Sexual Harassment / Sexual Orientation Harassment – Case Example

Sexual Orientation Harassment Case Example

Throughout his employment, Vinny (male) had to endure a hostile work environment of constant, severe and unwelcome sexual harassment and touching.

A co-worker exposed himself to Vinny multiple times and would call him a faggot. Vinny made a formal written complaint to HR about this and of sexual harassment towards a female employee. Soon thereafter his employer retaliated against him for his written complaints. He received two write-ups and was terminated the very next month.

Same-sex sexual harassment is illegal. So is sexual orientation harassment, even if the person’s involved are heterosexual and only perceived to be LGBTQ+. Moreover, it does not matter if the motivation of the harasser is sexual desire—it is illegal under California’s Fair Employment and Housing Act.

The sexual misconduct and the company’s retaliation and wrongful termination had a devastating effect on Vinny and his family. We helped Vinny get justice.
If you have suffered sexual orientation harassment or discrimination in your workplace or have been retaliated against, our firm may be able to get you justice too. Give us a call at 310-400-5891 for your free consultation.

Learn More About Sexual Harassment Law / How to Report Sexual Harassment at Work?

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Former Back-Up Dancer Sues Snoop Dogg for Sexual Assault

Snoop Dogg Sexual Assault Lawsuit. Alleged Incident occurred at recording studio

A woman (Jane Doe) filed a lawsuit in Los Angeles federal court on February 9, 2022 accusing Snoop Dogg and Bishop Don ‘Magic’ Juan of sexual assault. The woman is described as a dancer, model and actress, and said to have regularly worked on-stage with the rapper. The alleged incident happened after the woman attended a Snoop Dogg concert in May 2013, nearly nine years ago.

The lawsuit alleges:

1/ Following the concert, Jane Doe and a friend agreed to go to Snoop Dogg’s studio with him and his friend Donald Campbell. 

2/ She asked to be taken home after an offer by Campbell, but Campbell drove her to his residence after she fell asleep in the car.

3/Jane Doe fell asleep at Campbell’s home and was awaken around 4 a.m. to Campbell forcing her to perform oral sex on him.

4/ Campbell urged her to accompany him to a Snoop Dogg taping, calling it a “career move” for her.

5/While at the taping, Snoop Dogg followed her to the bathroom where he forced her to perform oral sex and masturbated in front of her.

Jane Doe alleges she felt pressure from Snoop Dogg due to his position of power, ability to fire her, and ability to ensure she never be hired in the industry again. Her attorney explained that Jane Doe speaks now because she “refuses to be silenced and intimidated any longer” and hopes to inspire other victims to understand they have rights and do not have to be silenced forever.

A spokesperson for Snoop Dogg has denied the sexual assault allegations and denies she ever worked for him.  

According to the filing, the woman attempted private mediation with no success.  The lawsuit alleges that Snoop Dogg retaliated against her following the mediation by posting on Instagram that it was “gold digger season.” The post does not name any particular person.

California’s laws on sexual assault have changed recently to extend the statutes of limitations for civil claims.  

Do you think the long delay in bringing the claims will negatively effect Plaintiff’s claims?

Learn More About Sexual Harassment Law / How to Report Sexual Harassment at Work?

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Tyler Perry Suing Former Employee

Tyler Perry, actor, director, screenwriter, playwright, producer, author, and songwriter, is suing a former employee, Joshua Sole, for criminal trespassing. Sole allegedly tampered with the alarms and surveillance equipment and climbed through a suspended ceiling at the Tyler Perry Studios in Atlanta in order to come face-to-face with the media mogul. Because of this, Perry is suing Sole for over $100,000 in damages, claiming that he has felt uncomfortable at the property since the occurrence.

In addition to the $100,000, Perry is asking for $25,000 in attorney fees and a restraining order against Sole. He also wants Sole to undergo a mandatory psychological evaluation and treatment.

What do you think of Perry’s trespassing lawsuit against his former employee?

*image by Michael Dorausch, Flickr

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Employee’s Wages Put in a Bad “Situation” by MTV Reality Star

Mike “The Situation” Sorrentino, best known for his appearance on all six seasons of the MTV reality show Jersey Shore, is being sued by a former employee for failing to receive her final check at his tanning salon, Boca Tanning Club.

