Labor/Employment
Jul. 21, 2011
Courts are split in defining what constitutes same-sex harassment
A recent appellate decision on same-sex harassment may be a potential victory for employers defending these claims under state law.
Must a plaintiff suing for same-sex harassment under the California Fair Employment and Housing Act (FEHA) prove the harassment complained of was motivated by sexual desire? According to one appellate court, the answer is "yes."
In Kelley v. Conco Companies, the 1st District Court of Appeal held that a same-sex harassment plaintiff must prove the harassing conduct at issue was an expression of genuine sexual interest. The court's decision was premised on the idea that...For only $95 a month (the price of 2 article purchases)
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