Facts

In March 2006, former Los Altos Police Department Chief of Police Robert Lacey gave his executive assistant, Dawn Silva, a flash drive, which contained pornographic images. Silva sued Lacey and the city of Los Altos for hostile work environment, sexual harassment, and failure to prevent harassment.

PLAINTIFF'S CONTENTIONS:
Silva claimed that the images amounted to harassment, that Lacey made inappropriate sexual comments, and that Lacey made jokes about a pregnant co-worker. Further, she alleged that some of the harassment occurred after she participated in an investigation of another female employee's complaint against Lacey.

DEFENDANT'S CONTENTIONS:
The defense asserted that the conduct was not sufficiently severe or pervasive to produce a hostile work environment. The defense claimed that Lacey gave Silva the flash drive so that she could complete a project for him, not knowing the flash drive contained pornographic images.

Injuries

Silva claimed emotional distress.

Result

The court ruled in favor of the defense.