]]> Through their lawsuit, they claimed that they were consistently passed up for promotions based on their ethnicity. They also accused managers at the station of divvying out extra work for them to do based on their race, in addition to disciplining them in a stricter fashion. Two of the employees had reportedly been fired.According to their lawyer, this discrimination was seen in the fact that they were almost all scheduled to work the late-night shifts as opposed to more traditional hours.
An African-American man who has worked with Amtrak for 23 years is considered the lead plaintiff in the case, and filed a complaint in court about how his fellow African-American employees were unfairly treated. The man said he was often passed up for promotions based on his race. He framed the argument by pointing to the fact that non-black employees with less qualification were promoted in front of him.
He started out by working day shifts, but then requested to be moved to the late-night shifts because he was being so overloaded with work that white employees were not asked to do.
When some of the employees complained about the treatment via an employee hotline, their complaints were ignored.
Officials for Amtrak did not offer a comment on the matter because company policy states they cannot speak about pending legal matters.
Source: Oakland Tribune, "Amtrak workers file race discrimination suit against passenger train giant," Angela Woodall, March 8, 2012
]]>One such case involves actress Nicollette Sheridan, who formerly appeared on the hit television show "Desperate Housewives." Sheridan is in the spotlight as she works through litigation that accuses the show's producers of wrongfully firing her for complaining about a mild assault she received at the hands of the show's creator.
]]> One day during rehearsal in 2008, the actress argued that the shows creator slapped her on the head. She complained about the incident, and that is when she said clear signs of retaliation occurred.After appearing on five seasons of the show, which airs on ABC, Sheridan's character was not included in the show for a matter of months once she complained about the incident. Her character was eventually written off the show for good.
Sheridan argued it was a retaliatory effort, because in 2007 the show's producers told her that her character would be included on the show until it ended, which it is slated to do later this year. However, a lawyer for the show's creator said that producers were planning on writing the character off the show even before the alleged slapping incident happened.
The actress filed the lawsuit for wrongful termination and also battery in April 2010. The show's creator and Touchstone Television Productions were identified as defendants in the suit. In the recent trial, Sheridan recalled the incident where the show's creator knocked her upside the head, while his lawyers retain it was a simple tap. The actress explained how she returned to her trailer after the incident, and the show's creator joined her later to acknowledge and apologize for the incident.
Many of Sheridan's cast mates, who are still on the show, are expected to testify in the ongoing trial.
Source: Bangkok Post, "'Desperate Housewives' star claims unfair dismissal," March 3, 2012
]]>More and more male police officers, both current and former, are coming forward with allegations of sexual harassment against the city's female police chief. The accusations are so severe that they could even garner criminal sexual conduct charges.
]]> Their claims depict numerous incidents of inappropriate touching. Many of the officers who are no longer with the force claim that they were let go in a retaliatory effort.A number of officers recalled an incident on the Sunday night of the Super Bowl where the female police chief instructed everyone to attend what she labeled a mandatory meeting at the Carmel Valley Lodge. She also instructed her inferiors to sit in a hot tub together where she showed her bare breasts and inappropriately touched a male officer's genitals. When that man promptly left the hot tub, she touched another male officer in a similar fashion.
Despite the number of commanders, lieutenants and sergeants to witness this display, none of them reported it as a crime and no one alerted city officials to the harassment.
An additional officer told an investigator that the woman also touched his penis while they were riding in the same squad car together on the job.
Under a California penal code, any intimate touching against a person's will for sexual gratification, arousal or abuse is considered misdemeanor sexual battery. However, when the perpetrator is a public official, punishment for the crime is more severe. The offense could carry either jail or prison time in addition to registering as a sex offender.
Source: Cal Coast News, "Police chief accused of sexually assaulting her officers," Karen Velie and Daniel Blackburn, Jan. 26, 2012
]]>However, when it comes time to decide whether or not to file a wrongful termination claim upon being let go, an employee has to take a few things into consideration. Not everyone who is dismissed from a job stands on the legal grounds for a lawsuit. In fact, a company can legally dismiss an employee when that company deems the employee's services are no longer needed.
]]> It's a whole different ballgame if an employer fires an employee based solely on the fact that they took time off for maternity leave. This is a direct violation of the Human Rights Code, which outlaws discrimination of any kind. In this case, it would be discrimination against women.Unfortunately, this can be tough to prove. Most employers are not going to issue a dismissal letter that communicate to an employee that they are being fired for taking maternity leave. Employers can always deny these charges. Courts generally look for hard evidence and credible witnesses, which can both be hard to come by in these cases.
The best way to prove a firing was the result of taking maternity is by sending a documented correspondence to management to further clarify why the dismissal is taking place. The employer's response could help build evidence.
If an employee was fired during the time she took maternity leave, it is probably not a coincidence. However, if that employee committed other acts that harmed the company during this time frame, it is tougher to pin blame to an employer.
Source: The Meaford Independent, "Small talk: Fired while on maternity leave," Jordan Farkas, Feb. 17, 2012
]]>The woman filed a $1.5 million claim in Alameda County, California, accusing the chief probation officer, who has been placed on paid leave, of sexual harassment, sexual assault and false imprisonment. She is seeking monetary damages for mental distress and anguish.
]]> A criminal investigation into the allegations has been turned over to the state attorney general's office. The Alameda County prosecutor's office handed the case off to the state because of its ties to the chief probation officer, who denies the charges and says he will cooperate fully.According to the lawsuit, the man forced himself on the woman on more than one occasion, touching her genitals and forcing her to touch his. On one occasion he had the woman pick him up and take him to a speaking engagement. On the way he started kissing her. The woman continued to pick him up and meet with him because she feared for her job, but on multiple occasions he would try to get her to have sex with him.
If the charges are true it'll be a black eye for the county, because the probation officer made frequent public speaking appearances, speaking on his troubled past and the changes that area youths need to make to improve their lives.
Source: San Francisco Chronicle, "Alameda probation chief accused of sexual abuse," Demian Bulwa, Feb. 15, 2012
]]>The officer was born with a deformity of the right hand where the hand lacked fingers and a thumb. Due to his disability, he often kept his hand in his pocket because he was self-conscious about the matter.
]]> The officer claimed that in 2006, one of his coworkers posted on a blog that he is offering other workers $100 if they get a photograph of the officer's hand. Other officers called the man "one arm bandit" and "rat claw boy" on the website as well. His coworkers also considered the officer a "rat" because he reported their unfair treatment of inmates.The county claimed the postings were anonymous and that they did not approve the blog, but the court pointed out that the blog was being accessed using workplace computers. The county also claimed the harassment was not severe enough to meet requirements. The court disagreed; saying the county complete ignored other conduct, such as "the incidents where employees put their right hands in their pockets, the scrawling of 'the claw' on plaintiff's (work) cart and elsewhere, the occasions when plaintiff was ignored, and the like."
The officer was awarded more than $280,000 to cover medical expenses, mental distress and lost earnings.
Source: Business Insurance, "Employer liable for employee's disability harassment by co-workers: Court," Roberto Ceniceros, Feb. 10, 2012
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