Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

Diana Maier of Bushnell, Caplan, Fielding & Maier, LLP spoke on Saturday, February 24, 2007 in San Francisco, CA on sex harassment issues.

Many retaliation cases in employment law relate to leave and sex harassment issues.

Carter v. California Department of Veteran’s Affairs (2006) 38 Cal. 4^th 914 is a case on sex harassment that resulted in the employer becoming potentially liable for sex harassment of its employees by non-employees.  Non-employees include clients, vendors.  A manager is attributed knowledge of harassment when there is a complaint, and needs to prevent liability by taking immediate actions to correct or end harassment.  In sex harassment cases, there may be an argument on retaliation if the complaining party ends up being investigated instead of the accused.

In disability and family leave rights, the employer may review the timing of a person’s termination to ensure that an opportunity is not created for the employee to argue that he/she is being retaliated for taking leaves recognized by the law.