A Fairmeadow parent and PTA leader involved with the program noted that this new approach worked better than older models of having children “talk out” their differences, which was problematic because of an imbalance of power between the bully and the victim.  The program defined bullying as repeatedly hurting, frightening, threatening or leaving someone out on purpose and always involves a power imbalance.

This element of “power imbalance” is also present in bullying in the workplace.  Whether it is by a supervisor or superior, the bully generally holds a position of power over the bullied and uses this power imbalance to intimidate, harass, frighten or hurt that individual.  Unfortunately, addressing bullying and adopting anti-bullying programs in the workplace is less common than in schools.  If you are being bullied you should consult an attorney to discuss both legal and practical options for bringing an end to bulling in the workplace.

California employers with 50 or more employees are required by law to provide two hours of sexual harassment prevention training to all supervisors within six months of hire or promotion, and every two years thereafter.

Broderick Saleen offers in-person sexual harassment seminars that meet the AB 1825 legal requirements for California harassment training which include mock trial presentations where employees learn about sexual harassment law and then put their knowledge to the test as they pretend to be members of a jury.  Broderick Saleen also offers seminars geared for non-supervisory employees and seminars on respecting workplace boundaries.  All our seminars provide interactive learning.

Broderick Saleen is available to present sexual harassment and discrimination seminars that are tailor-made to suit your particular business needs.  We also come to your workplace, making attendance easy for your employees.

Because attorneys Broderick and Saleen have extensive experience litigating sexual harassment and retaliation claims, our firm offers a unique perspective for employers looking to prevent sexual harassment and to avoid the costs associated with employee litigation.

If you are interested in booking a seminar, please contact us at (650) 857-9000.

The Wall Street Journal reports that the EEOC case alleged that Carrols had subjected female employees working at its locations to sexual harassment tin violation of Title VII of the Civil Rights Act of 1964, and attempted to establish a class action based on a claim of “pattern or practice” across its restaurants in 13 states.

In 2005, the Court dismissed the class or “pattern of practice” claims that the EEOCC had brought on behalf of 90,000 female employees.

Further litigation continued over the remaining claims, and Carrols has now entered into an agreement with the EEOC which fully resolves and settles all remaining claims.  Under the agreement, Carrols will make cash payments to the 89 remaining claimants in the lawsuit totaling $2.5 million, with allocations among the claimants being determined by the EEOC.   Carrols also agreed to make certain enhancements to existing anti-harassment policies and procedures and training programs and to report on the result of its efforts to the EEOC over a 2 year period.   The agreement with the EEOC is subject to court approval.

Rabois is a well known senior executive and startup investor. According to reports, Rabois said that he had been contacted by a New York attorney for his accuser, an unidentified male whom Rabois claims he had a consensual relationship with.

Rabois wrote: “I was told that only payment of millions of dollars will make this go away, and my career, my reputation, and my livelihood will be threatened if Square and I don’t pay up.” Raboid denied the allegation, stating “The relationship was welcome…while I have certainly made mistakes, this feels like a shakedown, and I will defend myself to the full extent of the law”.

Keith Rabois was a student at Stanford Law School, and in 1992, to challenge Stanford’s rules on political incorrectness, Rabois (who is gay) made remarks criticized by many as homophobic. While Stanford did not officially discipline Rabois, he left Stanford after the incident to complete his law degree at Harvard University.

Prior to his work at Square, Rabois worked at such Silicon Valley giants as PayPal, Linked In, and Slide (which was since purchased by Google).

In California, it is unlawful for your employer to terminate you for a reason that is against public policy. Examples of reasons for termination that are against public policy is if your employer terminated you because of a protected characteristic, such as because of your sex, race, disability, religion, sexual orientation, or age.

Wrongful termination against public policy also includes cases where someone is terminated because they have made a sexual harassment complaint or a discrimination complaint. Other examples of wrongful termination against public policy include terminations based on an employees failure to comply with an illegal request by the employer, or for whistle-blowing.

Wrongful Termination – Breach of Employment Contract

Another type of wrongful termination is a termination that constitutes a breach of an employee’s employment contract. However, it is important to note that most employees in California are “at-will” employees. For at-will employees, the employment relationship can be ended the employer or the employer for any lawful reason, or for no reason at all. An employment relationship is not “at will” if the parties, by their words or conduct, agreed that the employee would be discharged only for good cause.
If you have an employment contract bringing you outside of “at will” employment, then you may have a case of wrongful termination if you were fired in breach of the employment agreement.

Sexual harassment is often about power, and so the power differential that exists between teens in low-paying jobs and their older supervisors makes them particularly susceptible to harassment and abuse.

Teens may be especially reluctant to stand up for themselves and make sexual harassment complaints. However, researchers from the study advise that teens who are victims of harassment report the situation rather than trying to cope with it internally.

Click through the links below to our articles and videos detailing some of the common mistakes that sexual harassment victims make and explaining how to avoid these pitfalls.

1.  Not Telling the Harasser to Stop
2. Not Documenting the Harassment
3. Not Reporting the Harassment Early
4. Failing to Follow-Up After Complaining to the Employer
5. Not Getting Mental Healthcare Early
6. Not Knowing What Constitutes Actionable Sexual Harassment or Discrimination
7. Not Understanding Retaliation
8. Taking Management’s or the Human Resource Department’s Word for a Determination That the Victim Does Not Have a Case of Harassment or Discrimination
9. Failing to File an Administrative Complaint in Time
10. Not Checking for an Arbitration Agreement
11. Not Getting an Attorney Involved Early in the Process

Some gun companies claim that marketing guns to women is all about the empowering of women through self-defense products.  However, when such marketing is sexualized or satirizes women’s issues, it does quite the opposite by perpetuating negative stereotypes and patriarchal views.

The Wall Street Journal article goes on to note that while women’s participation in the workforce has increased, gaps between men and women persist in both fields.  According to research by Harvard economists Claudia Goldin and Lawrence Katz, in 2007, the median income of female lawyers was $90,000, compared with $122,000 for male lawyers.  While in medicine, the median income of female physicians was $112,128, compared with $186,916 for males.

Women also made considerable progress in the 2012 elections.  This year congress will have 20 female senators, the most in U.S. History. These congresswomen include Democrats Elizabeth Warren, Massachusetts’s first female senator and Wisconsin’s Tammy Baldwin, the first openly gay senator.

While women have come a long way in the fields of law, medicine and government, and progress has been made, there is still a long way to go to achieve gender equality in the workplace.  Putting a stop to sexual harassment and gender discrimination in the workplace is essential to achieving this goal.

The Wall Street Journal reports that prostitutes in Kabul, Afghanistan have organized into a clandestine self help network to halt the spread of disease, avoid detection by the state and flag abusive customers. 

Male and female prostitutes are subject to particular risk in a conservative society where sex education is virtually nonexistent and where families commonly kill female relatives for “dishonorable” acts such as premarital sex, the Wall Street Journal reports.