Fenwick Employment Brief - September 19, 2011


In this issue: "Me Too" Sexual Harassment Evidence Admissible; NLRB Focused on Employee Social Media Posts; Employers Required To Post Notices Of Labor Rights By November 14; Employee Not Entitled To Reinstatement Rights After Exceeding CFRA Leave; Court Clarifies Distinctions Between Sabbatical and Vacation Policies; Bombardment Of Employer’s Email And Phone Systems States A Claim For Violation Of Computer Fraud And Abuse Act; California Organ Donor Law Clarified; and Reminder: Employers Must Give 90 Days’ Notice Prior To Requiring Employees To Use Accrued Vacation/PTO.

Excerpt from '"Me To"...':

In a troubling case for employers, a California court of appeal held in Pantoja v. Anton that it was prejudicial error for a trial court to exclude so-called “me too” evidence of sexual harassment of other employees.

Lorraine Pantoja, a former employee of attorney Thomas Anton and his professional corporation, sued Anton and his firm for alleged sex discrimination and sexual harassment in violation of the California Fair Employment and Housing Act. Pantoja alleged that during her employment, Anton slapped and touched her buttocks, touched her leg while offering her $200, asked for a shoulder massage and called her a “stupid bitch.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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