Sometime ago a complaint with filed with the State of California’s Department of Fair Housing & Employment regarding allegations of illegal harassment, sexual harassment, cyber-stalking and other illegal discriminatory activities on the part of James McGibney (who we don’t like) and his employer Rosendin Electric, Inc., and its CEO / President Tom K. Sorley.
After an exhaustive (not so exhaustive) investigation, the State of California recently issued American Hero and Honorary Admin of the BV Files Thomas Retzlaff a “Right to Sue” letter. On December 28, 2015, Julie Moss, the Human Resources Director for Rosendin Electric, was served with the complaint by governmental officials with the State of California.
The California Department of Fair Employment and Housing is an agency of California state government charged with the protection of individuals from employment, housing and public accommodation discrimination, and hate violence. It is the largest civil rights agency in the United States. It also provides representation to the victims of hate crimes.
The mission of the Department of Fair Employment and Housing (DFEH or Department) is to protect individuals from employment, housing and public accommodation discrimination, and hate violence.
The Department enforces California state laws that prohibit harassment, discrimination and retaliation employment, housing, and public accommodations and that provide for pregnancy leave and family and medical leave. The DFEH also accepts, investigates, mediates and prosecutes complaints alleging hate violence or threats of hate violence.
But, hey, BV Files! How can Retzlaff make a discrimination / illegal harassment claim and file a lawsuit with the Dept of Fair Employment & Housing since he is not an employee of Rosendin Electric? you ask. Well sit down and STFU for a minute while we give you some completely marginal legal advice on how such a thing came to be!! By the time we get done, you, too, will be able to claim an Executive Education from Harvard Business School just like McGibney does!
The State of California offers the broadest possible protections to members of the public from every kind of harassing or discriminatory activities – the most in the country. In 2003, the California legislature modified the Fair Employment and Housing Act so one does not need to be an employee of a business in order to sue a business for claims like sexual harassment, discrimination and things like that. Thus, members of the public at large who are illegally harassed by an employee of a business have the right to file a complaint with the state, have it investigated, and file a lawsuit against the business, its management, and the offending employee.
SB 292 amends the definition of harassment. The new law stipulates that sexually harassing conduct does not need to be motivated by sexual desire. Further, hostile treatment can amount to unlawful sexual harassment regardless of whether the treatment was motivated by any sexual desire.
SERIOUSLY – 100% VERIFIED.
As an example:
The DFEH enforces the following California civil rights law:
- Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.);
- Unruh Civil Rights Act (Civ. Code, § 51 et seq.);
- Ralph Civil Rights Act (Civ. Code, § 51.7); and,
- Disabled Persons Act (Civ. Code, § 54 et seq.).
The FEHA (Gov. Code, § 12900 et seq.) is one of the leading state civil rights law in the nation. In employment, the FEHA prohibits discrimination and harassment on the basis of age (40 and over), ancestry, color, religious creed (including religious dress and grooming practices), denial of family and medical leave, disability (mental and physical) including HIV and AIDS, gender, gender expression, gender identity, genetic information, marital status, medical condition (cancer and genetic characteristics), national origin, race, sex (including pregnancy, childbirth, breastfeeding, and medical conditions related to pregnancy, childbirth or breastfeeding) and sexual orientation. (Gov. Code, §§ 12926, 12940, 12945, 12945.2.)
In additional to the prohibition against pregnancy discrimination afforded under Government Code section 12940, the FEHA also requires employers to provide a reasonable accommodation, transfer, or leave for up to four months to employees disabled by pregnancy, childbirth, or a related medical condition. (Gov. Code, § 12945.2, subd. (a).)
In housing, the Act provides protection from harassment and discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information. (Gov. Code, § 12955.)
FUN FACT: The FEHA also bars retaliation against any person who has filed a complaint with the Department, participated in a Department investigation or opposed any activity prohibited by the Act. (Gov. Code, § 12940, subd. (h).)
Under the FEHA, the Department’s jurisdiction extends to individuals, private or public entities, housing providers, and business establishments within the State of California. The FEHA’s prohibitions against employment discrimination apply to employers with five or more employees. (Gov. Code, § 12926, subd. (d).) The prohibition against workplace harassment applies to employers with one or more employees. (Gov. Code, § 12945, subd. (j) (4) (A).)
Government Code section 12948 incorporates into the FEHA the Unruh Civil Rights Act (Civ. Code, § 51), the Ralph Civil Rights Act (Civ. Code, § 51.7), and the Disabled Persons Act (Civ. Code, § 54 et seq.).
The Unruh Civil Rights Act provides that:
All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code, § 51.)
Pursuant to Unruh customers and/or members of the public at large can file lawsuits against businesses and their employees for violations. Retzlaff is a customer and/or member of the public at large; thus, he can sue under the Act.
FUN FACT: Such allegations are expensive and time-consuming to defend against and they cause a great deal of damage to the reputation of the company, even if they “win” the lawsuit. Under the law if the harasser was a supervisor, then the employer is strictly liable for the harassment. McGibney is the Director of IT Infrastructure; thus, he is considered to be a supervisor and Rosendin Electric is strictly liable for his misconduct.
