Las Vegas Injury Lawyers Blog

Under Title VII of the Civil Rights Act of 1964 and the Nevada Fair Employment Practices Act (NV Rev. Stat. Sec. 613.310et seq.), Las Vegas employers with 15 or more employees may not discriminate against their employees on the basis of sex or sexual orientation/stereotyping. As of October 2011, Las Vegas employers also are prohibited from discriminating based on gender identity. For federal and state purposes, sexual harassment is sex discrimination. Two of the biggest obstacles in any sexual harassment case are 1) defining what sexual harassment is, and 2) sufficiently proving that sexual harassment occurred.

What is Sexual Harassment?
"I know it when I see it." These words, uttered by Supreme Court Justice Potter Stewart in describing his test to determine what is and is not pornography, can also be aptly applied in describing sexual harassment - the person allegedly harassed knows it when they see or feel offended.

The victim can be the person directly harassed, or someone offended by the conduct. Additionally, the harasser can be a fellow employee - supervisor or co-worker - or someone who has a business relationship with the employer - agent or client.

Generally acts of sexual harassment fall into two categories:

Quid Pro Quo: A person in a position of power makes sexual demands on another person by or through direct or overt pressure.

Hostile environment: The work environment allows unwelcome sexual behavior that creates an offensive, hostile, or intimidating workplace, affects the victim's employment, or unreasonably interferes with the victim's work performance.

Sexual harassment generally includes the following type of behavior:
1) sexist statements or behavior that insult or degrade one's gender; for instance, making sexual comments about another person's body parts or appearance, telling lewd jokes, or divulging sexual anecdotes.
2) unwelcomed or inappropriate physical or verbal seductive behavior, such as sharing or posting sexually inappropriate images, making sexual gestures, touching, or asking questions about one's sexual history or orientation.
3) sexual bribery or coercion, which includes a promise of reward for engaging in or threat of punishment for not engaging in a sexual activity.

Proving Sexual Harassment
The burden of proof to prove sexual harassment occurs is always initially with the alleged victim. In addition to showing an act or acts of sexual harassment occurred, the victim must also demonstrate that they are part of a class protected against sexual harassment, a complaint (preferably in writing) was appropriately made to management or followed the employer's stated chain of command in such situations, and that the employer failed to act on the complaint. Once the victim meets this burden, to avoid damages, a Las Vegas employer must show the complained upon acts did not constitute harassment or were not sexual in nature, the victim was not a member of a protected class, no or an insufficient complaint was made, and the Las Vegas employer properly acted on the complaint.

While sexual harassment may occur without economic injury to or discharge of the victim, economic injury - firing, suspension, demotion, and relocation - and other forms of retaliation -ostracization, coworker harassment, and undesirable changes to job duties - towards the victim are also prohibited. A separate cause of action for retaliation is available to the victim, and if proven, can strengthen the victim's sexual harassment case.

Continue reading "Sexual Harassment is Sexual Discrimination" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

When I was little, I was taught that sticks and stones may break my bones, but words will never hurt me. While comforting as a child, this is sometimes not the case as a Las Vegas adult living, in a vibrant and sometimes ugly, world of communication. Words have amazing power and can change the course of someone's life. However, this power is not found in the word, but rather from the person who is communicating the message. The message that is being transmitted when we communicate with words is filled with our thoughts and emotions. It is a child's folly to believe that what people think about us does not matter.

For better and for worse, we are subject to people's opinions. They can carry us through tough times or push us directly into them. It is for these reasons that jokes, snide remarks, and harassment can have a real impact at the work place. However, sexual harassment may have a greater impact, being that it is often harassment regarding a sensitive nature. When executives in charge participate in sexual harassment, the damage can be much worse.

A sexual harassment case has been settled in favor of Londi Lindell for $1,000,000. Lindell worked as the Mercer Island Deputy City Manager for several years. In her legal claims, she alleged that City Manager Rich Conrad fired her because of her objection to how he conducted a disciplinary matter. Further, she claims that several employees of the city participated in inappropriate behavior and jokes regarding human anatomy.

