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Alleged casting couch: sex in return for a promotion

August 2021 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

An employee who claims she was discriminatorily deprived of a promotion must file the claim within a limited period after the discriminatory conduct occurred. Some courts say the claim arises when the employer decides not to provide the promotion. Other courts say it's when the employer actually fills the job. Which is correct? Neither, said the California Supreme Court, setting a new rule that a claim arises when an employee knows or reasonably should know of the refusal to promote her.

Refusal to sleep with boss

Pamela Pollock is a customer service representative at Tri-Modal Distribution Services, Inc., a corporation that ships freight by truck. She alleges the company passed her over for several promotions in part because she refused to have sex with Michael Kelso, its executive vice president. Instead, the promotion went to Leticia Gonzalez, who received and accepted an offer of promotion in March 2017, which took effect May 1, 2017.

Pollack filed her administrative charge of a discriminatory refusal to promote in April 2018— more than a year after Tri-Modal gave the promotion to Gonzales but less than a year after the promotion actually took effect.

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