sexual harassment

Employment Law: Agreement to Shorten Statute

By on March 4, 2015 - Comments off

Ellis v. U.S. Security Associates, (First District, March 20, 2014) 2014 WL 1229038, 14 Cal. Daily Op. Serv. 3098, 2014 Daily Journal D.A.R. 3098, 2014 Daily Journal D.A.R. 3588    

A security guard who resigned from her job after being sexually harassed by her supervisor, filed a timely complaint with the California Department of Fair Employment and Housing (DFEH). Upon receiving a right-to-sue letter, she filed a complaint asserting claims for sex discrimination and sexual harassment in violation of Government Code § 12940, failure to maintain an environment free from harassment (§ 12940(k)), retaliation in violation of § 12940(h), intentional infliction of emotional distress, and negligent hiring, supervision, and retention. 

The employer moved for judgment on the pleadings, based on the plaintiff’s signed application for employment which provided that she agreed “any claim or lawsuit … must be filed no more than six (6) months after the date of the employment action,” and waived “any statute of limitations to the contrary.”   The trial court granted the motion and dismissed the complaint, apparently concluding that the shortened limitation provision was enforceable.  However, the court of appeal reversed, holding that the six-month limitation provision in the application for employment was unreasonable and against public policy, and therefore unenforceable:

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Arbitration Agreements: Enforceability Determinations

By on October 29, 2008 - Comments off

Ontiveros v. DHL Express (USA), Inc., 164 Cal.App.4th 494, 79 Cal.Rptr.3d 471, 103 Fair Empl.Prac.Cas. (BNA) 1300, 08 Cal. Daily Op. Serv. 8379, 2008 Daily Journal D.A.R. 10,045

An aircraft operations supervisor who left her employment after taking a short-term disability leave filed an action against her former employer, alleging sex/gender discrimination and harassment and retaliation for opposing forbidden practices. The plaintiff further alleged that the defendant had failed to prevent her from being subjected to ongoing severe sexual harassment and retaliation following her promotion, and that the employer had aided and abetted in the harassment.

The employer moved to compel arbitration based upon an arbitration agreement the plaintiff had signed upon being hired, which provided that any disputes relating to the applicability, enforceability or formation of the agreement would be decided by the arbitrator.

The trial court denied the motion to compel arbitration and the court of appeal affirmed, holding that the provision was unconscionable:

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