Employment Law: Proving a Sexual Harassment Case in California | Lawyer tips | Case study скачать в хорошем качестве

Employment Law: Proving a Sexual Harassment Case in California | Lawyer tips | Case study

We will cover this topic in this video: Proving a Sexual Harassment Case Elements of Sexual Harassment Element 1 That they worked for the Employer Element 2: “Because of” Gender If the person is making gender-based comments (body parts, refer to gender-based names) If the person is targeting people of the same protected status (targeting only women) If the person is touching the woman inappropriately Element 3: “Severe or Pervasive” Govt. Code § 12923  changed the standard in 2019 A single incident may suffice  severely Touching of inappropriate body parts Occurred over a substantial period of time  pervasive Not so severe, but gender-based name-calling over months or years Multiple drastic incidents  severe Multiple drastic incidents over a substantial period of time  severe and pervasive Element 4: Reasonable Person – Objective Standard If another woman in the plaintiff’s shoes would have felt the work environment to be hostile, intimidating, etc. How to prove it? Other women’s testimony Mental health expert testimony HR Representative testimony Employee Handbook Element 5: Plaintiff Felt – Subjective Standard How the Plaintiff actually felt about the situation How to prove it? Other witness testimony Observe Plaintiff Mental health expert testimony HR Representative testimony Witness statements Element 6: Liability “Supervisor” engages in the conduct = strict liability Govt. Code § 12926(t): Supervisor/agent knew or should have known and failed to take immediate/appropriate action = negligence standard Definition of SupervisorCACI 2525 Proving Supervisorship Directing daily activities Assigning duties Discipline if fail to follow directions of supervisor Independent judgment? Shortness in time in decision making Shortness in time in discipline Did not consult with anyone Elements 7 & 8: Substantial Factor in Causing Harm Harm Eyewitness testimony Other witness testimony Observe Plaintiff Mental health expert testimony HR Representative testimony Witness statements Substantial Factors  more than trivial or remote Expert testimony Plaintiff testimony Other witness testimony Defenses to Elements 7 & 8 Previous psych history Criminal history? History of abuse? Childhood trauma (divorce, abuse, etc.) Prior workplace trauma Prior lawsuits Car accidents Bankruptcy Workers’ Compensation Other claims Conclusion Follow me on social media to get engaged with me. 👉 Facebook:   / calljonnylaw   👉 Instagram:   / calljonnylaw   👉 Tiktok:   / calljonnylaw   👉 Twitter:   / calljonnylaw   👉 Email: [email protected] Hashtags: #sexualharassment #employmentlaw #california #employment #harasement #workplace #work #worker #sexual #law #lawupdates Related Tags: sexual harassment, what are the new sexual harassment laws in california? california sexual harassment law, california sexual harassment, sexual harassment law, California, sexual harassment lawyer, sexual harassment California, California sexual harassment training, sexual harassment in the workplace, sexual harassment attorney, sexual harassment california law, employment law, california law, sexual harassment lawsuit, sexual harassment prevention, types of sexual harassment, preventing sexual harassment, how to prevent sexual harassment, sexual harassment in the workplace, corporate sexual harassment training, sexual harassment prevention training, sexual, hr sexual harassment, sexual harassment, sexual harassment law, harassment, employer sexual harassment, prevent sexual harassment, sexual harassment complaint ------------------------------------------------------ Copyright Disclaimer: This content may use background music or something similar that was not owned by me. Copyright Disclaimer under Section 107 of the copyright acts 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational, or personal use tips the balance in favor of fair use. Thanks for your patience. Have a great day, Cheers! 🥂