Though Sorrentino seems to be doing well financially–he made more than $5 million in 2010 through endorsements (the second highest of any other reality star after Kim Kardashian)–his tanning salon in Middletown, NJ seems to be on the edge of a major break down. 

The woman accusing The Situation of not paying up, says that every paycheck she received during her 3 months of employment bounced. Sorrentino would eventually give her cash to make up for the bounced check but when she quit in June, her final paycheck also bounced. According to this article by TMZ, the tanning salon’s bank account has been closed, a clue that the tanning salon is gone for good. 

In order to receive her final pay check, the former employee was instructed by police to file a lawsuit.  Under California law, employees must be paid their final paycheck immediately when terminated or within 72 hours if the employee quits.

What do you think of a multi-millionaire refusing to pay his employees on time? Underfunding of businesses is not uncommon and can lead to individual liability.

*image by Alexis O’Toole, Flickr

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Alanis Morissette Sued by Nanny for Unpaid Wages, Overtime, and Meal Break Violations

Alanis Morissette’s former nanny, Bianca Cambeiro, has sued the singer and her husband Mario ‘Souleye’ Treadway, claiming that she was not paid overtime and forced to work 12-hour shifts without overtime pay or a break.

Cambeiro alleges in the lawsuit that she was hired as a night nanny for the couple’s son. Her shift was from 9 p.m. until 9 a.m. for $25 per hour. Cambeiro states that, during her employment, Morissette and her husband prohibited Cambeiro from leaving the baby’s room during her 12-hour shift, even if the baby was sleeping. As such, she claims she could neither eat nor take a break during her shift. Additionally, Cambeiro claims that Morissette and her husband failed to pay her statutory required overtime wages, in violation of California law.

Cambeiro seeks unpaid wages and other damages. Cambeiro also says that she suffered emotional distress–which are not recoverable for wage and hour violations.

Morissette is one of many celebrities who have been sued by for overtime by their:

Nannies:

Assistants:

What do you think of these celebrity overtime claims?  Do you think these are true or made up celebrity shake downs?

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Garth Brooks Sued for Unpaid Wages

Garth Brooks’ former business partner is suing him for unpaid wages and bonuses.  Lisa Sanderson is seeking $425,000 from the famed country music artist whom she worked with for almost 20 years.  Sanderson is a television and movie producer who claims she was hired by Brooks to start his acting career. Sanderson claims she is owed wages for getting Brooks movie roles which he declined.  Brooks allegedly declined roles in Saving Private Ryan and Twister because he “wanted to be the star” and was not willing to take a backseat to Tom Hanks, Matt Damon, or a tornado.

Sanderson also alleges Brooks turned down other deals she arranged for him including Fox and Disney.  Sanderson’s suit states that she never got the 50 percent of producers fees she was promised.

What do you think of a business partner–as opposed to an employee–suing for unpaid “wages”?

Please post your comments at:  www.ShiraziLawFirm.com/blog

For a little more juicy unpaid wages/salary misclassified case see my article re Lady Gaga being sued here.

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Lady Gaga Sued By Personal Assistant for Unpaid Overtime

In yet another celebrity lawsuit, Lady Gaga’s former personal assistant has sued the pop star for $380,000 of alleged unpaid overtime.  Gaga’s former personal assistant, Jennifer O’Neill, says she was on-call almost every hour of every day she worked for Gaga.  This included being Gaga’s “personal alarm clock”, fetching tampons, changing DVD’s, and doing whatever the eccentric pop star asked for.  Gaga’s main legal defense is that Ms. O’Neill never worked over 8 hours in a day or 40 hours in a week if you just add up her tasks individually.

Ms. O’Neill though, claims she was always required to be available and never paid for working over 8 hours in a day.  Ms. O’Neill only received her $75,000 a year salary.

During Gaga’s deposition she made the following interesting statements:

“Jennifer is a fucking hood rat who is suing me for money that she didn’t earn. She thinks she’s just like the queen of the universe. And, you know what, she didn’t want to be a slave to one, because in my work and what I do, I’m the queen of the universe every day.”

She knew there was no overtime, and I never paid her overtime the first time I hired her, so why would she be paid overtime the second time? This whole case is bullsh*t and you know it.

