http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/12/03/BAQH1AUD7R.DTL&feed=rss.news

yes, i do.

My boss touched me on my buttocks twice within a 3-4 week timeframe. I didnt report him bcz I was afraid of what would happen to my position and I also didnt want to go through the drama and hassles involved in situations like this, I also did not want to get HIM into trouble and cause him to lose his job. However, after the 2nd time he touched me, I confronted him and he apologized but I felt uncomfortable being around him after that and I reported him. I’ve since been taken off of my job working for him and I am working elsewhere within the firm, they are handling him (I dont know what’s going on yet but he’s received calls and things ARE going on right now as I type this question). What I want to know is, do I have a sexual harassment case regardless of whether the firm is doing their part or do I have to wait to see whether he’s fired or resigns, what are my options, what happens in cases like this and what options do I have? Do I do a lawsuit anyway?

If they are taking care of him, then it may be better to avoid further controversy.

My boss recently told me that I was not being given any more shifts than my one day per week, due to the fact that I was male (she is female). She then hired a new female worker, giving her all the shifts that should rightfully be mine.

Her reason behind her not wanting me to work was because she "didn’t want there to be more men working than women" [exact quote].

Could I file a lawsuit against my employer because of this, according to Canadian law?

Speak to someone at the Ministry of Labour in your province, and consult a Legal Aid lawyer, if you have copies of your shifts before the talk with the manager, plus in some case at least here in Ontario you have to have worked there for 3 months to have any grounds for action, most other provinces to. I am a former chef and worked in 7 of the Canadian provinces before I retired as a chef, and check with the local labour standards department.

The thing is it will your word against hers and they would have document the number of male to female workers also, just make sure before you do anything to check and ask questions to the right people.

A physician whom I was a patient of, began sexually harrassing me for the duration of our doctor/patient relationship. I then started to bring my husband with me once I felt this harrassement was getting out of control. A few months later, I fired the physician from treating me. He is a specialist and it is difficult to find a good specialist in this particular field, which is why I put up with it as long as I did (about 7 months). What is the first step I need to take, and will I be taken seriously, since I waited 6 months after firing him, to file a lawsuit?

Filing a lawsuit is not your remedy. You need to take it to the medical licensing board and lodge a complaint. You will also take it to your state human rights commission. Was a nurse in the room during exam times? How was he sexually harassing you? There are statutes for the Human Rights Commission complaint – so it is best to call in your state to find what that is. The medical licensing board is where you report unethical behavior – and that is what you’ve experienced. Good luck to you.

Do you believe law enforcement offices should be held responsible for setting free back into society illegal aliens who commit more serious and drastic crimes?

Would more lawsuits like this force law enforcement officers to do their jobs and stop releasing these people back into society?
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CityDeputies failed to report illegal immigrant’s status, lawsuit says
by Steve Mayes
Thursday August 13, 2009

OREGON CITY — The family of a Texas girl murdered in 2007 is suing Clackamas County, claiming law enforcement officers knew her killer illegally entered the United States and failed to report him to immigration authorities.

The estate of Dani Countryman is seeking $3.5 million in damages, according to the Clackamas County Circuit Court filing.

Countryman, 15, died during a sexual assault July 28, 2007, after an all-night party at an Oak Grove apartment complex. She was in Oregon visiting relatives.

Edward S. McGlone III, assistant Clackamas County counsel, declined to comment on the complaint.

Alejandro Emeterio "Alex" Rivera Gamboa, 26, was sentenced to life in prison, with the possibility of parole after 35 years. He attempted to subdue Countryman, fatally choking her, as his cousin, Gilberto Javier "Gabe" Arellano Gamboa, tried to rape her.

Arellano Gamboa, 25, was sentenced to five years, 10 months in prison.

Both men were in the country illegally and will be deported to Mexico after serving their sentences.

The lawsuit claims that a Clackamas County probation officer and unnamed sheriff’s office employees failed to report Rivera Gamboa to the Immigration and Customs Enforcement.

The Oregonian reported that Rivera Gamboa pleaded guilty to drunken driving in November 2006. He signed a plea agreement that stated he was not a U.S. citizen and was released without anyone in the criminal justice system notifying immigration authorities.

–Steve Mayes; stevemayes@news.oregonian.com

http://www.oregonlive.com/clackamascounty/index.ssf/2009/08/deputies_failed_to_report_ille.html
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EDIT: Answer question, no ranting about my choices.
The question was not about citizens, it was about illegal aliens who are not suppose to be here. Please answer the question posted?
greasy, you are ranting, this is not an answer to the question posted. And contains non-relevant links to external sites or other questions and is promoting your own blog or website

Yes and I agree with Sasori. Plus, both men should be executed.

