Shegerian & Associates: Bank of America, N.A., Bank of America Association Sued for Violation of Labor Code, Sexual Harassment and More
LOS ANGELES, Dec. 10, 2018 /PRNewswire/ -- Martha Rivera, a former employee of Bank of America N.A. and Bank of America Corporation, has filed eleven claims against the bank and former co-worker Michael Feigenbaum related to alleged sexual harassment and violation of the labor code based thereof.
In July of 2012, Rivera was hired at Bank of America as a cash services representative. During 2012, Rivera met Feigenbaum, a Bank of America cashier representative, whom she felt unsafe working alongside. Feigenbaum asked Rivera to go on trips with him, and falsely informed other co-workers that she was his "wife." In 2012 or 2013, Rivera reported Feigenbaum's behavior to management, stating that it made her feel uncomfortable and she wanted it to stop.
As a result, Feigenbaum repeatedly subjected Rivera to harassing behavior. On a regular basis, Feigenbaum used two fingers to form the "V" sign and licked up and down, as if stimulating female genitalia. Rivera considered this behavior, which was carried out in the presence of other employees, as a constant invitation to engage in sexual intercourse. Feigenbaum repeatedly stood in close proximity to Rivera when she was bending over, so that his crotch was in her face, and asked that she perform oral sex on him.
Additionally, when Rivera was wearing a dress or skirt, Feigenbaum would approach her to try to see her underwear and would ask to see it. Feigenbaum's behavior towards Rivera was usually performed in the vicinity of other co-workers and managers. After declining Feigenbaum's sexual advances and protesting his abuse from 2012 to 2017, Feigenbaum's behavior towards Rivera escalated to physical violence, including pushing and shoving Rivera. Supervisor Martha Gutierrez witnessed Feigenbaum shove Rivera but took no action against him.
In or around late 2017, Rivera was waiting for documents to process and told management Feigenbaum was not giving her the documents she needed. Her manager told Feigenbaum, who did not listen, and then told Rivera that an investigation would not ensue.
In 2017, a human resources representative contacted Rivera and told her that no misconduct was ever discovered. Rivera was not told whether any witnesses had been interviewed or provided a copy of the complaint, and would be forced to continue working with Feigenbaum.
In 2017, Rivera took medical leave due to stress, anxiety and depression that was exacerbated by management's and human resources' inability to protect her and ensure a safe work environment. Rivera was prescribed medications to deal with her mental and physical symptoms. She has been unable to return to the same work environment because doing so would pose a grave risk to her life and health.
The lawsuit alleges that Bank of America, N.A. acted with reckless disregard to the plaintiff's wellbeing, failing to address sexual harassment in the workplace that led the plaintiff to suffer psychological and emotional distress, humiliation, mental and physical pain, and more.
The lawsuit is pending in the Superior Court of the State of California for the County of Los Angeles, Central District.
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