(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
FIRST CAUSE OF ACTION
(Sexual Harassment in Violation of Gov’t. Code §12900 et seq., by All PLAINTIFFS and Against All DEFENDANTS)
21. PLAINTIFFS repeat and reallege the allegations contained in paragraphs 1 through 20 and incorporates the same by reference as though fully set forth herein.
22. DEFENDANTS, and each of them, illegally discriminated against PLAINTIFFS by sexually harassing them during the course of their employment, in violation of the California Fair Employment & Housing Act, Gov’t. Code §12900 et seq. (hereinafter FEHA ), in that DEFENDANTS, and each of them, required PLAINTIFFS to wear sexually suggestive attire as a condition of employment; and/or it could be reasonably expected that if PLAINTIFFS wore the sexually suggestive attire, they would be subjected to unwelcome sexual harassment from customers or others; and/or that the requirement that PLAINTIFFS wear the sexually suggestive uniforms would essentially require them to become walking pornography in the workplace.
23. PLAINTIFFS are informed and believe and based thereon allege that DEFENDANTS, and each of them, cannot articulate any legitimate, business-related reason or bona fide occupational qualification to excuse their conduct.
24. PLAINTIFFS are informed and believe and based thereon allege that in addition to the practices enumerated above, DEFENDANTS, and each of them, may have engaged in other discriminatory practices against them which are not yet fully known. At such time as such discriminatory practices become known to them, PLAINTIFFS will seek leave of Court to amend this complaint in that regard.
25. At all times during the employment relationship, PLAINTIFFS performed their duties in a highly satisfactory, competent and diligent manner. (See Part 4 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.