San Francisco employees, like employees everywhere, have the right to go to work and do their jobs without unwanted sexually-charged distractions or behavior. One would think that employers would universally respect this right and encourage their workers to exercise it. But in some cases, the opposite becomes true when employers either facilitate or tolerate such behavior. When aggrieved workers bring legitimate claims, they react defensively and harshly. In such an environment, many people feel they have nowhere to turn.
You can always turn to the dedicated attorneys at Bogaards Law. We are committed to helping employees defend their right to discrimination and harassment-free workplaces in San Francisco. We cannot wave a magic wand and make that happen, but we can do our part by holding negligent employers accountable for their actions. We can work to obtain the compensation and justice that employees deserve. That is what we do.
At its core, sexual harassment is a sexually-charged impediment to effective job performance. Removing that impediment benefits everyone. For that reason, and because sexual harassment is such a hot-button issue, many of these claims settle out of court and on favorable terms.
Under Title VII of the Civil Rights Act and applicable California employment laws, there are two types of sexual harassment claims in San Francisco:
Many sexual harassment claims are retaliation claims. Too often, employers take adverse action against workers who complain about sexual harassment in the workplace, either involving themselves or other employees. In so doing, these employers unintentionally dig their own graves, from a legal standpoint. Unwarranted retaliation is an independent cause of action that may lead to even more significant damages than a sexual harassment claim.
Sexual harassment is a very serious problem and can result in substantial damages being awarded to those who are harassed. These damages are designed to compensate the victim and also deter future wrongdoing on the part of the employer.
To that extent, in addition to the monetary damages discussed below, many sexual harassment settlements also include court-enforced consent decrees. So, even if the employer continues to deny responsibility, they still must make changes that will protect workers. Many times, this justice is more important than the money that we obtain at Bogaards Law.
Of course, financial compensation is important. The law allows several different types of compensation, including:
Various federal and state laws may impose limitations on damages, particularly in the area of punitive damages, based on the company’s size.
Workplace sexual harassment in any form should never be tolerated. For a confidential consultation with an experienced employment law attorney in San Francisco, contact Bogaards Law. We routinely handle harassment matters in San Francisco County and nearby jurisdictions.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history.
Motorcyclist gets cut off by left-turning van in Capitola. Suffers below-knee amputation. Within one month of signing on with Bogaards Law, motorcyclist received a $250,000 advance from the defendant’s insurance company.
Pedro Avila was walking in a marked crosswalk, when a car took a left turn in Potrero Hill, and hit him. He suffered a broken right leg. The settlement included the $100,000 policy limits and $100,000 cash out of pocket from the motorist.
Speeding on a rented motorcycle after the Gay Pride Parade, plaintiff was hit by a Jeep making a left on Mission Street in San Francisco. Both sides’ accident reconstruction experts agreed that if plaintiff had been going the speed limit, the accident could have been avoided. Plaintiff suffered multiple pelvic fractures and underwent three surgeries. Her medical specials were $185,000. She had no wage loss claim as a Lt. Firefighter.
2019 – A petite 84 y.o.woman crossed in the middle of the street in dark clothing to go to the grocery store at night. She was hit by a car and died instantly.
Pedestrian gets hit by commuter bus making a right turn. Suffers a Lisfranc ankle injury with surgery. Medical bills were under $50,000. No wage loss.
Partial finger amputation of 8-year-old boy with comparative fault.
Customer trips and falls in parking garage. Suffers trimalleolar ankle fracture with surgery. Medical specials are $37,500. No wage loss.
Woman falls leaving a doctor’s office in SF. Suffers a complex ankle fracture. Liability is hotly contested. No wage loss.
Employee in a tech start-up makes a whistleblower claim regarding misuse of Facebook manager.
Homeowner slips on unsecured tarp in her foyer after coming downstairs and sues her general contractor doing her kitchen remodel. Homeowner suffers a severe elbow injury with surgery.
Wrist fracture arising out of pedestrian/auto accident, no surgery.
Plaintiff slipped and fell on nacho cheese on the floor at a U.S.F. basketball game, injuring his knee and resulting in arthroscopic surgery.
2014 – Mr. Dempsey was on his bicycle when he was hit by a car leaving the golf club. Liability was hotly contested. He suffered a broken right hand and cervical fractures.
