California Sexual Harassment Legal Questions

Good afternoon, First and foremost, there is only one correct statement that the shool has made and that is "the touching was intentional".  Of course it was, since your son was trying to help his friend, it intended to swat the bee.  That does not mean that your son intended to touch his friend sexually.  Intent to bring about sexual conduct differs from intent to swat the bee, same intent but two different reasons.  "Acquiring an understanding of intention is an important development for children for at least four reasons (cf. Flavell, Miller, & Miller, 1993). First, it helps them understand how people and other animates differ from objects. Unlike the case with objects, much of the behavior of persons is caused by their intentions. Many of their actions are voluntary and willed, generated and impelled by their intentions. Second, an understanding of intentions is necessary for understanding morality and responsibility (Shantz, 1983). Children must learn that people merit praise or blame in good part as a function of whether what they did was intentional or unintentional. Third, some understanding of intention would appear necessary for an understanding of plans and planning, because plans consist of intentions (Bratman, 1987); such understanding may also help children formulate and carry out plans.  Finally, learning about intentions and how they are causally related to other mental states and to behavior is a significant part of their general theory-of-mind development, an area of cognitive development that is currently of great interest to developmental psychologists, philosophers of mind, and others; for reviews of work in this area, see, for example, Astington (1993), Flavell and Miller (1998), Lewis and Mitchell (1994), Moses and Chandler (1992), Perner (1991), Wellman (1990), and Wellman and Gelman (1992). The purpose of the studies reported in this article was to find out when children begin to acquire this understanding."  [Young Children's Understanding of Intention, Cognative Development, 14, 463-489 (1999) ISSN 0885-2014, 1999 Elsevier Sicence Inc. It would be at best very difficult for the School District to substantiate Intent on the part of your 6 year old son.  I am wondering if you were ever contacted by the district, interviewed by any of the school personel, or perhaps a school police officer.  Never-the-less, you should strive to remove the reference to the incident from his file sooner than later and do not want to have this in his educational records.  they may be resolved by a letter from your attorney, or may take a bit of work, but should be done. I hope this was helpful to you.... Read More

Sexual assaults by passengers aboard commercial aircraft are prevalent.  In March 2018, Congress directed the Department of Transportation to develop rules to deal with sexual assaults aboard aircraft. In May 2018, Congressman Peter DeFazio introduced the "Stop Sexual Assault and Harassment in Transportation Act." In June 2018, the FBI noted an "alarming" increase in the incidents of sexual assault aboard aircraft. In October 2018, the Association of Flight Attendants (AFA) released results of a survey of over 1,900 flight attendants regarding passenger-passenger sexual assault.  The results are here.  I would recommend that you take a look at AFA's list of articles on this issue. You have a case of sexual assault/battery against the assaulter.  But, he may not have sufficient assets. I would be curious to know if he was traveling for work or personal reasons or has history of assaults.  The airline may also be liable as a "common carrier;" i.e., a business that transports people or goods from one place to another for a fee.  In California, common carriers owe passengers the "utmost care." To prevail, your wife would have to show the airline knew or should have known the man was reasonably likely to commit assault, and the airline could have prevented or reduced the harm caused by the assault.   I would like to know whether the man was visibly intoxicated? Loud, slurring words, etc.?  Was he intoxicated when he boarded?  Was he served alcoholic drinks? How many? Did the flight crew say/do anything showing they knew he was intoxicated/problem prior to your wife's assault?  Did you or your wife complain about him prior to the assault?  Did you complain or ask to change seats before/after your wife was first groped? Were you seated together? Did anyone else complain about him prior to your wife's assault or warn the flight crew about him? Red-eye flight? Over what period of time did the groping occur? Which airline?... Read More

It would appear to me that the unwanted touching coupled with his statements would indeed be viewed as sexual harassment. What I would recommend that you do is inform him that his statements and toluching are unwelcolme and that you would appreciate it if he would refrain from doing that in the future...should it continue I would repoort it to either HR or your supervisor (in writing)..Stephan Math - smesq1@aol.com/stephanmathlaw.com... Read More

Because sexual harassment is in fact a violation of law which requires employers once they are aware tlo take action, your status as a probationary employee is irrelevant so, the answer is yes, you can sue your employer for sexual harassment, retaliation and wrongful termination. Of course, much would depend on the evidence that you have that you made the colmplaints..hopefully these were made in writing. In California, if you are to make any claims of violations of the Fair Employment and Housing Act..that Act requires that you first file a complaint with the California Department of Fair Employment and Housing within one year of your having been terminated. Once you file that complaint you have the option of either allowing that agency to investigate the complaint or, you may elect to retain private counsel to file a lawsuit.  Stephan Math (805)300-2097  ... Read More

Before advising you further I need you to clarify whether the attacker has been permitted to return to school or whether his presence at the school was for the one meeting you describe. Also were you or your daughter notified that he would be on campus for a meeting prior to the scheduled meeting. ...Stephan Math Esq., smesq1@aol.com... Read More

I would have to review the messages that you received from this Manager. When you say the manager partners with your boss, are you saying they are close friendsa or what specifically is their relationship?   Did this Manager have any direct or indirect management over you?   How long did you work for this company?   I would be happy to review any of the written materials that you have. You should also write a detailed chronology of the events and finally, when were you terminated?....smesq1@aol.com; Law Offices of Stephan Math... Read More

At the outset of a new school year we get a number of telephone calls from clients to determine what can be done to remedy a persistent bullying or harassment problem confronting their child at school. There will always be children with discipline problems, but the way schools have approached the problem of bullying and harassment has changed significantly in the last ten years. The Columbine High School massacre of 1999 prompted changes in the law throughout the country with many states adopting a zero tolerance approach. In nearly all circumstances, when we educate a client about their child’s rights, they are able to prompt their school administration into remedying a bullying or harassment issue without our legal intervention. This is a preferred outcome because it resolves the problem without getting into an unnecessarily adversarial relationship with your local school board. I practice in New Jersey. In this state, bullying is prohibited and the antibullying policies have to be posted on a school district's website. Additionally, anti-bulling policies have to have protocols that spell out how a school is obligated to respond to complaints of bulling. States tend to mirror each other's legislation, so check your school website to see if there is anything posted.  Alternatively, Click here for California's anti-bullying law.  Essentially, educate yourself about what your school district's obligations are, and then call the principle and tell him you want to register a complaint and you expect them to follow the policies and procedures they are required to under the law. If that does not resolve the issue, send a letter to your local board of education via fax and regular mail, carbon copying the principle, advising that the principle is not following district policy. If that does not work, then you should consider hiring a lawyer.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More