DFEH Settles Sexual Harassment Case Against Dublin Unified School District

Sacramento – The California Department of Fair Employment and Housing (DFEH) has reached a settlement in a workplace sexual harassment case with the Dublin Unified School District (DUSD) involving a custodial employee who alleged her supervisor forced her to have sexual relations with him.

The custodial employee, represented by Legal Aid at Work, filed a complaint with DFEH in late 2016 alleging she was subjected to discrimination, harassment and retaliation because of her sex. The complainant alleged that throughout the course of her employment she was subjected to sexual harassment by her supervisor, the head custodian. The supervisor allegedly forced her to have sexual relations with him on approximately five occasions. DUSD and the supervisor deny the allegations.

DFEH found cause to believe a violation of the Fair Employment and Housing Act had occurred and referred the case to the Department’s Dispute Resolution Division, which provides mandatory dispute resolution services for investigated cases the DFEH intends to prosecute in court. The case settled at the no-cost mediation offered to the parties. The complainant will receive $25,000 as part of the settlement.

“Sexual harassment and assault can happen in any workplace, in any industry,” said DFEH Director Kevin Kish. “Employers must be prepared to immediately investigate allegations of sexual misconduct and take prompt action to protect employees subjected to it and prevent future violations. This includes ensuring that trainings and policies are translated into languages spoken by the workforce.”

In addition to a monetary settlement, DUSD has agreed to provide in-person training to all Human Resources personnel and all managers, supervisors, and employees at the school where the parties worked. In addition, DUSD will translate its sexual harassment and complaint policies into Spanish and any other language spoken by at least 10 percent of its workforce, as required by the Department’s regulations. DUSD will also post DFEH sexual harassment and employment discrimination posters at all its facilities.

The California Civil Rights Department (CRD) is the state agency charged with enforcing California’s civil rights laws. CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded programs and activities, and from hate violence and human trafficking. For more information, visit calcivilrights.ca.gov.

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