Sacramento Sexual Harassment Lawyer Blog

(d) Oftentimes when a large-breasted female would enter the club, Mr. Black would call over another male employee directing him to look at the large-breasted patron saying, “Hey, there ya go; did ya see those?” and similar such comments regarding female patrons' breasts.

(e) There is a swinging door entering the bar area. A female employee inquired as to if she could go over the swinging door and Mr. Black responded, “No but you can be under...” sneering and indicating a sexual position.

14. Defendants' Nighthawk Bar created a continual hostile, offensive environment for Ms. Williams. As another example, there was a private evening lingerie party on October 21, 2008, open only to selected VIPs where women from a lingerie store paraded around in see-through lingerie. This party included a menu of sex toys that could be bought by the VIP patrons. The sex toy menu was printed by Nighthawk and inserted into their regular menu so that the sex toys could be considered and purchased.

15. Ms. Williams has been extremely damaged by the treatment she has been subjected to. She has been humiliated, emotionally unsettled and has felt anxiety and depression as a result of being regarded as unsightly by management and denied her usual work post. Further, the sexual harassment by Defendant Black and the sexually-charged environment has caused her to feel a lack of self-esteem, emotional distress and depression.

FIRST CAUSE OF ACTION

(Gender Discrimination in Violation of Gov't Code 12940 et seq. Against Defendant HBZT and DOES 1-50)

16. Plaintiff repeats and realleges the allegations set forth in paragraphs 1 through 15 and incorporates the same by reference as though fully set forth herein.

17. Defendants subjected Plaintiff to gender discrimination by treating her as a sexual stereotype, directing her to lose weight, treating her as a sex object and treating her differently than her male counterparts, as described hereinabove, in violation of the California Fair Employment and Housing Act, California Government Code § 12940, et seq. No males were directed to lose weight or be slim.

Continue reading " Bar Owner Sued For Sexual Harassment of Sacramento Woman, Part 4 of 8. " »

20. On or about October 27, 2008, Plaintiff filed timely charges against Defendants with the California Department of Fair Employment and Housing (“DFEH”). True and correct copies of her charges are referenced herein. Within one year of the filing of this Complaint, the California Department of Fair Employment and Housing issued right to sue notices to Plaintiff authorizing this lawsuit. True and correct copies of the right to sue letters are referenced herein. Plaintiff has therefore exhausted her administrative remedies.

21. As a direct and proximate result of Defendants' willful, knowing and intentional retaliation against her, Plaintiff has suffered and will continue to suffer pain and suffering, and extreme and severe mental anguish and emotional distress. Plaintiff is thereby entitled to general and compensatory damages in amounts to be proven at trial.

22. As a direct and proximate result of Defendants' willful, knowing and intentional retaliation against her, Plaintiff has further suffered and will continue to suffer a loss of earnings and other employment benefits and job opportunities. Plaintiff is thereby entitled to general and compensatory damages in amounts to be proven at trial.

23. As a further, direct and proximate result of Defendants' violation of California Government Code § 12900, et. seq. , as heretofore described, Plaintiff has been compelled to retain the services of counsel in an effort to enforce the terms and conditions of her employment relationship with Defendants, and has thereby incurred, and will continue to incur, legal fees and costs, the full nature and extent of which are presently unknown to her.

Continue reading " Nightclub Subjects Sacramento Employee To Sexual Harassment, Part 5 of 8. " »

SECOND CAUSE OF ACTION

(Sexual Harassment in Violation of California Gov't Code §12900 et seq. Against All Defendants and DOES 1-50)

25. Plaintiff repeats and realleges by reference each and every allegation contained in paragraphs 1 through 24 and incorporates the same herein as though fully set forth.

26. Defendants are employers in the State of California, as defined in the California Fair Employment and Housing Act (“FEHA”), California Government Code § 12926.

27. Defendants' harassment of Plaintiff by Dan Black included inappropriate touching and sexual comments and sexual innuendo, on the basis of her gender constitutes a violation of the California Fair Employment and Housing Act, California Government Code § 12940 et seq. The sexual harassment Plaintiff endured was severe and/or pervasive, offensive and hostile. Further the work environment including lingerie parties and sexual-charged comments regarding customers and employees constitutes a sexually hostile work environment that Plaintiff was forced to endure.

