When is it Sexual Harassment? | Lawyer Timothy Broderick

Lawyer Timothy Broderick discusses what workplace sexual harassment is.

Retaliation for Filing a Sexual Harassment Claim | Lawyer Timothy Broderick

Lawyer Timothy Broderick discusses retaliation in the workplace for reporting sexual harassment or filing a sexual harassment claim.

Overview of Sexual Harassment-Related Claims – Lawyer Timothy Broderick

Lawyer Timothy Broderick talks about various sexual harassment related claims.  

Employee Classification Controversy

By Timothy Broderick, Attorney at Broderick Saleen Law Firm A current class action suit in San Francisco urges the court to declare that drivers for Uber are employees, as opposed to independent contractors. A controversy has arisen as to whether employees in companies like Uber and its rival Lyft should treat the drivers as employees  Read More …

California Fair Pay Act Will Help Women

By Timothy Broderick, Lawyer at Broderick Saleen Law Firm In 1963, President John K. Kennedy signed the Equal Pay Act, which bars employers from paying employees of one sex wages that are lower than those paid to a different sex doing the same work. In October, 2015, the Governor of California signed the California Fair  Read More …

Are Counselors Bound to Report Sexual Harassment Incidents on Campus under Title IX?

By Timothy Broderick, Lawyer at Broderick Saleen Law Firm Confidential communications with bona fide psychological counselors are protected under the university policy as well as under the ethical rules of confidentiality for psychologists.

Confidentiality for a Potential Title IX Claim is Not Guaranteed

By Timothy Broderick, Attorney at Broderick Saleen Law Firm If a victim of sexual harassment at a university such as Stanford requests confidentiality in making a report of sexual harassment, the university will give “serious consideration” to the request.

Strict Title IX Reporting Requirements

By Timothy Broderick, Lawyer at Broderick Saleen Law Firm Under Title IX, universities such as Stanford are obliged to implement policies that employees, including student staff, must report all Title IX related concerns so that notification ultimately is given to the Title IX coordinator.

Rumors Can Be Both Sexual Harassment and Defamation

Sexual rumors about an employee in the workplace can support causes of action for both sexual harassment and defamation. Defamation requires a false statement that damages the reputation of the subject person. Sexual harassment in the workplace can include the spreading of false rumors about the sexual activity of an employee. In order to qualify  Read More …

When is “consent” not consent?

In sexual harassment cases, the accuser must prove that the alleged harasser made “unwanted” sexual advances or engaged in other unwanted verbal or physical conduct of a sexual nature”. (These words come from the California jury instructions, CACI; see for example CACI Instruction 2520 Quid Pro Quo Sexual Harassment.) In the sexual harassment jury instructions,  Read More …

The EEOC’s New Guidelines for Pregnancy Discrimination: What This Means For You

In a recent opinion piece in the Wall Street Journal, one author made clear his views on the Equal Employment Opportunity Commission’s new guidelines for pregnancy discrimination laws. Suffice to say, the writer of said article found little reason for the new legislation. Instead, he claimed that the new changes were simply another “radical legal  Read More …

New Legislation Sets Workplace Guidelines Regarding Discrimination Against Pregnant Employees

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) revealed new federal legislation regarding discrimination in the workplace against pregnant employees. The broadened regulation newly specifies just how the Americans with Disabilities Act should be applied to pregnant workers, in particular delineating how any type of discrimination or harassment of pregnant employees by their  Read More …

Sexual Harassment and Bullying in the Contra Costa County School District Under Investigation by OCR

In early November, the Department of Education’s Office for Civil Rights (OCR) released an investigation on the West Contra Costa School District that found that the district is home to a pervasive environment of sexual harassment and assault and that the district failed to adequately address such issues, in violation of Title IX of the  Read More …

Saudi Women Drive in Defiance

Who can drive and under what restrictions? Should women be allowed to drive alongside men? While the answers to these questions may be obvious to some, they are what have animated the protests in Saudi Arabia over women’s access to cars and driver’s licenses. Driving has long been associated with freedom and independence. On Saturday,  Read More …

What is Sexual Harassment According to the U.S. Equal Employment Opportunity Commission?

