California has passed a new law prohibiting an employer from relying on an applicant’s salary history information as a factor in determining whether to offer the applicant employment or what salary to offer the applicant. The law further prohibits an employer from seeking an applicant’s salary history information, including compensation and benefits, whether the inquiry is made orally, in writing, personally, or through an agent of the employer.
In addition, the new law requires an employer, upon reasonable request, to provide the pay scale for a position to an applicant.
However, the law permits applicants to voluntarily and without prompting disclose salary history information, and does not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary. Further, the law does not apply to salary history information disclosable to the public pursuant to federal or state law.
If you are being asked by an employer to disclose your salary history, please contact the attorneys at the California Employment Law Group today for a consultation with an experienced employment lawyer who will clearly explain your rights and options under the law.
California has enacted the New Parent Leave Act, which provides up to 12 weeks of unpaid leave for eligible employees to bond with a new child. While the federal Family and Medical Leave Act and the California Family Rights Act already provide 12 weeks of unpaid protected leave for baby bonding purposes to eligible employees of employers with at least 50 employees, the Act expands the coverage to include employees of smaller employers.
The Act applies to private, state, and municipal employers that employ 20-49 employees within 75 miles of each other. To be eligible to take leave, employees must have over 12 months of service and at least 1,250 hours of service with the covered employer during the 12-month period prior to commencing leave. The Act does not apply to employees who are covered by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
Employers are prohibited from retaliating or discriminating against an individual for taking parental leave, and from interfering with, restraining, or denying an employee their right to leave under the Act.
If you were discriminated or retaliated against because of your parent leave, please contact the attorneys at the California Employment Law Group today for a consultation with an experienced employment lawyer who will clearly explain your rights and options under the law.
California Governor Jerry Brown signed legislation (A.B. 1710) amending existing law prohibiting various types of discrimination against an officer or enlisted member of the military or naval forces of the state or the United States. The law is effective as of January 1, 2018.
The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination in the terms, conditions, or privileges of employment against a person on the basis of past military service, current military obligations, or intent to serve. With Governor Brown’s approval, the new law amends the California Military and Veterans Code to add the language “terms, conditions, or privileges of employment” to conform with the USERRA. Thus, under the amended law, employers are prohibited from:
- Discharging or otherwise discriminating against an employee in the terms, privileges, and conditions of employment because he/she is a member of the state or U.S. military or is ordered to duty or training; or
- Dissuading, preventing, or stopping any person from enlistment or from accepting a warrant or commission in the state military forces by threat or injury to the person with respect to the terms, conditions, or privileges of employment because of enlistment or acceptance of a warrant or commission.
If you were discriminated because you are an officer or enlisted member of the military or naval forces, please contact the attorneys at the California Employment Law Group today for a consultation with an experienced employment lawyer who will clearly explain your rights and options under the law.
Mission Hospital has agreed to pay $89,000 and to furnish other relief to settle a discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that Mission Hospital violated federal law when it refused to accommodate and fired employees who declined flu vaccinations based on their religious beliefs.
As stated in the Citizen Times, the U.S. Equal Employment Opportunity Commission filed the April 2016 suit on behalf of three former employees, saying specifically that Mission violated Title VII of the Civil Rights Act which has defines religious protections.
“Title VII requires employers to make a real effort to provide reasonable religious accommodations to employees who notify the company that their sincerely held religious beliefs conflict with a company’s employment policy,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “As a result of this lawsuit, Mission now has practices in place to better ensure that this happens.”
EEOC officials requested a jury trial and requested a halt to what they called arbitrary deadlines. Damages sought included potential reinstatement, back pay and compensation for other financial and nonfinancial losses.
The 95-year-old comic book legend, Stan Lee is the latest high profile figure to be accused of sexual misconduct. According to reports by the Daily Mail, several female nurses have accused him of repeated groping and harassing them while caring for him at his Hollywood home.
Daily Mail reports a “source with knowledge of the situation” said Lee had sexually harassed nurses, speaking to them inappropriately and groping some of them. The nursing company was quoted as saying that its owner had “received several complaints from nurses who had worked at Lee’s house and that she had complained directly to Lee.”
The nursing company which employs the women and caters for celebrities and high end clients is now in a legal dispute with icon Lee.
Lee is the former president and chairman of Marvel and co-creator of Spider-Man, the Fantastic Four, Iron Man, the X-Men, Hulk among many other beloved comic book heroes.
Lee’s lawyer Tom Lallas stated that Lee ‘categorically denies’ the ‘false and despicable’ allegations and fully intends to clear his ‘stellar good name’ and suggested the allegations could be part of a shakedown.
GEO Group Inc. agreed to pay 16 former guards a combined $550,000 to settle lawsuits for sexual harassment and retaliation filed by the U.S. Equal Employment Opportunity Commission (EEOC) and the Arizona Civil Rights Division of the Attorney General’s Office (ACRD).
