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Alguna vez le han dicho “solo Inglés” o  “English only” o se ha metido en problemas por hablar Español en el trabajo? Estas reglas prohíben que los empleados hablen cualquier otro idioma además del inglés en el lugar de trabajo.

En los Estados Unidos, el 13 % de la población habla español, lo que lo convierte en el idioma más hablado además del inglés. Las predicciones de datos muestran que para el año 2050, una de cada tres personas en los Estados Unidos hablará español. A pesar de estas estadísticas, los empleadores continúan de tener políticas que prohiben a los empleados hablar español

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La legislatura de California ha encontrado que este tipo de políticas en el lugar de trabajo tienen sus raíces en la discriminación de origen nacional. La legislatura encontró que el idioma está íntimamente ligado al origen nacional hasta tal punto que las políticas lingüísticas son inherentemente políticas que discriminan el origen nacional de los empleados. La Ley de Igualdad en el Empleo y la Vivienda prohíbe a los empleadores instituir políticas que discriminen el origen nacional de los empleados.

Bajo el código gubernamental § 12951, un empleador solo puede imponer limitaciones de idioma en el lugar de trabajo si (1) existe una razón comercial legítima y (2) el empleador ha notificado a sus empleados las circunstancias y el momento en que se requiere la restricción de idioma para ser observado y las consecuencias por violar la restricción de idioma.

Si su empleador tiene una política de idiomas en el trabajo, comuníquese con nuestra oficina para una consulta gratuita.

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We are currently representing a victim who reported that she believed Dr. David Webb was fondling her breasts while he was performing a dental procedure on her while she was under anesthesia. Her allegations were dismissed by Dr. David Webb at the time. After the news about the Vacaville dentist aired, she realized she was not alone in her allegations.

The Dental Board of California has been investigating Dr. Webb after receiving complaints from four victims. Court documents say that he rubbed his penis against them, while clothed, and placed it in the palm of her hand. Dr. Webb is also accused of initiating unwanted, sexually explicit, and sexually harassing conversations.

Attorney General Joshua Room filed a complaint on behalf of the victims asking for Dr. Webb’s license to be revoked. On August 16, 2022, Dr. Webb did not appear for his court hearing. KCRA1 reported:

Alleged victims who went to court, specifically to face Webb, were disappointed he did not show up in person.

“I’m here because I believe in justice, and to stop him,” said one of Webb’s accusers, who asked that KCRA 3 not identify her by name. “He’s a coward for not showing up to face his accusers, and he should have been here today.”

Cameras were not allowed inside the court to capture a brief, but tense exchange between Supervising Deputy Attorney General Joshua Room and Judge D. Scott Daniels.

Room, representing the Dental Board of California, asked that Webb’s license be suspended while the four misdemeanor cases against Webb are in the courts.

The judge denied that request.

Doctor David Evans Webb has been doing business under the fictitious name Northern California Facial & Oral Surgery, Dental Practice of David Webb DDS, FACS, FAACS located in Vacaville. In addition to providing oral surgery procedures, Dr. Webb also performed cosmetic procedures such as facial fillers. According to his LinkedIn profile, Dr. Webb was an Attending Surgeon, Oral Maxillofacial/Head and Neck Surgeon for the United States Air Force at Travis Air Force Base in California.

KCRA also reported that the building in Vacaville where Dr. David Webb practiced removed the Northern California Facial & Oral Surgery signage and shows no signs related to Dr. Webb. The dentist’s website has also been removed from the internet.

What Can I do If I Was Sexually Assaulted By My Dentist?

File a complaint with the Dental Board of California who will investigate the complaint. In addition to filing a complaint with the Dental Board of California, or if you are not sure if you should file a complaint, it would be helpful to seek a free consultation from an attorney who can answer your questions confidentially. Then you can make the decision about how you would like to proceed.