28. Plaintiff is informed and believes, and based thereon alleges, that in addition to the practices enumerated above, Defendants may have engaged in other discriminatory practices against her which are not yet fully known. At such time as such discriminatory practices become known to her, Plaintiff will seek leave of Court to amend this Complaint in that regard.

29. On or about October 27, 2008, Plaintiff filed timely charges against Defendants with the California Department of Fair Employment and Housing (“DFEH”). True and correct copies of her charges are referenced herein. Within one year of the filing of this Complaint, the California Department of Fair Employment and Housing issued right to sue notices to Plaintiff authorizing this lawsuit. True and correct copies of the right to sue letters are referenced herein. Plaintiff has therefore exhausted her administrative remedies

Continue reading " Female Sacramento Bartender Sexually Harassed At Work, Part 6 of 8. " »

31. As a direct and proximate result of Defendants' willful, knowing and intentional discrimination and sexual harassment against her, Plaintiff has further suffered and will continue to suffer a loss of earnings and/or other employment benefits and job opportunities. Plaintiff is thereby entitled to general and compensatory damages in amounts to be proven at trial.

32. As a further, direct and proximate result of Defendants' violation of California Government Code § 12900, et. seq. , as heretofore described, Plaintiff has been compelled to retain the services of counsel in an effort to enforce the terms and conditions of her employment relationship with Defendants, and has thereby incurred, and will continue to incur, legal fees and costs, the full nature and extent of which are presently unknown to her. Plaintiff will therefore seek leave of Court to amend this Complaint in that regard when the same shall be fully and finally ascertained. Plaintiff requests that attorneys' fees be awarded pursuant to California Government Code § 12965.

33. Plaintiff is informed and believes, and based thereon alleges, that the outrageous conduct of Defendants described above was done with malice, fraud and oppression and with conscious disregard for her rights and with the intent, design and purpose of injuring her. Defendants participated, authorized, condoned and/or ratified the unlawful conduct of the other employees. By reason thereof, Plaintiff is entitled to punitive or exemplary damages from Defendants in a sum according to proof at trial.

THIRD CAUSE OF ACTION

(For Injunctive Relief Against All Defendants and DOES 1-50)

34. Plaintiff repeats and realleges the allegations set forth in paragraphs 1 through 33 and incorporates the same by reference as though fully set forth herein.

Continue reading " Sacramento Club Owner Sued For Sexually Harassing Female Employee, Part 7 of 8. " »

35. cont.

Ms. Williams was required to lose weight by Defendants in order to perform her job bartending visibly with the public meeting a female sexual stereotype of looking rail-thin. Defendants claim they are within their rights to require weight loss of Plaintiff who is female.

36. Ms. Williams desires a judicial injunction to be returned to the front bar, visible to the public where she can perform her bartending duties as she did successfully prior to her 5-lb. weight gain. She has suffered irreparable harm of emotional distress, humiliation and has been denied her appropriate position.

37. A judicial injunction is necessary and appropriate at this time returning Ms. Williams to her rightful position at her work site. Such an injunction will avoid conflict between the parties and the possibility of a multiplicity of actions.

WHEREFORE, Plaintiff prays that judgment be entered in her favor and against Defendants as follows:

AS TO THE FIRST CAUSE OF ACTION:

1. That Plaintiff be awarded general and compensatory damages, including prejudgment interest, in an amount according to proof at trial;

2. That Plaintiff be awarded reasonable attorneys' fees and costs of suit and interest incurred; and

3. That Plaintiff be awarded punitive or exemplary damages against Defendants in an amount according to proof at trial;

4. That this Court award such other and further relief as the Court deems just and proper.

AS TO THE SECOND CAUSE OF ACTION:

1. That Plaintiff be awarded general and compensatory damages, including prejudgment interest, in an amount according to proof at trial;

