The Los Angeles Fire Department is about to pay nearly $500,000 to settle a sexual harassment lawsuit filed by one of its employees at the Equal Employment Opportunity Commission (EEOC).

For twenty-six long years, Anthony Almeida served the community of Los Angeles under the Los Angeles Fire Department. In 2007, he filed a sexual harassment lawsuit at the EEOC against the Fire Department.

In his lawsuit, Almeida stated how his fellow worker mocked him, used explicit words and called him sexual nicknames after they learned about the sexual abuse that Almeida suffered from a Catholic Church.

Despite Almeida’s repeated complaint to the management of the said Fire Department, all his efforts were proved null and vain. During their investigation regarding Almeida’s complaint, the EEOC found out that the Fire Department failed to sufficiently accommodate the complaints

It was proven in the lawsuit that the Fire Department violated the Title VII of the Civil Rights Act of 1964. The EEOC found a reasonable cause to believe that a violation of the law occurred.

To avoid further litigations, the Fire Department has agreed to enter a three-year conciliation agreement with the EEOC and Almeida, who is represented by his private lawyer.

Many people do not understand what comprises sexual harassment. In truth and in fact, apart from unwanted touching and comments, sexual harassment and discrimination also include dubious images display, sexual nature comments and gesture even though not totally directed to a person but are made in their presence.

In Almeida’s case, he made a wise decision by securing his own private defender in addition to the protection provided by the EEOC. Having the EEOC which provides extensive protection against harassments and discrimination for all types of employees and having Los Angeles lawyers who have dealt with hundreds of such cases of sexual harassment is a good combination.

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Disability is often determined on a case to case basis. Based on Americans with Disabilities Act (ADA) definition, to be considered disabled, one must be substantially limited by his condition or disability and because of this, the employee cannot work or unable to perform his duties in a broad range of jobs. However, a disability that only affects an employee’s ability to perform a few specific jobs is not covered by the ADA definition.

Therefore, an employee cannot be presumed disabled unless his condition is evaluated and certified by a doctor. Similarly, it is illegal for an employer to simply say that an employee is disabled based on certain assumptions or allegations.

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Sexual harassment is a form of sex discrimination which, under Title VII of the Civil Rights Act of 1964 and according to the Equal Employment Opportunity Commission (EEOC), may include the following acts:

• unwelcome sexual advances
• requests for sexual favors
• other verbal or physical conduct of sexual nature

All these acts “ constitute sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”

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When does an act or gesture become an act of harassment? What constitutes sexual harassment?

Among the countless cases of sexual harassment cases in the workplace, one was recently brought by Equal Employment Opportunity Commission (EEOC) against a Michigan-based employer and Burger King Franchise owner for sexual harassment and retaliation.

According to the federal lawsuit, filed in the US District Court for the Eastern District of Michigan, TSW Management, Inc. had violated Title VII when it subjected a group of female employees, including minors, to sexual harassment and retaliation.

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Issues in the employer-employee relationship can sometimes lead to disputes and lawsuits. Workplace disputes however may arise out of different factors that may involve the following issues:

• Workplace safety issues
• Wage and hour issues
• Meal and rest break issues
• Discrimination and harassment issues
• Other labor related issues

However, in a report based on an article by Ellen Savage, labor law adviser to the California Chamber of Commerce, surprisingly, it mentioned that some employer-employee actions “are not required by law” – meaning some employment practices are not really required by law.

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Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964 and under the same law, it is considered as illegal to retaliate against an employee because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Some of the most vulnerable employees to sexual harassment and retaliation are young workers, especially those who are working in the agricultural industry.

In Los Angeles, a sexual harassment and retaliation lawsuit filed by Equal Employment Opportunity Commission against the Adams Brothers Farming, Inc. was recently settled. A teen Latina, who worked as a vegetable packer for the farm in Santa Maria, California, will be paid $20,000 in monetary relief, after she was sexually harassed by her supervisor and fired within 2 weeks after her complaint.

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With more and more women making up the work force, there are just as many female employees who suffer gender discrimination, sexual harassment and abuse at the hands of employers, managers, or even colleagues. Some women suffer in silence, but for some, like the female employees of ABM Industries Inc, it’s time to stand up for their rights.

Following a lawsuit filed the by US Equal Employment Opportunity Commission (EEOC) in behalf of 21 female workers for sexual assault and harassment, the national janitorial services company has decided to settle the suit.

The suit, which was filed in 2007 against ABM Industries Inc. and two subsidiaries, alleged that male supervisors sexually harassed the female employees for years. According to the EEOC, the supervisors exposed themselves to the female workers and engaged in unwelcome sexual conduct such as touching and groping them the women.

It was further disclosed by the EEOC that one of the errant supervisors was a registered sex offender and that at least one female employee has been raped at work.

Although ABM does not admit any fault in the allegations, it settled the case for $5.8 million to the 21 female workers.

Aside from the settlement, the company has been ordered to designate an equal employment monitor and set up a toll-free hotline for complaints.

Sexual harassment is one of the most common violations of employment rights. In fact, in 2009, the EEOC received as many as 12,696 filed by both female and male employees.

But sexual harassment or cases of it is not exactly cut and dried – what is prohibited by law is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Simple teasing or offhand comments which are isolated incidents cannot be considered as sexual harassment. What is important is that the harassment based on one’s gender is so frequent and severe that it creates a hostile work environment. Any adverse employment decision such as getting fired or deprivation of benefits can also be a result of sexual harassment.

Victims of sexual harassment or gender discrimination, unless otherwise extended by their state laws, have 180 days to file a complaint. Time is of the essence so unless you want to tolerate or condone such abuse, filing a sexual harassment lawsuit or report with the EEOC should be done as soon as possible.

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