>> Peggy: THE DEPARTMENT OF FARE EMPLOYMENT AND HOUSING DEFINE
SEXUAL HARASSMENT OF A SPECIFIC LIST OF OFFENSES.
INCLUDING CREATING A INTIMIDATING AND HOSTILE WORK
ENVIRONMENT AND A THREAT FROM THE HARASSER.
HERE FOR MORE IS PATTI PEREZ WITH MORE.
PATTI, WELCOME.
>> THANK YOU.
>> Peggy: TELL US ABOUT THE SPECIFIC FORMS OF HARASSMENT
DEFIND BY THE FEHA.
>> THE FEHA IS THE CALIFORNIA LAW THAT GOVERNS SEXUAL
HARASSMENT.
THERE ARE TWO FORMS IF WE GO ON A DATE AND IF THERE A SEXUAL
FAVOR SOMETHING GOOD WILL HAPPEN.
IF YOU DON'T SOMETHING BAD WILL HAPPEN.
IT'S LESS COMMON BUT IT MAYBE GOING ON IN THE CURRENT STORY.
THE SECOND HARASSMENT IS HOSTILE WORK ENVIRONMENT.
IT HAS SPECIFIC LEGAL ELEMENTS THAT YOU ARE SUBJECTED TO
UNWELCOMED BEHAVIOR THAT IS SEVERE OR PREVASIVE AND
INTERFERES WITH YOUR ABILITY TO DO YOUR JOB.
>> Peggy: IN THE PRESS CONFERENCE THIS MORNING THERE
WERE ALLEGATIONS FROM THREE WOMEN.
ONE HAPPENED ON CITY PROPERTY ALLEGEDLY.
THE OTHER TWO OFF PROPERTY AT A BREAKFAST MEETING, IN A CAR.
SO, MY QUESTION IS, IF IT DIDN'T LAP AT WORK DOES IT STILL
QUALIFY AS SEXUAL HARASSMENT?
>> IT MIGHT.
THERE ARE TWO ELEMENTS HERE.
MY UNDERSTANDING IS THE THREE VICTIMS COMING FORWARD THROUGH
THEIR ATTORNEYS AND REPRESENTATIVES ONE IS A ACTUAL
EMPLOYER.
OTHER TWO ARE CONSTITUENTS.
THE CONSTITUENTS WHO MAY BRING A LAW UNDER ANOTHER LAW WOULDN'T
BRING IT UNDER THE FARE EMPLOYMENT AND HOUSING ACT
PROTECTING EMPLOYEES.
THE SECOND ELEMENT IS THIS RELATED DIRECTLY ENOUGH TO WORK
TO FALL INTO WRONGFUL BEHAVIOR UNDER THE HOUSING AND EMPLOYMENT
ACT.
ACE GOOD LAWYER I WILL TELL YOU THE ANSWER DEPENDS.
IT DEPENDS HOW CLOSELY CONNECTED IT WAS.
IF IT OCCURRED OFF CITY PROPERTY BUT DURING A CITY MEETING OR
FUNCTION THAT SOUNDS LIKE OFFICIAL WORK.
MORE THAN LIKELY IT WOULD BE CONSIDERED SOMETHING THAT FALLS
UNDER THE MAYOR'S WORK AS MAYOR.
>> Peggy: WHAT IS INVOLVED IN MAKING A CLAIM.
MAKING A SEXUAL HARASSMENT CLAIM?
>> THERE ARE TWO DIFFERENT WAYS OR TWO DIFFERENT LEVELS THAT
REALLY ARE AT WORK HERE.
ONE IS YOU MIGHT BRING A CLAIM INTERNALLY.
THAT MAY SUBJECT THE ENTITY TO A INTERNAL INVESTIGATION.
>> Peggy: WHEN IT COMES TO THESE CLAIMS.
MAR CO GONE SELLS SAID CLAIMS WILL BE FILED ON BE LOVE OF HIS
CLIENTS.
THAT'S NOT THE SAME AS A LAWSUIT?
>> IT MIGHT BE.
CLAIMS COULD BE BROUGHT INTERNALLY PLAN DATING THE CITY
TO PERFORM A INTERNAL INVESTIGATION AND COME TO A
CONCLUSION OF WRONGFUL BEHAVIOR.
IF IT'S A ATTORNEY THEY'RE LIKELY TALKING ABOUT A LEGAL
CLAIM.
GOING THROUGH THE DEPARTMENT OF FARE EMPLOYMENT AND HOUSING, THE
ENTITY THAT ENFORCES THE FEHA.
IF IT PRO FEEDS FURTHER IT GOES TO COURT.
>> Peggy: WHAT GOES INTO THE INTERNAL INVESTIGATION.
>> THE GATHERING OF EVIDENCE.
CLOSE TO WHAT OCCURS IN A LAWSUIT.
INTERVIEW WITNESSES, THE PERSON WITH THE ALLEGATIONS AND AGAINST
THEM AND SOMETIMES WITNESSES, DIRECT AND INDIRECT THAT MAY
KNOW ABOUT THE CLAIMS.
>> Peggy: DONNA FRYE WAS FIERCELY DEFENSIVE PROTECTING
THESE WOMENS NAMES.
WHAT EFFECT DOES A SEXUAL HARASSMENT CLAIM OR SEXUAL
HARASSMENT HAVE ON A VICTIM?
>> IT DEPENDS ON THE LEVEL AND THE VICTIM HERSELF.
IN MY EXPERIENCE WHEN THERE ARE ALLEGATIONS BROUGHT OF THIS
TYPE, IT TENDS TO HAVE A VERY SERIOUS IMPACT ON THAT PERSON'S,
USUALLY WOMAN'S PERCEPTION OF THEMSELF AT WORK.
IT MAY MANIFEST ITSELF INTO DEPRESSION, NOT ABLE TO GET THE
JOB DONE IN THE SAME WAY THEY'RE USE TO OR ANXIOUS BEHAVIOR AS A
RESULT OF BEING EXPOSED TO THIS BEHAVIOR.
>> Peggy: WHAT ABOUT PEOPLE WHO BLAME THE VICTIMS.
WE HEARD HE SAID SHE SAID.
NAMES, GIVE US NAMES.
IT SOUNDED LIKE A WITCH HUNT.
BLAMING THE VICTIM, IS THAT TYPICAL?
>> IT IS.
ONE OF THE THINGS THAT COMES INTO PLAY, PARTICULARLY WITH A
LAWSUIT, IT HAS TO DO WITH THE ALLEGED WRONG DOER SAYING THAT'S
NOT WHAT I INTENDED.
I WAS BEING PLAYFUL OR FUNNY.
IT SHIFTED INTO MAYBE THIS PERSON WAS OVERLY SENSITIVE AND
TOOK IT THE WRONG WAY.
IT'S COMMON FOR THAT TO HAPPEN.
>> Peggy: OKAY.
PATTERY PEREZ, THANK YOU SO MUCH.
THIS IS MORE TO THIS ON OUR WEBSITE KPBS.ORG.
THANK YOU.
>> THANK YOU FOR HAVING ME.