I’m quite wonderful to everybody that works for me, and I am completely aghast to what a disgusting human being that you have become to sue me like this. Because she slept in Egyptian cotton sheets every night, in five-star hotels, on private planes, eating caviar, partying with [photographer] Terry Richardson all night, wearing my clothes, asking [Yves Saint Laurent] to send her free shoes without my permission, using my YSL discount without my permission.

Unfortunately for Lady Gaga, bad performance or misconduct by an employee is not a defense to non-payment of overtime.  Neither is treating your employee to the benefits of a lavish lifestyle.  Overtime must be paid to all non-exempt employees who work over 8 hours in a day and/or 40 hours in a week (depending on your state).  An agreement to be a salaried employee does not override this rule.

What do you think of Gaga’s assistant’s lawsuit?  Should employees have to be paid for every hour they are available to their employer, even if they only work a small portion of that time?

Comment at:   http://www.shirazilawfirm.com/lady-gaga-sued-by-personal-assistant-for-unpaid-overtime/

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Oprah Winfrey’s TV Network Sued for Employment Discrimination & Wrongful Termination in Los Angeles

Oprah Winfrey’s TV network OWN is one of the latest celebrity owned companies sued for wrongful termination and discrimination.  Former employee and Senior Director Carolyn Hommel filed suit against OWN in Los Angeles Superior Court.  Hommel alleges she was replaced by a temporary employee after going on pregnancy leave.

A month after giving birth, Hommel alleges that OWN “laid her off” after she had already been demoted and given an undeserved bad review.

Under California law, most employers are not allowed to discriminate or retaliate against an employee for taking pregnancy or disability leave.  The question is did OWN fire Hommel for other reasons.

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Price is Right Model Gets $8.5 Million Award for Pregnancy Discrimination

“The Price is Right” has been hit with an $8.5 million jury verdict for pregnancy discrimination against former “Barker Beauty” model Brandi Cochran.  The 41 year old former Price is Right model says that she was not allowed to return to work after her maternity leave in violation of California law.

The Los Angeles jury determined the former model’s pregnancy was the reason she wasn’t rehired and awarded Cochran $776,944 in regular damages and $7.7 million in punitive damages.  In their defense, producers FremantleMedia North America and The Price is Right Productions said they were satisfied with the five models working on the show at the time Cochran sought to return.

“I’m humbled. I’m shocked,” Cochran said after the jury announced its verdict. “I’m happy that justice was served today not only for women in the entertainment industry, but women in the workplace.”

The producers will appeal the verdict stating: “We believe the verdict in this case was the result of a flawed process in which the court, among other things, refused to allow the jury to hear and consider that 40 percent of our models have been pregnant,” and further “important” evidence.

This was not the first employment lawsuit by a “Barker Beauty” against the show’s producers.

What do you think of this huge verdict for failing to bring back an employee who went on pregnancy leave?

Please post your thoughts on ShiraziLawFirm.com/blog

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Magic Johnson Sued for Wrongful Termination and Age Discrimination in Los Angeles

Magic Johnson’s former flight attendant has sued his company for wrongful termination in Los Angeles Superior Court.  The former employee on Magic Johnson’s private plane, Lanita Thomas, is suing for age discrimination and various California Labor Code violations.  Ms. Thomas, 45, alleges that Magic replaced her with a much younger flight attendant because he prefers younger women in violation of the law. Ms. Thomas claims that the “pretext” for her termination by Magic was that she was seven minutes late while trying to get Magic the very specific kind of turkey he likes in his sandwiches.  Ms. Thomas-who worked for Magic since 2004-alleges that Magic hired the much younger flight attendant that temporarily substituted in for her during her prior medical leave of absence.

In addition to the age discrimination claim, Ms. Thomas is suing for California Labor Code violations, including non-payment of overtime and missed meal and rest periods.  Ms. Thomas alleges that she spent about a third of her time stocking Magic’s private plane with “highly specific in-flight food and beverage choices,” including liquorice, which she was required to “regularly squeeze to make sure they were soft.”  Ms. Thomas alleges that because she was the only flight attendant and had to spend so much time on the above-mentioned tasks, that she was never allowed to take full meal or rest breaks.

What do you think of the age discrimination claim against Magic?

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Shirazi Law Firm, PC

Shirazi Law Firm, PC

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Phone: 310 400 5891
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