Additional Information: Section 287(g) of the Immigration and Nationality Act (INA) was made law in the United States in 1996 as a result of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Section 287(g) authorizes the Secretary of Homeland Security to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement officers. Under 287(g), ICE provides state and local law enforcement with the training and subsequent authorization to identify, process, and when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity.

More Additional Information:

The way it was explained to me by someone I know with several years of experience as an immigration officer, not all police agencies that arrest illegal aliens contact ICE or the Border Patrol to come and pick them up. He said some police departments call but not all. Degrees of cooperation vary tremendously.

For example, in Buffalo, the Border Patrol had a station, and they did very good liaison work with the local police department, so the police department called the Border Patrol when there is a case of an illegal alien.

Another example is in Boston, there is no Border Patrol, just ICE. If the relationship between the Boston Police Department and ICE is good, they’ll call. In Las Vegas, they call ICE more often than ICE would like. However, in Los Angeles, the police officers would never call based on just an illegal alien (with no hard criminal record).

In New York City (another sanctuary city), the police officers would never call ICE for an illegal alien unless that person is involved in a hard crime. The mayor of New York City will never address that issue.

10 employees, 5 were women. however only 1/3 of the company employees were women. this discrepancy has led women who were fired to file a sexual discrimination lawsuit. do they have a legitimate claim?

To calculate the probability that half the laid off employees were women but only 1/3 of the workforce was female exactly, we’d need to know the size of the company.

It will come out differently if they started with 15 employees (10 men and 5 women) or 1500 (1000 men and 500 women).

The larger the total workforce, the weaker the claim, because it would be more likely to occur ‘by chance’.

The extreme case would be the smallest one: 15 employees, 10 fired.
In that case, there are 15 C 5 ways to choose the 5 employees not fired, (of 15 C 10 ways to choose the 10 who got the axe, same result). And 10 C 5 ways that either group (the 10 or the 5) has 5 men.

10C5 = 252,
15C5 = 3003
So the chances that it would come out this way are 252/3003
or about 8.4 %.

I’ll leave it to the lawyers to decide if that would merit a suit.
The fact that all the women were fired might strengthen their case.

If the company is larger, it will be different:
To keep the numbers from getting out of hand,
let’s say there were 120 people employed (80 men, 40 women)
Then there are 120 C 10 = 116068178638776 = 1.16068179 × 10^14
ways to pick 10 people to fire.
Of those, to pick 5 men and 5 women, there are
80C5 * 40C5 ways = 24040016 * 658008 = 1.58185228 × 10^13

So the probability that it came out this way is
(24 040 016 * 658 008) / 116068178638776 = 0.136286474

About 14% chance.
That’s about 1 in 7 chance.

I don’t think it would be a very strong case of discrimination.

I am seeking a sexual harrasement lawsuit . I have an attorney
who has said it is a winnable case. but I m not happy with how he is handling my case it is often hard to contact him and he acts to busy to respond to my concerns plus he is not that close to where I live, but he is taking my case on a continuence fee basis because I do not have the money up front to pay him …… Can someone tell me where I can find a different attorney that works with clients on a continuence fee basis and handles sexual harraement cases out side the work place

First you have to tell us what state you are in…only an attorney licensed in your state can help you.

Also you need to contact your attorney first and see if you can fix the problem…the problem is you haven’t given him any money and he potentially might nto get paid so he is turning his attention to making sure his rent is paid…not the ideal way to behave and I would like to see more of him. But remember the attorney should contact you whenever he has more info…not always when you call…some clients literally call every day with nothing to give and this can waste alot of time the attorney needs to spend on your case or others.

Also remember this even though you are on a contingency fee…if you fire him to get another lawyer he must be paid for the work he has done. So this means if you get another lawyer he gives you the file with the work done so far…then you go to another lawyer and you win. The first lawyer you fired is entitled to a reasonable fee for the work he has done. Consider this if you decide to fire him.

…We have cameras in the place I work and alot of the stuff is on camera. Do I have to file a lawsuit or can I just file charges?
I don’t have the money to get a lawyer and am worried about ruining my professional reputation by creating a media storm because of the postition I hold. There was physical touching though it was not a sexual act. It was rubbing my shoulders and touching my arms and stuff. He also had nasty pet names for me.

