Sexual harassment may consist of an employer or supervisor making sexual advances toward an employee in exchange for some benefit. Additionally, sexual harassment may also consist of intimidation, ridicule, taunting, groping, and grabbing of an employee by a supervisor or co-worker resulting in a hostile work environment. An employer is liable for the sexual harassment committed by a co-worker if the supervisor knew or should have known of the harassment and failed to take immediate corrective action. However, an employer is considered to be strictly liable, or liable without finding fault, if the harassment is committed by a supervisor.
Furthermore, sexual characteristics such as pregnancy and child care responsibilities are protected from use in employment decisions. Building a successful discrimination case in this area typically relies on showing that comments made by a discriminating manager are biased or that the manager treated employees differently in pay and assignments.
The attorneys at Hoyer & Hicks have years of experience dealing with these types of cases. Contact us today for your free consultation.
Nguyen v. BTR Capital Management
San Francisco Superior Court No. 03-421699
We represented victims of sex discrimination. The case settled after the discovery of incriminating emails from her supervisor.
Smith v. CU Funding Group
Alameda County Superior Court Case No. RG 04176367
We represented the victim of pregnancy discrimination. The case settled after the discovery of incriminating emails from her supervisor.
Harden v. Alameda County Medical Center
Alameda County Case No. RG10504139
We represented a nurse who was harassed on the basis of her perceived sexual orientation. The employer eventually terminated the harasser, the case settled before trial, and plaintiff continued to work for the hospital.