According to AZ Central, the lawsuit alleged that female employees were for years subjected to kissing, pinching, lewd propositions and other abuses at two correctional facilities in Florence. The harassment and reprisal charges covered a period from 2006 to 2012.
The EEOC stated the women who sought help or filed complaints were targeted for reprisal that included termination, discipline and placement in unsafe job assignments.
GEO Group declared “zero tolerance” for sexual harassment in all its facilities. “We believe that the range of individual settlements speaks to the nature of the individual claims,” the company added in a news release. “The claims included in the lawsuit took place…6-12 years ago, and no such claims have arisen since. As a result of the settlement, The GEO Group has implemented additional measures including enhanced training, reporting, and monitoring.”
The University of Arizona’s fired head football coach Rich Rodriguez after his former assistant filed a $7.5 million notice of claim with the Arizona Attorney General’s Office, claiming years of sexual harassment and a hostile work environment.
According to Sports Illustrated, the claim says that Wilhelmsen worked as Rodriguez’s assistant from 2011 to ’17. During this time, she claims Rodriguez frequently engaged in inappropriate and sexually threatening conduct. For instance, Wilhelmsen asserts that Rodriguez tried to kiss her and walked around her shirtless. Further, she insists that Rodriguez refused to intervene when players sent her screenshots of their genitalia. She also maintains that the 54-year-old Rodriguez, who is married, demanded that she not reveal his sexual affair with another women.
If Wilhelmsen decides to file a lawsuit, she could sue both the university and Rodriguez, states Sports Illustrated. She would assert sexual harassment and hostile work claims, and potentially related claims for defamation and intentional infliction of emotional distress.
Oakland chef Charlie Hallowell has stepped down from his three restaurants after several accusations of sexual harassment by former employees.
SF Chronicle first interviewed 17 former employees that accused him of sexual harassment and pervasive verbal abuse. According to the Chronicle, “the workers, from all three of Hallowell’s restaurants, described a demoralizing work environment where his indecent propositions and abuse of his power were the norm, along with a near-constant stream of sexually explicit language.”
“I can see very clearly that I have participated in and allowed an uncomfortable workplace for women. For this I am deeply ashamed and so very sorry,” Hallowell said in an email o the Chronicle. “We have come to a reckoning point in the history of male bosses behaving badly, and I believe in this reckoning and I stand behind it.
Hallowell admitted to his behavior as “unfiltered and often completely inappropriate” and added that he was “deeply ashamed and saddened.”
In response to the shocking allegations of sexual harassment and assault against Hollywood film producer, Harvey Weinstein, actress Alyssa Milano encouraged women to speak up if they had been sexually harassed and prompted women to use the hashtag “#MeToo” to demonstrate “the magnitude of the problem.” Soon after, millions of women flooded social media to share the harassment and abuse they had encountered.
As the #MeToo movement continues, the sexual harassment and misconduct scandals continue to grow. More women are coming forward with stories of sexual harassment and sexual abuse unveiling high-profile men in the media industry, sports and politics.
The growing list of men include NBC host Matt Lauer, Senator Jack Latvlala, NFL owner Jerry Richardson and celebrity chef John Besh.
Here is a list of the high-profile men recently accused of sexual harassment and assault in various industries.
Hollywood’s most powerful movie producer, Harvey Weinstein was fired from The Weinstein Company after more than forty women, including the actresses Rose McGowan and Ashley Judd, accused the movie mogul of sexual harassment, misconduct and sexual assault. The women claim Weinstein forced them to massage him and watch him naked. In addition, he promised to help the women advance their careers in return for sexual favors.
Celebrity chef Mario Batali, one of the country’s most high-profile restaurateurs, stepped down from his company and TV show he co-hosted on ABC, “The Chew,” after allegations of sexual misconduct. The women claim that Batali touched them inappropriately in a pattern of behavior that appeared to span at least two decades. Three of the women worked for Batali, and the fourth worked in the restaurant industry.
The star of the sitcom “That ’70s Show,” Danny Masterson was fired from Netflix’s “The Ranch” after multiple women accused the actor of raping them years ago. One woman filed a police report in 2004 claiming she was raped in 2003, but the case didn’t move forward after the Church of Scientology intervened. At least three of the women claimed they were pressured to keep quiet by the Church of Scientology.
Def Jam Recordings cofounder Russell Simmons step down from his businesses and was fired from HBO’s stand-up comedy series “All Def Comedy” after several sexual misconduct allegations. The accusations from multiple women expand over several decades, from as early as 1983 and detail instances of sexual harassment, assault, and rape.
