Kathy from San Francisco writes: “I started working part-time for a small tech start-up in San Francisco in February this year. Last Wednesday, my five-year-old son came down with the stomach flu so I e-mailed my supervisor that evening that that I would not be working my shifts Thursday, and possibly Friday to take care of my sick child. When I returned to work on Monday, my supervisor told me that I should not be taking “so much” time off. I was confused by his statement because I have not taken any sick days since starting this job and just assumed that I had some available. I checked my paystub to confirm how much paid sick leave I have accrued but it did not have that information. I have my six-month performance review coming up. Should I be worried that taking a couple of days off to take care of my sick child will affect it?
JJ writes: “Dear Mr. Dolan: I just started a new job and they made me sign an arbitration agreement. Is that okay- what does it mean?”
Dear J.J: As you have discovered, more and more often employers are requiring employees to sign arbitration agreements as part of an offer of employment. While the arbitration agreement is often mixed in with a stack of other new-hire paperwork, it is much more sinister than most of the other documents employees are asked to sign.
Adam from Mission Bay writes, “Chris, my husband Jeff was hit by a car while crossing the street near our condo. Jeff was in the crosswalk and suffered a fractured leg and a concussion. I did not have any PTO at work. I took off a week anyways to care for Jeff after he was released from the hospital.
My manager was upset with me for not reporting to work. He said he couldn’t get coverage for my shifts and fired me the day I returned to the job. I had emailed my manager that I would not be coming into work to care for Jeff. It’s a big company of about 100 people throughout the Bay Area, with about 50 in my division in San Francisco. I have worked for them for two years and never called in sick. Didn’t I have the right to take time off?”
San Francisco, CA – June 8, 2017 – The Dolan Law Firm, on behalf of their client, Ms. Tishay Wright, filed suit today against Southland Construction Management Inc. and its owners Kenneth & Anita Hayden for racial discrimination and harassment. Ms. Wright, an African American woman, was repeatedly subject to unwanted racial commentary, stereotypes and differential treatment because of her race and gender.
We are pleased to report that the verdict in Williams v. Wyndham Vacation Ownership ranks as the top verdict by VerdictSearch for an individual employment action in California in 2016. The case also ranks as the fourth largest verdict in any employment case (class action or individual suit) in the U.S. in 2016.
Kate in San Francisco writes, “Chris, I worked as a licensed vocation nurse at an assisted living facility for patients with Alzheimer’s disease and other forms of advanced dementia and cognitive impairments. I was a dedicated, experienced professional. Last year, a new company bought the facility. The new management team was focused on cutting costs. Food menus were changed to reduce the quality and quantity of meals. PTO and sick leave for staff were reduced across the board. When anyone was ill, no one was called into to cover their shift. We were regularly short staffed.
Maria from San Francisco writes, “Chris, Susan Fowler’s account of her harassment at Uber seems far too typical of what women in tech experience. Why is it that so many women in tech are discriminated against? What should we do?”
Thank you Maria for your timely question. For those not aware, on February 19, 2017, Susan Fowler alleged in a detailed and lengthy account on her personal blog that she had been discriminated against and sexually harassed by her direct supervisor when she worked as a software engineer at Uber.
Fowler reported the harassment to Uber’s HR department which took no action. In response to the public outcry generated by Fowler’s blog, Uber announced it would undertake an internal investigation.
Maria, I agree that Fowler’s account mirrors the experiences of many women in tech. Nearly a decade ago, the Center for Work-Life Policy (now known as the Center for Talent Innovation) released a groundbreaking study on women in science, engineering, and technology entitled “The Athena Factor.” As their male colleagues’ careers were advancing, the report found women’s careers start to stall, and many became “marginalized by hostile macho cultures.” After 10 years of work experience, the researchers reported that 41% of women in tech left the tech industry, compared with just 17% of men. Recent surveys find women continue to leave the tech industry in mid-career at alarming rates.
Why do women encounter high barriers to entering and advancing in the tech industry? Rampant sexism is the short answer.
