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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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What documentation do I need to build a case for 1)sexual discrimination and 2)discriminat

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What documentation do I need to build a case for 1)sexual discrimination and 2)discrimination. Plus labor law violations? I work as the corporate operations manager for a prominate n. California family owned corporation that is politically connected to the republican party. They farm, have a winery in the gold country and a firewood business. I was hired, I believe, because the "retired" CEO wanted to date me. I have witnesses and emails from him to this effect. I have worked for this company for 3 years and feel that I will soon be forced to "resign" as this is the MO of this person as I have witnessed it. He gets the management employee so frustrated that they resign and he promises them money for not causing "problems" after x number of days . Of course the promise is not in writing. I have also witnessed laborers working off the time clock for what should have been 3 hours O/T.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
To prove a "prima facie" (trans.: "on its face") case for "hostile environment" sexual harassment under either Title VII of the Civil Rights Act of 1964, or the California Fair Employment and Housing Act (FEHA), plaintiff must allege that:

  1. plaintiff was subjected to unwelcome sexual advances, conduct or comments;
  2. the harassment complained of was based on sex; and
  3. the harassment was "so severe or pervasive" as to "alter the conditions of the victim's employment and create an abusive working environment." Meritor Sav. Bank, FSB v. Vinson (1986) 477 U.S. 57.
  4. In addition, to render the employer liable for coworker hostile environment harassment, plaintiff must prove the employer knew or should have known of the harassment and failed to take prompt remedial action. 29 C.F.R. 1604.11(d).

To establish a prima facie case of gender discrimination, a plaintiff-employee must show that:

  1. she is a member of a protected group;
  2. she was subjected to an adverse employment decision;
  3. she was qualified for the position; and
  4. she was replaced by a person outside the protected class, or similarly situated non-protected employees were treated more favorably." Vincent v. Brewer Co. (6th Cir. 2007) 514 F.3d 489, 494.

Hope this helps.

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