Lindell's case was settled with the city's insurer. Under the settlement agreement, Lindell work records will say that she resigned from office, she will receive a letter of recommendation, and the city will pay a job search firm to find a new job for her. Lindell says the reason she sued, was because of the careers of those who had to work within the conditions at the city.

While the parties worked out a solution in this particular case of sexual harassment, it has not alleviated the problem. Sexual harassment is a form of actual pain that causes actual suffering. When people are forced to work within these conditions, they are being forced into a form of torture. Sexual Harassment is actually a form of sex discrimination (see What's Wrong With Sexual Harassment?). Preventing sexual harassment is not just a good thing to do, it is the right thing to do.

A full article can be found here: Former Mercer Island official settles harassment suit for $1M

Continue reading "$1,000,000 For Sexual Harassment" »

The workplace needs to be one of the most secure environments individuals interact with. The reason is that unlike a public park or street we are not free to come and go as we please. The workplace for most Americans confines us to a limited area for a certain amount of time and we are obligated to be there. It is for this reason that a hostile environment that is filled with any form of harassment must never be allowed to flourish. It is this sanctity that led a jury to award Ashley Alford $95,000,000 in what has become one of the largest sexual harassment cases the United States has seen.

As American's most of us enjoy a work environment that is free from sexual advances from our bosses or inappropriate comments but not every work environment lives up to this standard. In fact some business travel down a very dark road filled with denial and turning a blind eye. It is this attitude and mentality that is the most threatening to American prosperity. It is a problem that cannot be tolerated now or ever for it will directly affect our financial future and moral paradigm.

If we take a look at the actions that were allowed to take place we can quickly see the immense impact of allowing such behavior to continue elsewhere and why it must be stamped out. Ms. Alford was given a job working for Aaron's, a rent-to-own retailer, and while it may not be anyone's dream job she enjoyed working for the company. The trouble started after she had been working there a while when her boss would make lewd comments to her. Ms.Alford was offended by such comments and found them repulsive but was unable to stop the advances. She found herself in a difficult and terrible situation where she could not see an exit. Her boss held her livelihood in his hands and would not stop the sexual advances towards her and company officials were not there to help. The situation became much worse when her boss turned his comments into acts and walked up behind her and while she was sitting placed his penis on her head. However this was only a prelude to when he would eventually hold her down against her will, lift up her blouse and proceed to pleasure himself over her.

Eventually Ms.Alford reported the incidents to a hotline but received no reply or relief. In fact what she got was almost as harsh and as cold hearted as the victimization she had been faced with her boss; she was denied opportunities to advance.

This behavior is unacceptable on every level and in every way. Employees cannot freely leave a situation that has become hostile or dangerous, least they risk losing their livelihood. When a company refuses to offer recourse for such dangers a great travesty is posed, "Is this suffering worth more than losing my shelter, food and transportation?" These are questions no one should ask and protecting the safety of our workplace is protecting the safety of our economy.

A full article can be found here: Jury awards $95 million in Fairview Heights sex harassment suit

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of a hostile work environment and would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

Las Vegas resident, Cameron Thomas, 27, was arrested Wednesday, January 5, after an investigation into sexual assault and predation. According a Las Vegas Sun article, officials reported Thomas was charged with first-degree kidnapping, six counts of sexual assault of a victim under 14, three counts of lewdness with a minor, and attempted lewdness with a minor under 14.

Arizona Child Protective Services (ACPS) contacted Metro Police after two child care centers alleged sexual abuse.

The on-going abuse mostly occurred in Thomas' home, where two of the victims, who were 5 or 6 when it began, were visiting with their mother who was a friend of the perpetrator. Thomas is being held without bail and has a court appearance scheduled today.

