Sexual Harassment San Diego Lawyer

San Diego Sexual Orientation Discrimination (Harassment) Attorney

Sexual Harassment San Diego Lawyer

Have you been Harassed?

Looking For A Top Sexual Harassment San Diego Lawyer?

Hogue & Belong is your Answer!

Welcome to Hogue & Belong Law. We specialize in providing a top sexual harassment san diego lawyer to help win your case. If you have been harassed, and are looking for the best sexual harassment team of attorneys in San Diego, working on high-profile cases, Hogue & Belong Law Firm is your answer.

What is Sexual Harassment in the San Diego and the State of California?

Both California and Federal law generally define sexual harassment as unwanted sexual conduct of two main types: quid pro quo harassment and hostile environment harassment. Quid pro quo harassment occurs when employment is conditioned, expressly or implied, on the submission to unwelcome sexual advances (such as a supervisor saying “If you want to keep your job, you’d better kiss me”).

Usually, sexual harassment comes in the form of hostile work environment, when women hear all sorts of sexually charged comments, see sexual photos, and be subjected to sexually gestures, groping, staring at breasts or buttocks, etc.

What are An Employer’s Duty Under Sexual Harassment Laws?

An employer must take all reasonable steps necessary to prevent discrimination and harassment from occurring. (California Government Code section 12940(k).)

If harassment has occurred, the employer has a duty to take measures to not only change the harasser’s behavior, but to prevent potential harassers from unlawful conduct.

 

Reasonable steps to prevent discrimination and sexual harassment from occurring include:

  • affirmatively raising the issue of harassment;
  • expressing strong disapproval of harassment;
  • developing appropriate sanctions for harassment;
  • informing employees of their rights and instructing them to report harassment;
  • developing methods to sensitize all employees to behavioral indicators of sexual
  • harassment and the gravity of its consequences.

Am I Protected from Retaliation?

It is an unlawful employment practice under the Fair Employment and Housing Act (FEHA) to retaliate against anyone who has opposed practices proscribed by FEHA, i.e., sexual harassment or discrimination, or has filed a complaint, testified or assisted in any proceeding under FEHA. Thus, employees are protected from retaliation if they complain about harassment or discrimination.

Who Is Protected From Sexual Harassment?

Under California law, the Fair Employment and Housing Act (FEHA) protects both male and female employees, applicants for employment and independent contractors. It also protects an employee or an applicant from harassment by a person of the same sex. It applies to all employees of any employer.

What if I Saw Sexual Harassment But It Was Not Directed at Me?

If sexual harassment permeates the plaintiff’s work environment, she or he may have a claim even if the harassing conduct is not directed at the plaintiff personally, but occurs in the plaintiff’s presence.

When Do I have to Bring a Sexual Harassment Claim Statute of Limitations?

The statute of limitations are very short it is complicated to bring a claim for sexual harassment. Please get into contact with one of the attorneys at Hogue & Belong or elsewhere to discuss as soon as you can.

If you are looking for the best sexual harassment attorneys in San Diego, Hogue & Belong is the place. For a free consultation, please contact us today!

Click HERE to read about recent San Diego sexual harassment verdicts and awards.

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SEXUAL HARRASSMENT – AFG

Case: Jacqueline Slaymaker and Laura Arnold v. Armstrong Financial Group, Inc., Eric Armstrong, and R. Edde (Case No. 37-2012-00054141-CU-OE-NC)

Court: Superior Court of San Diego

Judge: Robert P. Dahlquist

Date: May 8, 2014

Result: Hogue & Belong obtained a jury verdict, with a finding of punitive liability, for a total award of $838,875.00.

Facts & Allegations

Plaintiffs Jacqueline Slaymaker and Laura Arnold were both employees at Armstrong Financial Group. Armstrong Financial Group is a financial recruiting firm located in Carlsbad.

Ms. Slaymaker began her employment with Armstrong Financial Group in June 2009. A few weeks into her employment, she began getting invites to “passion parties” where sex toys are sold from the Director of Operations, and another co-worker. The female co-worker that sat immediately behind her would promote her husband’s sex toy business on the phone during work hours.

The owner, co-defendant Eric Armstrong, sent his staff an email containing a joke about someone having sex with a pumpkin. Mr. Armstrong also told Ms. Slaymaker that the ideal anniversary gift to give her boyfriend was to have lesbian sex in front of him.

R. Edde, a co-defendant and employee at Armstrong Financial Group, would frequently turn benign conversations into a joke with a sexual conotation. R. Edde also sent a picture of two golf balls with “R. Edde” enscribed on each golf ball; the body of the email said, “I thought I’d show you a tasteful picture of my balls.” Mr. Edde sent many more emails with similar sexual undertones. Another female co-worker pulled up her shirt and asked Ms. Slaymaker to touch her breasts during a work event.

Eric Armstrong showed both Ms. Slaymaker and Ms. Arnold a “sexual sensitivity training” video where the male students had laser glasses on that indicated wherever the student was looking. As the video went on, the laser beams showed that the students were viewing the instructor’s crotch area and then the lasers focused on a donkey’s penis. Later, when a young woman entered the scene and asked if she could help, all of the red dots were focused in on her breasts, and ultimately her breasts caught on fire. Mr. Armstrong also showed employees a video that he created himself, where his staff was drinking alcohol, and at the end of the video a beer bottle was held up to a baby’s mouth.

Ms. Slaymaker complained to Mr. Armstrong on at least three occasions, but beyond speaking with co-defendant R. Edde and another offending co-worker one time, nothing was ever done.

In June 2007 Ms. Arnold began her employment at Armstrong Financial Group. Along with watching the “sexual sensitivity training” video referenced above on her very first day, Mr. Armstrong would make comments such as “do you want to see my porn collection,” and “I want to be hung like John Holmes.” After a work event, Mr. Armstrong drove to Ms. Arnold’s house, threw up in her bushes, and came into her house uninvited, and then passed out on her floor while Ms. Arnold waited until he woke up to call him a cab. Mr. Armstrong also sent Ms. Arnold a distasteful email joke about pornography.

Ms. Slaymaker and Ms. Arnold ultimately resigned on March 2011, and April 2011, respectively.

During discovery, Hogue & Belong were denied key evidence. Due to the Court’s rulings they were deprived of acquiring “me too” evidence from Messrs. Armstrong and R Edde’s computers. Furthermore, Hogue & Belong were denied the opportunity to even depose Messrs. Armstrong and R. Edde prior to trial. Thus, the Plaintiffs proceeded to trial without any such evidence. Learn More

Plaintiff Attorney(s): Hogue & Belong

Defense Attorney(s): David Veljovich of the Veljovich Law Group, and Dimetri Reyzin of the Reyzin Law Firm for defendants Eric Armstrong and Armstrong Financial Group, and David Graves of Laturno & Graves for defendant Ron Edde.


Settlements, Awards & Publications

Contact Us

Hogue & Belong Law
170 Laurel Street
San Diego, CA 92101
Contact Form
(619) 238-4720 (office)
(619) 270-9856 (fax)
inquiries@hoguebelonglaw.com

Why Hogue & Belong

At Hogue & Belong Law, we offer experienced Antitrust, Class Action Lawsuit and Sexual Harassment Attorneys in San Diego, Orange County, Los Angeles County, Riverside County, and San Bernardino County.