Gomez David F PC

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Map & DirectionsDirections2525 E Camelback Rd Ste 860Phoenix, AZ 85016 Write a ReviewWrite Review

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Gomez David F PC

Criminal Law

Assault
The "case that started it all" for David Frederick Gomez was Ford v. Revlon, Inc., a landmark Arizona Supreme Court decision in the then-new and still-evolving area of sexual harassment law. In this case, a manager made sexual advances to an employee, who rejected these advances. The employee was told "you will regret this" and was repeatedly subjected to touching, offensive comments, and other sexually harassing behavior in the workplace, including a sexually-charged physical assault at a company picnic. Although the employee complained time and again to different levels of management within the company over a period of many months, no action was ever taken to stop the harassment. The employee later sued the manager and the company for assault and battery and intentional infliction of emotional distress (IIED). The jury found the manager guilty of assault and battery, and the company guilty of intentional infliction of emotional distress. This finding of liability on the company was later reversed by an appeals court, which held on principles of agency law that the company could not be held liable for IIED since the manager had not been held liable. David appealed this decision to the Supreme Court of Arizona, which held that in fact the company was liable for IIED. The conduct of the company in failing to take any action after notice of the manager's conduct was "extreme and outrageous" and also "reckless." This conduct did indeed cause severe emotional distress for the employee, who at one point was so distraught she had attempted suicide. This case established the principle that an employer's failure to take appropriate action in response to an employee's complaints of sexual harassment by a supervisor may constitute intentional infliction of emotional distress.

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AKA: David F Gomez Attorney
Categories: Attorneys, Business Law Attorneys, Business Litigation Attorneys, Criminal Law Attorneys, Discrimination & Civil Rights Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Employment Discrimination Attorneys, Labor & Employment Law Attorneys, Legal Service Plans, Sexual Harassment Attorneys, Workers Compensation Assistance

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Phone: (602) 957-8686

Address: 2525 E Camelback Rd Ste 860, Phoenix, AZ 85016

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