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SEXUAL HARASSMENT

Workplaces should have a zero-tolerance policy for sexual harassment and sexually offensive behaviors, including physical harassment, unwelcome sexual advances and requests, and verbal, non-verbal, visual, or written harassment, which does not have to involve physical contact. Examples include verbal sexual propositions; innuendos, or comments about the employee’s body; requests for sexual favors; sexual gestures; offensive pictures depicting sexual or sexually suggestive acts; sexual jokes; or references to the employee’s sexual habits or preferences. Either a man or a woman can be a victim or a perpetrator of sexual harassment. Victim and perpetrator may be of the same sex or opposite sexes.

On the state level, California has adopted the Fair Employment and Housing Act (commonly called “FEHA”), which expressly prohibits sexual harassment. On the federal level, Title VII of the Civil Rights Act of 1964 makes discrimination on the basis of a person's sex unlawful.

If you are the victim of sexual harassment or have been falsely accused of sexual harassment, contact an experienced employment lawyer and begin to save evidence.

Title IX of the Education Amendments of 1972

Title IX began as a law to help equalize women’s rights in college sports. But the law goes beyond just providing females with athletic opportunities. It touches every aspect of the education system, including how a school responds to sex discrimination, sexual harassment, and how it responds when a female student is drugged or raped.

To succeed on a Title IX claim, the Supreme Court has held that a claim for money damages based on sexual harassment may arise under Title IX only if (1) "an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the [funding] recipient's behalf has actual knowledge of discrimination in the recipient's programs and fails adequately to respond," and (2) the inadequate response "amount[s] to deliberate indifference to discrimination." Schools are liable under Title IX for only their own misconduct and not just any type of misconduct. The school must be found to have acted with legal culpability known as deliberate indifference. See Reese v. Jefferson Sch. Dist., 208 F.3d 736, 739 (9th Cir. 2000); Fox v. Pittsburgh State Univ., 257 F. Supp. 3d 1112, 1131-1132 (D.Kan. 2017). A Title IX complaint will often say that the school violated Title IX based upon the victim’s gender by depriving her/him of an equal opportunity to finish their education due to the school’s deliberate indifference, or clearly unreasonable, response to the claim of discrimination or sexual harassment, or bullying.

If you are a victim or have been falsely accused under Title IX, contact an experienced Title IX lawyer and begin to save evidence.

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An article by the San Diego Law Library

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An article in The Coast News Group

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An article on KPBS.org

Military & State Secrets Privilege - Navigating Discovery When the Government Claims Privilege

An article in the Daily Journal by Carla DiMare

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Carla DiMare helps settle Beach Boys trade name infringement lawsuit.

New Law Allows Sexual Assault Victims More Time To File Claims

An article in The Coast News Group

Lawsuit: USD Botched Rape Investigation, Mistreated Victim

An article in the San Diego Union-Tribune

Daily Journal, Title IX sexual assault cases not conducive to summary judgment

An article in the Daily Journal by Carla DiMare

Carla DiMare settles sexual harassment suit against the City of San Diego and its former Mayor.

University Student Sues Pursuant to Title IX Over Rape

New Hope For Victims of Childhood Sexual Abuse Seeking Justice

By Carla DiMare, Esq. in the ICSA E-Newsletter

Carla DiMare, Esq. Gives First Amendment Presentation at San Diego Law Library
An article in The Coast News Group

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Carla DiMare settles sexual assault/ecstasy lawsuit.

Carla DiMare represents author accused of allegedly copying a chart