Total Articles: 6
Bachelorette Gag Gift, Bad Santa Insufficient Evidence of Employer Sexual Harassment
What happens when Santa gets out of control at the company Christmas party? What if bride-to-be brings a rather naughty bachelorette gag gift to work? Can an employee who witnesses this win a sexual harassment lawsuit? Not all crude conduct in the work place rises to the level of “sexual harassment.” Crude conduct that is occasional, isolated, sporadic, or trivial might violate company policy, but not the law. Where does it cross the line?
California Plaintiff Must Show Severe or Pervasive Harassment to Prevail, Appeals Court Rules
The California Court of Appeal has held that judgment for an employer is proper under California law where the plaintiff failed to present sufficient evidence that she was subjected to severe or pervasive workplace harassment based on her gender. Brennan v. Townsend & O'Leary Enterprises, Inc., No. G042398 (Cal. Ct. App. Oct. 18, 2010). Accordingly, the Court affirmed judgment notwithstanding the verdict in favor of the employer.
Crossing the Line: When Does Crude Conduct Become Harassment?
Not all crude conduct in the work place rises to the level of “sexual harassment.” Crude conduct that is occasional, isolated, sporadic, or trivial might violate company policy, but not the law. Where does it cross the line? In a recent unpublished California case titled Ramaiya v. Pacific Coast Care Center, the appellate court wrestled with the issue.
CA Supreme Court Holds Vulgar Language Insufficient To Support Hostile Work Environment (pdf).
The California Supreme Court held that sexually coarse and vulgar language used
regularly in the writers' room of a popular television situation comedy did not create a hostile work
environment under the California Fair Employment and Housing Act. Lyle v. Warner Brothers Television Prods., ___ Cal.4th ___ (April 20, 2006).
Workplace Romance Presents Liability Risk For California Employers (pdf).
The California Supreme Court recently
issued an eagerly-anticipated
decision pertaining to sexual harassment
claims brought under Californias
Fair Employment and Housing Act
(FEHA). The justices held that widespread
sexual favoritism in the workplace
may create a hostile worker environment
that demeans other employees.
"Worthy Question -- California Supreme Court Should Decide Applicability of Federal Defense"
California courts have been wrestling with whether to adopt the federal rule on vicarious liability in sex harassment cases.