2. That Plaintiff be awarded reasonable attorneys' fees and costs of suit and interest incurred; and.

3 That Plaintiff be awarded punitive or exemplary damages against Defendants in an amount according to proof at trial;

4. That this Court award such other and further relief as the Court deems just and proper.

Continue reading " Sexually Harassed Sacramento Nightclub Employee Sues Owner, Part 8 of 8. " »

PLAINTIFFS’ MEDIATION STATEMENT

OVERVIEW

This is a sexual harassment lawsuit brought by the four plaintiffs against their former employer, ABC Automobiles dealership, and its Regional Director, Bill Armstrong. The plaintiffs seek the following relief:

1. Compensatory damages
2. Punitive damages
3. Attorney fees

Defendant ABC Automobiles has locationss in four California cities. Its corporate headquarters is in San Francisco and it has been a business since 1973. It reported revenues of over $15,000,000, in 2003.

Bill Armstrong sold his own dealership, “Armstrong Autos” located in Sacramento, to ABC Automobiles on November 9, 2003. He remained at the office and was named Regional Director. Mr. Armstrong retired after the filing of this lawsuit.

FACTS

This case concerns the failure of ABC Automobiles, its corporate officers, and its on-site Regional Director, Bill Armstrong, to prevent the well-documented and obvious sexual harassment of these four plaintiffs at the Sacramento location of ABC Automobiles by one of its employees, David Stevens.

Continue reading " Sacramento-area Women File Suit for Sexual Harassment in Workplace, Part 1 of 8. " »

The facts in this case can be briefly summarized as follows:

JUNE 26, 2004: ABC AUTOMOBILES REPRIMANDS DAVID STEVENS FOR SEXUAL HARASSMENT

Prior to June of 2004, ABC Automobiles hired a 19-year-old female (not a plaintiff), to work in the Sacramento location. Stevens, who was at all times herein married and middle-aged, began sexually harassing this young girl. He kissed her on her second day at work and told her he loved her. He put his hand on her thigh while training her and repeatedly touched her and winked at her. She was so upset that she went to her doctor to see if the anxiety Stevens was causing her was making her sick. She also complained to her co-worker, Ms. Brown.

Ms. Brown called Amy Webb, head of Human Relations for ABC Automobiles. Ms. Webb investigated the matter and determined that Mr. Stevens was, in fact, sexually harassing the young woman.

Ms. Webb held a meeting attended by both David Stevens and Bill Armstrong in which she reprimanded Mr. Stevens, in the presence of Bill Armstrong, for sexually harassing this young woman. Mr. Stevens apologized. ABC Automobiles found the young woman a new job. Mr. Stevens continued to work for ABC Automobiles at the Sacvramento location. Ms. Webb’s notes of the incident are referenced below.

Although ABC Automobiles should have terminated or transferred Mr. Stevens, the incident at the very least put the ABC Automobiles corporation and Bill Armstrong on notice that Mr. Stevens was a sexual harasser, and that if uncontrolled Stevens might continue to harass females in its Sacramento location.

Continue reading " Sacramento Business Sued For Sexual Harassment, Part 2 of 8. " »

BOB JAMES

Bob James is the President of ABC Automobiles. In June 2004, Amy Webb reported to Mr. James that Mr. Stevens had sexually harassed a 19-year-old female employee in the Sacramento location, as described above. Mr. James suggested that Mr. Stevens' behavior “might be a cultural issue, since Stevens was of Russian descent.” Mr. James said Mr. Stevens should be warned, but suggested that it might only be “a perception issue.” Not surprisingly, David Stevens' harassment of female ABC Automobiles employees continued for two more years, as described below.

MS. BROWN

Ms. Brown was hired by ABC Automobiles to work in its Sacramento location on June, 2005 as a job recruiter. She was interviewed for the position by Bill Armstrong and David Stevens. While working at the Sacramento location, she was subject to continuing sexual harassment coming from David Stevens and that was permitted and condoned by Bill Armstrong.

david Stevens repeatedly tried to massage Ms. Brown’s shoulders against her will. On a weekly basis he asked her if he could give her a “hot dog.” He told crude sexual jokes in the office.