As you know, this is California where anybody can sue anyone for anything.
According to sources close to the investigation, which consists solely of the voices in our head, a demand letter was personally served upon Rosendin Electric’s CEO / President Tom Sorley that outlined in very harrowing detail all of the horrific acts that have taken place, along with the following statement:
As you can see, McGibney is clearly an asshole. But, since you chose to hire him and keep him employed, he is YOUR asshole, Mr. Sorely. And this little asshole is going to cost you a BIG pile of money by the time I get done with you.
For those of you keeping score at home, James (Jimmy the Piss Boy) McGibney has been sued at least four separate times in federal court on account of him running a revenge pornography / blackmail website:
1. Powers v. Cheaterville.com & McGibney; Case # 2:13-cv-01701-JAM-CKD, filed in the U.S. District Court for the Eastern District of California dated August 16, 2013.
2. Quainoo v. McGibney & Cheaterville.com; Case # 1:14-cv-00674-JKB, filed in the U.S. District Court for the District of Maryland dated March 7, 2014.
3. Holmes v. ViaView, Inc. & McGibney; Case # 1:13-cv-04270-HLM, filed in the U.S. District Court for the Northern District of Georgia dated May 28, 2014.
4. Baldwin v. McGibney & ViaView, Inc.; Case # 1:14-cv-23941-PCH, filed in the U.S. District Court for the Southern District of Florida dated December 7, 2015.
One wonders if McGibney bothered to mention any of that good stuff on his employment application and/or whether or not Google is a part of the screening process used by the Human Resources Department at Rosendin Electric as a part of their Due Diligence. Bet it will be now, eh?
The complaint goes on to claim that McGibney posted a series of threatening, discriminatory, sexually harassing, and very inappropriate posts on social media sites such as Twitter and such while McGibney was on-the-job and in the employ of Rosendin Electric and that McGibney engaged in various discriminatory and harassing activities. According to sources close to the investigation (which consist solely of the voices in our head) Retzlaff’s attorney hired a local private investigations outfit to monitor McGibney’s movements on & off over the past eighteen months and determine exactly when he was on Rosendin property and on the job.
FUN FACT: For those of you who remember, wayyy back during the trial on McGibney’s restraining order case in July 2014 Retzlaff was represented by a local attorney whose specialty is sexual harassment law. Now it becomes clear why this was done. It seems that someone was already making plans for future lawfare and was making sure things were being set up just right! Does anyone know when, exactly, McStupid started working for Rosendin Electric? I’ll bet Some Random Person We’ve Never Heard Of Before does and he, clearly, plays his cards close to the vest!
Apparently it was discovered by these investigators that Rosendin Electric has a written policy against someone bringing their own personal electronic devices to the workplace, commonly known as BYOD. Instead, Rosendin supplies its employees with smart phones, laptops, and tablets for their use. Rosendin Electric’s CIO Sam Lamonica strictly enforces this policy.
So regardless as to any illegal business harassment type claims made above, McGibney’s employer is still on the hook for his personal harassment, cyber-stalking and defamatory conduct done while on-the-job for Rosendin Electric or for when he was using Rosendin Electric equipment.
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Just a couple of hours ago, at about 8:45am PT on Dec 30, 2015, the trial court in Texas issued its judgment against revenge pornographer James McGibney (who we don’t like) and his blackmail company ViaView, Inc.
$1.3 million in attorney’s fees and court sanctions were ordered against McGibney and ViaView – jointly & severally
While we will have more on this later, some of the specific findings of fact that the trial court made are:
- McGibney filed these lawsuits maliciously and willfully to injure those that were speaking out truthfully against him in violation of the Constitution.
- McGibney filed several SLAPP suits in other states and courts all for the same thing.
Plaintiffs’ filing of multiple SLAPP suits in two states at
substantially the same time making substantially the same
allegations manifests plaintiffs’ intent to continue using baseless suits to retaliate against, punish, and deter plaintiffs’ enemies, and necessitates a significant deterrent sanction
The trial court specifically found that McGibney and ViaView engaged in Aggravating Misconduct against the defendants and against American Hero and Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell – and that McGibney used “confederates” (such as Rob Holmes, Kirsten Olson, Carolyne (C.J.) Pillutla, and (of course) the pseudonymous Catty Idiot clown from West Haven, CT).
The trial court further ORDERED McGibney to turn over to Dorrell and Rauhauser a bunch of website domains (a large list will be provided to the trial court at a later date with more domain names), as well as REQUIRING McGibney to post a PUBLIC APOLOGY on ALL of his websites – on the very first page of ALL of his websites – for calling certain people pedophiles and such.
So it is working hours at Rosendin Electric and what do you think it’s Director of IT Infrastructor James McGibney (who we don’t like) is doing? Is he busy trying to fix some kind of server issues? Or helping someone reinstall the OS on their laptop? Or putting copy paper in the copy machines?
If you guessed any of the above YOU GUESSED WRONG!
So what do you think McGibney will do?
Curious as to what the interwebz are saying about all of this? Check out our close and personal friends right here====>
More will be posted later on this, as well as copies of the court documents.