Unless he physically touched you in a sexual way, then I would say no the police can not be of assistance.
However, you need to report the sexual abuse, your employer by law has to protect you from the sexual harrasment. If it continues even after you file a complaint with your employer then you need to do the following.
1. Get a copy of your employee handbook where there is a section on sexual harrasment… then
2. Contact an attorney who has taken on harrasment cases before and experienced but who will also take it with out payment unless you receive compenstation.
3.You are the attorney file a complaint with the EEOC (equal employement in front of any phone book) and have them do an investigation
4. Contact the BBB (better business also in phone book)
I had a simular experience 15 years ago, where I was a CNA and I was newly pregnant I was harrased by my male supervisor who was a nurse. After numerous time of harrasment when he became physical with me is when I filed a report with the director of the nursing home. I was informed they would take care of the problem, this was on a Friday. Monday I was fired.
I did all the above things, and they ended up settling out of court for 1 years worth salary in one lumb sum please they had to make 750.00 a month payment to me for a 1year, and any job I held making less then what I was making there when I was fired they had to pay the diffrence in my wage.
The system does work, however it took me nearly 2 years as the owner of the company was an attorney and fought tooth and nail. But I won in the end, and they had to give me a written apology.
Good Luck! hope this helps

we live in a small area where everybody knows each other’s business and sexual harassment lawsuits are never ever brought up… so please don’t bring it up. anyways, one of my co-workers (who’s in higher authority) continuously flirts with me. he’s married, i’m married, and i’m definitely not interested. i’ve subtly told him to stop… please bear in mind that he’s in higher authority… but he doesn’t seem to care. i know… no work is worth it, but good careers are hard to come by these days… and i love working there. i’ve tried to stay away from his area daily, but his area is where we have to be in daily! he doesn’t do it in front of people, but sometimes he whispers and he softly (as if accidently) touches me. i’m getting annoyed. what can i do that is professionally appropriate?
when i say things in a subtle manner, there’s a lot of kindness in it, rather than an attack.

Since you don’t care if laws are broken I am not sure what you are wanting done.
Try answering his soft spoken questions loudly and say something like "You wouldn’t say that if my husband or your wife was here"!
By allowing this to continue you are condoning his behavior and being a part of it, so you are guilty too.

I was reading that the inability to censor thoughts before speaking was a characteristic of ADD. I am wondering if anybody has used this as a defense in a sexual harrassment lawsuit? What was the outcome?

I did a little research but didn’t come up with anything on specific court cases. I am sure it has been tried — people will try any sort of excuse, if they have no better options left to them.

In general, the typical precedent here is that people are always responsible for their actions.

(Note the whole Andrea Yates thing — she was obviously suffering schizophrenic breaks from reality and the largest precursor to her crime of killing her children had been the fact that her doctor took away her medication… and the jury still found her guilty in the first trial.)

Since ADD is a treatable disorder and is clinically observable, and because the patient is usually aware of their behavior, they are considered responsible for whatever they do. Just as the "I was intoxicated and didn’t know what I was doing" defense won’t fly, neither will the "I’ve got ADD and am prone to compulsive sexual harrassment of women."

But I’ll speak from personal experience. One of my sons is diagnosed with ADHD, and the "I can’t control myself" defense doesn’t fly in our house either.

The deal is that he is so aware of outside stimulations that he can’t prioritize what he focuses on. The medication "wakes up" the part of his brain that allows him to mentally focus on one thing at a time. We’ve had variable results with the medication over the years.

Yes, he is vulnerable to the behavior you suggest. He can be loud, extraverted, stop thinking about the result of his actions, be very insensitive to others once he "gets on a roll," and doesn’t even seem to notice how he’s hurting someone’s feelings.

But some of that has been under his control. He DOES regulate his own behavior — it’s just easier for him to get caught up in what he’s saying or doing and not think about the ramifications on others. So he IS responsible for what he does and says.

Likewise, we’ve had to work with him to sense that when other people are mad at him, he needs to stop and think about why they are mad rather than just getting more aggressive and defensive. If everyone is mad, it means there’s a problem; and he needs to review his behavior and find a different way of doing things.

A guy who habitually sexually harrasses women, especially after they’ve already made their discomfort known, is not taking control of his behavior as much as he could be. Even if he’s still prone to blurt out stupid things without thinking, if he was concerned, he would take the complaints seriously enough to review what’s been happening and ask for outside advice on what to do in order that everyone would feel better, if he cared to do so.

Yes, the ADD makes it harder for him to get a grip, but that’s not an excuse, and he has some control over how to deal with it.