Plaintiff was an 85-year-old man attending a weekly Rotary meeting at the DoubleTree Hotel in Livermore. He slipped on wet tiles and broke his femur in four places. Unfortunately, due to Alzheimer’s and life-threatening health issues, the plaintiff was unable to appear for his deposition or litigation past mediation.
Carbon monoxide poisoning case where clients, living in a ranch home in west Marin County, had only one day of exposure and no residual symptoms.
Wrongful death of 94 year old petite grandmother who ran out into traffic in the middle of the block between parked cars against a red light. Our accident reconstruction expert found no liability- zero-against the driver who hit her.
2016 – Two sisters were exposed to carbon monoxide poisoning from a faulty wall heater in a hotel that didn’t have a carbon monoxide detector. They needed 28 hours of treatment, including oxygen. Medical bills were less than $10,000.
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
2017 – An 86 y.o. lovely woman got on the MUNI bus, and the driver took off before she was seated. She fell and suffered a low back injury. She has a significant past medical history. Her medical bill was a mere $6,000.
Race car professional suffered neuropathic leg pain when race car driver backed up into him, while standing at metal table in hangar. Liability was hotely contested.
2016 – Ms. Guttman had a head-on collision, and suffered a sprained right ankle with surgery.
Court trial in Marin County for breach of plaintiff’s employment contract as an office manager. Plaintiff had both a personal and work relationship with employer, a medical doctor.
Female student was sexually abused by a male student at a local private middle school. The male student had abused other students in the past.
Disputed sexual molestation of high school male student by female teacher at private school.
Plaintiff was the executive assistant for the CEO of a Silicon Valley tech company for only a few years. She was fired for absenteeism and poor work performance; however, plaintiff had a personal relationship with the CEO’s family and claimed that the personal relationship both interfered with her ability to do her office work and lead to her termination.
Elder abuse case involving the death of a client’s father at a skilled nursing facility due to neglect, dehydration, and open wounds. Case settled at early mediation.
Elder abuse case involving the death of a fellow attorney’s mother within a month of moving into an upscale care facility in Marin County, because she was not given medications. Expedited settlement within three months of claim.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history. We also accompanied Renee Morales to the PG&E criminal trial over 5 years later.
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Almost 40 years of professional excellence
The Hastings Community Justice Clinic represented a plaintiff in an employment case that Ms. Bogaards successfully mediated in
April 2022. Professor Goishi stated about her experience with Ms. Bogaards:
“We (plaintiff and his representatives) greatly appreciated Ms. Bogaards’ optimism and enthusiasm for the mediation process. This set a very positive tone and framing for the mediation itself. We also appreciated that she was a great listener, and welcomed hearing background information and emotional content that is present in most disputes, but that is often glossed over or ignored. She also did a great job of reality-checking, gently telling us about the potential weaknesses in our case. Finally, we thought it was great that she reminded us that a successful mediation will be one where both parties are unhappy. This was a great reminder of the nature of compromise. She also reiterated the upside of settling, as opposed to taking our chances with proceeding with the litigation — helpful to remind the parties about the risks of proceeding.”
My mediation appointment with Ms. Bogaards was more than interesting as it was conducted exclusively by phone due to the health crisis. Despite this, it went smoothly and productively. The case settled within the allotted time frame due largely in part to Ms. Bogaards persistence but also her vast experience in personal injury work. It was obvious her defense and plaintiff’s background gave her credibility with both parties. All in all, it was all a very positive experience for a first-time use. She was prepared and knew the flash points needed to get this settled. It took time but it was due to the parties obstinance, which she dealt with professionally and civilly. I’ve known Ms. Bogaards over the years from having litigated with her in her role as a defense attorney. I thought this case was perfect for a Mediator with a defense background that also does plaintiff’s work, as she does. I was very impressed with her grasp of value as regards a plaintiff’s case. She was spot on regarding the values and issues. I would not hesitate to use her again and recommend her as a Mediator to all plaintiff’s attorneys who view her strictly as a former defense attorney. She is way more than that; very efficient, there was no wasted time.
Debra Bogaards is one of the most thorough, skilled and aggressive litigators in the Bay Area. She protects her clients and their interests like a mama bear to her cubs. I speak both as a client for whom Ms. Bogaards achieved an incredible result, and as a colleague who has worked beside Ms. Bogaards and has seen her diligence and thought process. Here skillset and tremendous presence and command, regardless of the forum, makes for a most fierce litigator. Ms. Bogaards is always my first recommendation to clients and friends seeking to protect their legal rights relating to personal injuries.