Continue reading "Child Care Center Employee and Sexual Predator Held without Bail" »

SAMPLE SEXUAL HARASSMENT CASE

Haylie works at a gaming company in Las Vegas, Nevada. Her co-worker, Fred, starts to make inappropriate sexual comments to her on a regular basis. Haylie tells Fred to stop, but he kept making the comments over and over. Fred isn't stupid though. He only makes the comments when nobody else is around.

Haylie then sends Fred a text message telling him, "Fred, you are really making me feel uncomfortable. Your comments need to stop." Fred texts back, "You know you like it." Haylie saved the text. Fred sends several more inappropriately harassing messages to Haylie.

Haylie smartly went to her human resources department and reported Fred for sexual harassment. The Human Resources Director did nothing about it.

Fred continues to harass Haylie. Haylie decides to record freaky Fred on her phone. (In Nevada, recording another party to the conversation is legal, as long as the conversation is in person and the person doing the recording is a party to the conversation). On the recording, Fred is heard saying, "I really want you. I won't give up, no matter what you say." Haylie responds, "You need to stop." Fred then grabs Haylie inappropriately.

Haylie continues to work at the Nevada-based gaming company, Fred continues to harass Haylie. Eventually, Haylie gets a new phone, and saves the old phone at her house. Unfortunately, Haylie's 2 year old child gets a hold of the phone, and drops it in the toilet. Gone is the recording, gone are the text messages.The only evidence Haylie has is that she went to Human Resources.

Haylie should have placed the telephone in a secure area to ensure preservation of the evidence. The case is now much tougher, because, essentially, Haylie has only a fraction of the documentation for the jury.

OUR OFFICE

The lawyers at the Las Vegas office of Parker Scheer Lagomarsino repeatedly advise their sexual harassment clients to save all of the evidence. Save Facebook and Myspace postings, e-mails, texts and recordings. These are the lifeblood of your case. While credibility of the client is always an issue, neutral evidence is the most effective in presenting your case.

We also recommend that you contact our office early on if you are being harassed. We can then advise you on how to best conduct yourself so all of your rights are protected.

Please feel free to contact us with any questions. We offer free, no cost consultations at all of our offices, including our Las Vegas office. You can reach us through our toll free telephone number 1-866-414-0400.

Location: Las Vegas, Nevada

Q: Did Brett Favre Sexually Harass Jenn Sterger?

A: Unknown at this time.

Sexual harassment is defined as continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes.

Under this definition, did Brett Favre commit sexual harassment? It's complicated. The answer may not be as straightforward as one would think.

As this story plays out in the national media, legal commentators are dusting off their Armani suits and best ties to prepare for "talking heads" gigs on the networks to talk about the legal implications of this case.

As of the writing of this article, the NFL is investigating allegations that Brett Favre left sexually charged voicemails for Jenn Sterger while he was quarterback for the New York Jets and she was an employee as a sideline reporter for the Jets.

Investigation is the first step of any sexual harassment situation. Most likely the NFL is conducting interview of witnesses and examining the evidence. Was the future Hall-of-Fame quarterback's alleged conduct welcome? We know what Favre is alleged to have sent to Sterger. The question is what, if anything, did Sterger send to Favre? If the conduct was mutual and wanted between the two individuals, there is no sexual harassment. A scandal does not necessarily mean that there is a case.

In general, it is not against the law to have an affair with a co-worker, however inappropriate it may be in light of other circumstances (like one of the participants being married). Many employers have policies that forbid workplace romance. Other employers will not take a position.

The next question: What part of the conduct was wanted or unwanted? For example, if two employees have a voluntary affair, and then one cuts it off, but the other persists and it affects the employment of the victim, there could be sexual harassment issues. Having a voluntary relationship with a co-worker does not give the jilted co-worker license to harass for all time.

Many of these issues arise daily in Las Vegas casinos and workplaces between co-workers and management. The time limits to take action are very strict. Failure of a harassed employee victim to take action can result in the claim being barred.

Continue reading "Brett Favre Case Gives a Glimpse Into Sexual Harassment Issues" »