MS. Olivares worked as a dental assistant for Colton Dental Group (CDG) which is owned by dentist, Sam Dason. In May 2011, Dason told Olivares that employees from his San Bernardino office would be attending a dental convention in Las Vegas and invited her to come. After confirming that her coworker, Karen, can join her, Olivares agreed to go. When they arrived in Vegas, Olivares and Karen learned that there was no dental convention. Instead, Dason took them zip lining and to go watch a show. To their dismay, they realized that Dason had taken them to watch a topless show that involved female nudity.
Throughout the time that Olivares worked for CDG, she was often subjected to offensive sexual comments and conduct from Dason. Dason told Olivares sexual jokes, made comments about her body, leered at her, and inquired about her sexual habits. Dason would inappropriately touch Olivares on her arms, her bare knee, and stare at Olivares’ breasts in a sexual way on many occasions.
Once, Dason grabbed Olivares buttocks. When Olivares objected, Dason apologized, and promised not to do it again. However, a few months later, Dason again grabbed her buttocks on two separate occasions, and on one occasion, her breast. Olivares had complained to her manager several times about Dason’s conduct but the harassment did not stop. Olivares confronted Dason about his unwelcome touching. In response, Dason stated that Olivares has an attractive smile and it was hard for him to stay away. He apologized, and promised to try not to behave inappropriately.
Olivares, a woman in her early twenties, fresh out of dental school, with a young daughter she was supporting on her own, could not afford to lose her job and so tried to keep working in this environment.
In January 2013, Olivares requested a raise from the company but Dason, the company owner, told her that he would give her a raise if she agreed to go to Las Vegas with him when his wife was out of the country. Olivares was forced to quit. She then sued the employer for wrongful termination and sexual harassment.
Courts have recognized two types of sexual harassment. The first type is called quid pro quo harassment. This harassment typically exists when submission to a sexual conduct is made a condition of employment benefits, such as a promotion, a pay increase, or a job itself. In Olivares’ case, Dason offering to give her a raise in exchange for her going with him to Vegas may be considered quid pro quo harassment.
The second type involves harassment created by a “hostile environment.” This claim may arise where unwelcome sexual conduct unreasonably interferes with an employee’s job performance or creates an intimidating, hostile or offensive working environment, even if it does not lead to tangible or economic job consequences. In the Olivares case, Dason’s unwelcome and offensive sexual comments and inappropriate touching of Olivares despite her requests to stop created a hostile work environment for Olivares, even if there was no threat of her being fired or demoted.
In either type of sexual harassment, the complainant must establish that the sexual conduct is unwelcome. This means if the sexual attention is welcomed or consented to, it would not be harassment. Additionally, petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegal harassment. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
After the bench trial, the judge found in favor of Olivares and awarded her $1,742,691 (which included $16,735 in economic damages, $1 million in non-economic damages, $17,694.60 in total labor code damages, $100,000 in punitive damages, and $608,261.12 in attorney fees and costs).
The area of sexual harassment litigation involves rules that are continually evolving. If someone feels that he or she has been the victim of sexual harassment in the workplace, it is always a prudent idea to consult with an experienced employment attorney to discuss legal remedies.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant recoveries for thousands of employees and consumers. He is named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum.