If you believe you were sexually harassed or assaulted by Dr. David Evans Webb, give us a call at 619-342-8000. We are currently working with another victim and know the case well. We are here to answer all your questions with no pressure or obligation to you. We have a credentialed victim advocate on staff and our team is trauma informed. There is no need to feel ashamed or scared, although we understand those feelings are quite normal.

What Is the Dental Board of California and What Do They Do?

The Dental Board of California is part of The Department of Consumer Affairs (DCA). The DCA is a regulator. The DCA investigates consumer complaints on issues under its jurisdiction. If violations are found, license holders can face discipline that includes probation, suspension or revocation of a license, fines and citations, letters of reprimand, or cease and desist orders.3

Anyone can search for the license of a dentist, doctor, or any of the 280 license types regulated by the DCA. The details should show if there has been disciplinary action taken. Often, these investigations can take years to complete and are not always noted on the licensee’s profile, putting uninformed and unsuspecting patients at risk. For example, the Dental Board of California4 does not currently show any disciplinary actions against Dr. David Evans Webb even though he has been under investigation for years and the Attorney General filed a complaint on behalf of four victims.

In 2019, the Patient’s Right To Know Act SB 1448 went into effect requiring physicians and surgeons who are placed on probation for the acts of sexual abuse, misconduct, or relations with a patient as defined in Business and Professions Code section 726 or 729 to notify patients of their probationary status. Because the judge ruled against suspending Dr. Webb’s license for the time being, it is unlikely that any patients have been notified.

What Can I Do If The Dentist Made Me Uncomfortable And Made Sexual Comments But I Am Not Sure If It Is Considered Assault or Harassment?

There are a lot of misconceptions about what is or is not considered sexual harassment or sexual assault. There are many actions to hold a dentist or doctor accountable for the way they treated you. The best way to determine if you can hold them responsible is to first call an attorney and seek a free consultation. An attorney will be able to answer all your questions confidentially and without any obligation on your part.

What If I Was Under Anesthesia and I Am Unsure What Happened?

That is okay. It is a scary feeling to know that you were under anesthesia with a doctor who has now been accused of sexual assault. We understand the vulnerable position you were put in and can answer your questions better after hearing what happened to you.

What If It Happened to Me More Than a Year Ago?

No need to worry. Once we hear your story, we can determine the statute of limitations. Even if you have been turned down by another attorney, we are experts at these cases, and go the extra mile to see what we can do for your case.

What If I Cannot Afford an Attorney?

At Haeggquist and Eck, we work on these cases on a contingency fee basis. That means you do not pay anything upfront, and you do not pay fees unless we win.

We understand that it may be hard to discuss what happened to you. We are here when you are ready. These matters do have statutes of limitations, so it is important to speak to an attorney sooner rather than later. We provide trauma-informed, free consultations with no obligation to you. Contact us today to get your consultation.

Sources:

1. KCRA
2. LinkedIn
3. Department of Consumer Affairs

Dental Board of California

Buried in the fine print of agreements that govern the products we purchase, the services we use, and even our employment, are hidden arbitration clauses precluding us from having our matters heard before an impartial jury or judge when we are harmed.  The result is the replacement of a system that was once built upon a fundamental promise of equal justice to a “for profit system of justice.”

These forced arbitration clauses require us (employees and consumers) to have our disputes resolved by a decision-maker picked by the company that harmed us.  As recognized by the Alliance for Justice (“AFJ”), one study found that arbitrators ruled for companies over consumers 94% of the time.

The AFJ is a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society.  AFJ recently started a campaign to demystify this issue and galvanize others to take action, by, among other things, releasing a short documentary on this issue, Lost in the Fine Print, which tells the story of real people with real issues who found themselves trapped in the system that favors large companies at the expense of hard working Americans.    You can watch the trail,er of the video or visit AFJ to watch the full film.  Through the AFJ website, you can sign a petition to put an end to this “for profit” system of justice.   It is simply unacceptable for corporations to use forced arbitration to dodge accountability for their actions.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!