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably  Read More …

Proving Implicit Conditions For Quid Pro Quo Sexual Harassment: Victim Must Only Show that Condition Was Reasonably Inferred

In order to establish a case of quid pro quo sexual harassment, an employee must show that the harasser explicitly or implicitly conditioned a job, a job benefit, or the absence of a job detriment, upon the employee’s acceptance of sexual conduct.” Heyne v. Caruso, 69 F.3d 1475, 1478 (9th Cir.1995). In quid pro quo  Read More …

U.S. Supreme Court Ruling Impacts Women’s Rights

By a five-to-four decision, the U.S. Supreme Court in Coleman v. Court of Appeals of Marylandruled on March 20, 2012 that state workers cannot sue for money damages if their employers deny them medical leave under the Family and Medical Leave Act (“FMLA”). This ruling puts state workers and their families at risk when workers  Read More …

Sexual Harassment Victim Prevails on Gender Violence Cause of Action Under the Ralph Act

In the case of Ventura v. ABM Industries Incorporated (2013) 212 Cal.App.4th 258, the California Court of Appeal held that hate is not a necessary element to prove in determining whether one has violated Civil Code § 51.7, which prohibits threats or violence because of an individual’s gender. The plaintiff in the case, Ms. Ventura,  Read More …

Court of Appeal Upholds Trial Court’s Decision Striking Down Alleged Harasser’s Cross-Complaint Against Sexual Harassment Victim For Defamation and Infliction of Emotional Distress

In the case of Aber v. Comstock (2013) 212 Cal. App. 4th 931, the plaintiff, Lisa Aber, sued her employer, her supervisor, and other co-worker, for sexual harassment, failure to investigate and prevent sexual harassment, sexual battery, and intentional infliction of emotional distress. Aber’s supervisor then filed a cross-complaint against her alleging defamation and intentional  Read More …

What is Gender Discrimination and Disparate Treatment?

Gender discrimination in the workplace occurs when an employer discriminates in hiring or in treatment of employees based on their sex, childbirth, medical conditions related to pregnancy or childbirth, or gender. Disparate treatment is a form of sexual discrimination based on gender stereotypes. The California Fair Employment and Housing Act and the United States Title  Read More …

What is Sufficiently Pervasive Sexual Harassment for a Hostile Work Environment Claim?

A successful hostile work environment sexual harassment claim must show that the harassment is sufficiently severe of pervasive to alter the victim’s environment into one what is hostile and abusive. The hostile work environment sexual harassment may be either severe or pervasive or both. With respect to the pervasiveness of sexual harassment, courts have held  Read More …

Sexual Harassment-Related Claims

Quid Pro Quo Sexual Harassment: When an employer or supervisor makes submission to unwelcome sexual advances a condition for favorable employment terms or to avoid adverse employment actions. Hostile Work Environment: In order to be actionable in court, sexual harassment of the hostile work environment type must be sufficiently severe or sufficiently pervasive. Sufficiently severe  Read More …

11 Mistakes Made By Sexual Harassment Victims page2

Mistake #6: Lawyer Katrina Saleen discusses the sixth common mistake of sexual harassment victims, not knowing what constitutes actionable sexual harassment. Mistake #7: Lawyer Katrina Saleen discusses the seventh common mistake of sexual harassment victims, not realizing that you are protected from retaliation. Mistake #8: Lawyer Katrina Saleen discusses the eighth common mistake of sexual  Read More …

11 Mistakes Made By Sexual Harassment Victims

Mistake #1: Lawyer Timothy Broderick discusses the first common mistake of sexual harassment victims, not telling the sexual harasser to stop their harassing behavior. Mistake #2: Lawyer Timothy Broderick discusses the second common mistake of sexual harassment victims, not documenting the harassment. When the employer or employer’s attorney investigate a sexual harassment case, one of  Read More …

Founder of Bikram Yoga Threatens Bankruptcy In Face of Sexual Harassment Verdict Totaling Over $7 Million

By: Timothy Broderick and Katrina Saleen Bikram Chaudhury, founder of Bikram Yoga, was ordered to pay $924,500 in compensatory damages for sexually harassing and retaliating against the attorney working for his company, and another $6.47 million in punitive damages. The plaintiff, Minakshi Jafa-Bodden, alleged that Chaudhury sexually harassed her when she worked for him and that  Read More …

Stanford Students Criticize University’s Handling of Sexual Assault Complaints

A symposium at Stanford University recently focused on the complaints of the victims of sexual assault on university campuses. Victims claim that Stanford is more concerned about the rights and protection of the assaulting parties than it is for the victims of sexual assault on campus. At the symposium, Congresswoman Jackie Speire discussed her pending  Read More …