The office was very open and Ms. Brown had to see and listen to all Mr. Stevens and Mr. Armstrong said and did on a daily basis. When Mr. Stevens interviewed young female job applicants, he would often touch them, hug them and try to kiss them. The young women often reacted with a look of shock or fear on their faces. Watching these young job applicants subjected to this made Ms. Brown sick.

Continue reading " Four Women File Sexual Harassment Action Against Sacramento Company, Part 3 of 8. " »

MS. GREEN

Ms. Green was hired in January 2000 as an administrative assistant. She worked in the Sacramento location of ABC Automobiles with David Stevens and Bill Armstrong until October, 2005. She resigned when she could no longer tolerate Mr. Stevens' sexual harassment of herself and others.

During her employment, David Stevens touched Ms. Green and hugged her against her will on several occasions.

In April or May of 2004, Ms. Green was having female medical problems. She kept these private and was embarrassed by them. Somehow David Stevens found out about this and told her in front of her co-workers, “All that bleeding must be affecting your sex life.” She was deeply humiliated.

Ms. Green could see most of what David Stevens did in the office. When young females came into the office for an interview prior to being placed in employment, they were often interviewed by Mr. Stevens. She saw Stevens touch the young women’s knees and put his arm around them on many occasions, even though he had just met them and they were only there for a pre-employment interview. Bill Armstrong could also see this conduct.

David Stevens told sexual jokes to the whole office, including Ms. Green. These sexual jokes were completely unwelcomed by her and the other female employees.

When young women walked by the front office window both David Stevens and Bill Armstrong would loudly comment on them, such as “Did you see that one!”

Continue reading " Sexual Harassment Action Filed By Four Sacramento Women, Part 4 of 8. " »

MS. WHITE

Ms. White had previously worked for Jim Phillips. On September 23, 2005, she was rehired by ABC Automobiles work in its Sacramento location under Bill Armstrong and David Stevens.

While working at ABC Automobiles she observed daily Mr. Stevens' unlawful sexual conduct directed towards herself and other females.

Once while wearing a longer skirt and reaching into the refrigerator, a split in her skirt fell open partially revealing her thigh. David Stevens reached out and touched her thigh. Ms. White strongly reprimanded him. David Stevens touched Ms. White weekly, always against her will. In April 2006, he tried to kiss her. She immediately pushed him away.

Mr. Stevens often grabbed Ms. White’s shoulders and said “Hi, sexy!”

Mr. Stevens announced to the office that he was dating one of the female applicants that he was in charge of. He instructed the women in the office, including Ms. White, that if his wife called they should lie about his whereabouts if he was out with the female applicant.

The office staff went to a “crab feed” fundraiser for the Lion’s Club. Ms. White and her husband, Steve, attended as did David Stevens and his wife. David chose a seat next to Ms. White. During the meal David Stevens reached under the table and began touching Ms. White’s leg; she was frightened, embarrassed and humiliated. She was afraid to tell her husband, not knowing what would happen. Ms. White moved away from Mr. Stevens and left the fundraiser early without telling her husband.

Ms. White weekly saw David Stevens sexually harass young female job applicants. She heard both Mr. Stevens and Mr. Armstrong comment loudly whenever a pretty young girl would walk past the front window.

Continue reading " Sacramento Women File Sexual Harassment Suit, Part 5 of 8. " »

MS. BLACK

Ms. Black was hired to work as a replacement at the ABC Automobiles Sacramento location in December 2005. Shortly thereafter, David Stevens tried to touch her body and rubbed her shoulders against her will.

Ms. Black saw how Mr. Stevens sexually harassed young female job applicants who came in for an interview to be placed by ABC Automobiles in administrative jobs. He would call them “sweetie” and “honey.” He would touch them, put his arm around them, and even kiss applicants he met for the first time. He also told sexual jokes to the whole office.

Ms. Black complained to Bill Armstrong about David Stevens' conduct but nothing was done.

On May 1, 2006, Mr. Stevens tried to hand out to females in the Sacramento location packets of lotions from Victoria Secret with the picture of a model in a sexual pose. Ms. Black refused to accept it. David Stevens laid it on her desk anyway and walked away. A photocopy of the packet is part of this record.

