Jared Hartman, Esq. Posted on April 13, 2017
It is truly unfortunate when an employee is faced with harassment in the workplace, whether the harassment is based on sexual harassment, gender, race, ethnicity, religion, or upon any other basis. Not only is it a traumatic experience just to be harassed based on such things, but in the workplace the stress and trauma can be drastically increased. We all have to work, that is a reality. And we cannot just walk out of a job on the spot due to fear of being terminated and therefore not being able to pay bills. When the harassment is handed down by a supervisor, then the stress and trauma becomes even worse because of the fear that you have to submit and you cannot complain out of fear of retaliation or termination.
Regardless of whether the victim is an employee or an independent contractor, such a distinction has no application as to Plaintiff’s sexual harassment claims in this matter. Calif. Gov’t Code 12940(j) protects even independent contractors from sexual harassment. See, Hirst v. City of Oceanside, 236 Cal. App. 4th 774, 791 (4th Dist. 2015), “The Legislature specifically provided that an employer is liable for sexual harassment committed by an employee against an employee or a person providing services pursuant to a contract.”
Furthermore, Calif. Gov’t Code 12940(j)(3) provides for direct liability against the person who committed the harassment undertaken in their individual actions. But it is also well-settled that employers are strictly liable for harassment undertaken by their managers/supervisors, regardless of whether the manager/supervisor was acting as the employers’ agent at the time of the harassing conduct.
A well-publicized case that provides a perfect example of the types of claims in these cases is Fuentes v. AutoZone, Inc., 200 Cal. App. 4th 1221 (2011). In that case, the court of appeal found that severe and pervasive sexual harassment existed, and affirmed the jury verdict, based on supervisors creating an environment whereby the plaintiff was the subject of repeated sexually explicit jokes. This included instructing her to turn around and show her buttocks to customers, spreading false rumors that she had sexually transmitted herpes, suggesting that she could make more money working as a stripper or being photographed for a magazine in a bikini, and engaged in speculation about a sexual relationship between the plaintiff and a coworker. When she confronted an acting manager about the herpes rumor, he threatened that she would be fired if she brought it up again. The court of appeal affirmed the jury’s award of $160,000.00 in compensatory damages, $23,898.76 in costs, and $677,025.00 in attorneys’ fees.
Another well-publicized case that serves as a good example is Weeks v. Baker & McKenzie, 63 Cal. App. 4th 1128 (1998). In that case, a jury found the employer liable for sexual harassment based on a firm partner (who was in a position of authority over the employee/victim) persistently leering at, attempting to grope, and attempting to proposition the employee for sexual relations. The employee complained to upper level management, who simply turned a blind eye and took no corrective action. The jury awarded the employee $50,000.00 in compensatory damages, $225,000 in punitive damages from the partner who committed the harassment and $6.9 million in punitive damages from the firm employer. The latter award was reduced to $3.5 million by the trial court. The court also awarded plaintiff $1,847,437.86 in attorneys’ fees and expenses. The jury found that the firm employer had advance knowledge that the partner was likely to harass employees, and that the firm exhibited conscious disregard for the rights and safety of others by failing to take corrective action. The court of appeal upheld the jury verdict and each of the awards of damages, including the punitives, and only reversed with respect to the attorneys’ fees lodestar enhancement multiplier.
Our firm is also experienced in these matters to protect your rights! You can read two complaints that our firm has filed by clicking HERE and HERE. If you or a loved one is experiencing such unfair mistreatment, please do not hesitate to contact us for a free and confidential consultation to discuss your rights and to see how we can protect you.
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