Negative stereotypes concerning the abilities of women engineers held by senior managers, severe isolation and exclusion of women from social and networking opportunities, a dearth of women mentors, opaque career paths, and unwanted sexual advances are among the obstacles most often reported by women. In addition, tech firms routinely fail to hold their top performers accountable for engaging in sexual harassment.
Martha, you ask what women in tech should do. Know your rights and object if they are violated is my response. Gender discrimination was once pervasive in the legal, medical and other professions. That is no longer true because courageous women in these fields stepped forward and asserted their legal rights. I believe women in tech should do the same.
Under California law, employers must provide workplaces that are free of sexual harassment which is defined as unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. Further, the law prohibits retaliation for reporting a good faith belief of harassment or discrimination.
There are two primary types of employment harassment: (1) Quid Pro Quo Harassment and (2) Hostile Work Environment. Quid Pro Quo Harassment refers to when submission to sexual
conduct is demanded or made a condition of employment. What Fowler alleged constitutes quid pro quo harassment.
A hostile work environment occurs when a woman experiences severe or pervasive offensive conduct which interferes with her ability to perform her job. The offensive conduct can take many forms including leering, sexual gestures, comments of sexual nature, suggestive or obscene letters, and touching or blocking movements.
Here are the steps I recommend that women experiencing sexual harassment take:
First, create a record of the harassment. Save any relevant email or text messages. Create a written record or timeline of what occurred.
Second, report the harassment to your company. Send an email, or write a note to the harasser’s supervisor and head of HR. Look in your employee handbook to see whom is designated to receive complaints and make sure that they receive a copy too. Keep notes of what you send and whom you speak to. Under the law, the company is obligated to conduct a good faith investigation of the complaint and to take prompt action to stop the harassing conduct.
Third, the employee may file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH attempts to help the parties voluntarily resolve their dispute. If the DFEH finds sufficient evidence of discrimination and settlement efforts fail, the DFEH may file a lawsuit against the company on the employee’s behalf.
Finally, the employee should consider filing a lawsuit, with the assistance of a lawyer, against the person who harassed her and company. The employee must first ask for a right-to-sue letter from the DFEH that will allow her to proceed with a private, civil, legal action against the person who harassed her and company.
Do not delay. The deadline for filing the lawsuit is within one year of the harassment. Most trial attorneys will provide an initial consultation free of charge.
Contact A Sexual Harassment Attorney At The Dolan Law Firm
Chris Dolan and the employment attorneys at the Dolan Law Firm have a long and successful track record in assisting women who have been sexually harassed and discriminated against on the basis of their gender. We represent female employees who have experienced unequal pay, lack of promotional opportunities, hiring discrimination, sexual harassment, and retaliation for submitting complaints of harassment and discrimination, or who have been wrongfully terminated.
We work closely with our courageous clients through each step of the legal process and are dedicated to achieving justice for them. Please call us today at 415-636-8160 or complete the form on our contact page. We will review your case for free, confidentially, and with no-obligation on your part.
A reader who wishes to remain anonymous writes, “Chris, I worked in the accounting department of a health care provider. Last year, my company discovered it had been using the wrong billing code for a key service when submitting Medicare reimbursement requests. This resulted in the government paying substantially more for the service than it should have. My supervisor directed me to compile a list of the overcharges for senior management. The company remedied the error for new reimbursement requests but never informed the government of the overpayments.
Two weeks ago, I sent an email to my supervisor asking why the company had not reported the billing error. I was told the matter had been resolved and not to raise the issue again. I would know if the company reimbursed Medicare for the overcharges. No payment was made. Last week, I was laid off without notice. I believe it was because I complained about the Medicare overcharges. I did not have a contract and they refused to give me any severance pay. What can I do?”
Software engineer Susan Fowler posted on her blog on February 19, 2017, a detailed and lengthy account of sexual harassment by her former direct supervisor at Uber, and how the company ignored her accusations after she reported them to the human relations department.