The following day, Ms. Black confronted Mr. Stevens and complained to Mr. Armstrong. Ms. Black told Mr. Armstrong she wanted to file a complaint. Mr. Armstrong said he didn’t know how to do that but he would get back to her.

Continue reading " Four Sacramento Women Claim Sexual Harassment, Part 6 of 8. " »

MS, ADAMS

Ms. Adams is not a plaintiff. She is married and currently working in the Sacramento location of ABC Automobiles. Her deposition was taken and videotaped on April 1, 2008. Under current case law, her testimony will be admissible at trial. At her deposition Ms. Adams testified as follows:

1. She observed David Stevens' offensive conduct on many occasions sexually harassing women at the office. She complained to both Mr. Armstrong and the corporate office. Nothing was done.

2. At a conference in San Jose, David Stevens asked her and another female employee of ABC Automobiles to have three-way sex with him. The women were offended and very uncomfortable with his comments. Ms. Adams reported this to the appropriate persons at ABC Automobiles. Again, nothing was done.

3. At a staff meeting on April 26, 2006, attended by Mr. Stevens, Ms. Webb led a discussion concerning inappropriate sexual behavior in the work place. Immediately after the meeting Mr. Stevens walked up to another female employee and pinched her buttocks. Ms. Adams complained to Bill armstrong but he did nothing.

4. Ms. White regularly complained to Amy Webb about Mr. Stevens' inappropriate behavior. Ms. Black also complained to Bill Armstrong, in Ms. Webb's presence.

Continue reading " Sexual Harassment Claimed By Sacramento Women, Part 7 of 8 " »

VIOLATION OF GOVT. CODE 12950.1

Under California Law, ABC Automobiles is subject to Government Code section 12950.1 (a) which requires the following :

“By January 1, 2006, an employer having 50 or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all new supervisory employees within six months of their assumption of a supervisory position.”

ABC Automobiles violated this statute; it did not provide the two hours of sexual harassment training to Bill Armstrong, David Stevens, or anyone else at its Sacramento location until after May 2, 2006

EMPLOYEE OF THE YEAR

Incredibly, David Stevens was named Employee of the Year by ABC Automobiles despite all the company knew about him. He received the award in early 2006, approximately four months before he was finally terminated for years of sexual harassment. It is believed that one reason he got the award was because he and Bill Armstrong had set up the computers used by some of the females in their office so that the women had to use Mr. Stevens' name to log on and do work. Thus, he got the credit for much of the work performed by those female employees.

One can only imagine how Ms. White and Ms. Black and the rest of the females in the Sacramento location felt when, despite all the sexual harassment, and despite all the complaints to Regional Director Bill Armstrong and the San Francisco corporate headquarters, ABC Automobiles named David Stevens Employee of the Year.

Continue reading " Sacramento Business Sued For Sexual Harassment, Part 8 of 8 " »

Sexual harassment is unwanted and unwelcome behavior, or attention, of a sexual
nature that interferes with your life. Sexual advances, forced sexual activity, statements
about sexual orientation or sexuality, requests for sexual favors, and other verbal or
physical conduct of a sexual nature all constitute sexual harassment. The behavior
may be direct or implied. Sexual harassment can affect an individual's work or school
performance, and can create an intimidating, hostile, or offensive environment.

Sexual harassment can occur in a number of ways, such as:

The victim as well as the harasser can be either male or female. The
harasser does not have to be of the opposite sex.

The harasser can be anyone: the victim's supervisor, a client, a co-worker, a
teacher or professor, a schoolmate, a stranger, even a family member.

The harasser's behavior must be unwelcome.

The victim does not have to be the person directly harassed but can be anyone
who finds the behavior offensive and is affected by it.

While adverse effects on the victim are common, this does not have to be the
case for the behavior to be unlawful.

The harasser may be completely unaware that their behavior is offensive or
constitutes sexual harassment, or they may be completely unaware that their
actions could be unlawful.

Continue reading " Sexual Harassment In The California Workplace " »