Thursday, April 10, 2008

Indirect Sexual Harassment

An employee may have a claim for sexual harassment even when sexually harassing conduct permeates the work environment of the employee, even if such conduct is not directed at the employee if: (1) it occurs in the employee's presence; or, (2) is directed at the employee but does not occur in his/her presence. (See e.g., Beyda v. City of Los Angeles (1998) 65 Cal.App.4th 511, 518; Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 611; Kortan v. State of California (Central Dist. Cal 1998) 5 F.Supp.2d 843, 850.)