California Supreme Court Rejects Federal Defense To Harassment Claims
- Topics:
- Case Management
- Source:
- Jackson Lewis
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Overview: This article says that an employer may avoid liability for harassment that does not involve an adverse employment action (e.g., termination or demotion) if the employer can demonstrate: (1) it took reasonable steps to prevent and promptly correct sexual harassment in the workplace, and (2) the aggrieved employee unreasonably failed to take advantage of the employer's preventive or corrective measures. California courts have been reluctant to apply such a principle to harassment claims asserted against supervisors or managers under the FEHA. Consistent with this approach, the California Supreme Court in McGinnis confirmed employers are strictly liable under the FEHA for harassment perpetrated by supervisors or managers.
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Format: HTML | Date: Jan 2004 | Pages: 1