Celebrity chef John Besh and co-owner of Besh Restaurant Group, was forced to step down from his restaurant after more than two dozen women accused him of sexual harassment. The women said his company fostered a culture of sexual abuse and an investigation by the Times-Picayune revealed “long-term unwelcome sexual relationship” with a female employee.
Hollywood Director James Toback was accused of sexual assault by hundreds of women, who described “meetings framed as interviews or auditions quickly turned sexual” with Toback asking “humiliating personal questions.” Actress Julianne Moore revealed that the Hollywood director approached her in the ‘80s in New York City “with the same language” where he offered a movie role in return of sexual advances.
“CBS This Morning” host and “60 Minutes” correspondent, Charlie Rose was fired after eight women accused the long-time host of sexual harassment and unwanted advances. The women accusing him were either employees at the “Charlie Rose” show or aspired to work for the show in the late 1990s to 2011. Some of the women describe Rose groping them and walking around naked in their presence.
NBC host Matt Lauer was fired from “Today” after allegations of inappropriate sexual behavior after a woman met with network executives to describe her interactions with him. The network received at least two more complaints related to Lauer and one complaint came from a former employee who said Lauer had summoned her to his office in 2001, locked the door and sexually assaulted her.
Senior political analyst and frequent contributor for NBC News and MSNBC, Mark Halperin was accused of sexual harassment by several women during his tenure at ABC News from 1997 to 2007. Eleanor McManus, a former CNN producer, shared her encounter with Halperin after the network revealed the story. The women accused Halperin of propositioning them for sex to non-consensual groping.
The star chef Charlie Hallowell stepped down from his three restaurants after seventeen former employees accusations of sexual harassment by former employees. The chef-owner’s restaurants include Pizzaiolo, Penrose, and Boot and Shoe Service, which never had a human resources department. Hallowell admitted that his behavior was “unfiltered and often completely inappropriate” and added that he was “deeply ashamed and saddened.”
Senator Al Franken of Minnesota was forced to resign from Congress after several charges of sexual harassment and indiscretions. Several women accused the senator of groping them as he posed with them for photographs, mostly before he became a senator. In addition, radio news anchor Leeann Tweeden revealed Franken forcibly kissed and groped her on a U.S.O. tour in 2006.
Senator Jack Latvala was removed of his powerful role as chairman of the Senate Budget Chief during an investigation into allegations that he sexually harassed six women. The women accusing Latvala include Senate staff and lobbyists affiliated with both major parties, who report the incidents occurred over several years, and in the privacy of Latvala’s Senate office or in public places like the Capitol rotunda, a bar or an elevator.
Republican Senate candidate and former chief justice of the Alabama Supreme Court, Roy Moore may have lost the U.S. Senate election after nine women accused Moore of pursuing them sexually when they were only teenagers. Leigh Corfman, who was fourteen at the time, revealed he sexually molested her. Several other women accuse Moore of pursuing them when they were in their teens and he was in his early thirties.
Federal court judge in California, Alex Kozinski was forced to retire after several women accused him of sexual harassment, prompting a formal inquiry. At least 15 women accused Kozinski of subjecting them to unwanted sexual comments and groping. The allegations against Kozinski span decades and include those who worked for Kozinski and also those who encountered him at events.
Panthers owner Jerry Richardson announced his plans to sell the team after Sports Illustrated reported Richardson paid off at least four women to keep quiet following allegations of workplace misconduct, including sexually suggestive comments to women and on at least one occasion directed a racial slur at an African-American Panthers scout. In addition, the settlements came with non-disclosure requirements forbidding the parties from discussing the details.
Arizona football coach Rich Rodriguez was fired after his former assistant Melissa Wilhelmsen filed a $7.5 million notice of claim with the Arizona Attorney General’s Office, alleging years of sexual harassment and a hostile work environment. Wilhelmsen claims Rodriguez frequently engaged in inappropriate and sexually threatening conduct. Further more, she insists that Rodriguez refused to intervene when players sent her inappropriate screenshots. She also states that Rodriguez, who is married, forced her to cover up his sexual affair with another women.
Celebrity chef Mario Batali, one of the country’s most high-profile restaurateurs, is stepping down from his company and TV show he co-hosts on ABC, “The Chew,” after allegations of sexual misconduct.
New York Times reports, Mr. Batali released a statement on the food website, that said four women had alleged that Mr. Batali touched them inappropriately in a pattern of behavior that appeared to span at least two decades. Three of the women worked for Mr. Batali, and the fourth worked in the restaurant industry, reported the online food-trade publication Eater New York.
In his statement, Mr. Batali apologized and acknowledged his inappropriate behavior.
“Although the identities of most of the individuals mentioned in these stories have not been revealed to me, much of the behavior described does, in fact, match up with ways I have acted,” he said in the statement. “That behavior was wrong and there are no excuses.”