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| CA Court Expands Definition of Harassment |
| By HR.BLR.com |
| Published: 07/25/2005 |
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So, you've lost a promotion to someone you just know is sleeping with the boss. What can you do about it? In California, you may now sue for sexual harassment, thanks to a ruling last Monday by the state Supreme Court. The high court, in a significant expansion of California sexual harassment law, unanimously concluded that any worker, male or female, could suffer sexual harassment even if his or her boss never asked for sexual favors or made inappropriate advances. "Widespread favoritism based upon consensual sexual affairs may imbue the workplace with an atmosphere that is demeaning to women because a message is conveyed that managers view women as 'sexual playthings,' " Chief Justice Ronald M. George wrote for the court. In such a situation, other employees may believe "that the way required to secure advancement is to engage in sexual conduct with managers," he added. The ruling stems from a still-untried harassment lawsuit brought against the state's Department of Corrections. Two employees, Edna Miller and Frances Mackey, charged that a prison warden, Lewis Kuykendall, who was married, had had sexual affairs with three other employees and given them preferential job treatment. The two women said they suffered retaliation when they complained. Shannon B. Nakabayashi, who represented California employers in the case, told the Los Angeles Times that the decision will result in employers monitoring office romances, even those between employees of the same rank, for fear of being sued for tolerating a sexually charged work environment. "Unfortunately, employers will have to pay a lot more attention to these things," Nakabayashi said. The ruling overturns two lower court rulings and runs contrary to rulings issued in other states, employment lawyers told the Times. |
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