CARTER v. CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS,

Filed 6/8/06

IN THE SUPREME COURT OF CALIFORNIA

HELGA CARTER, )

)

Plaintiff and Respondent, )

) S127921

v. )

) Ct.App. 4/2 E030908

CALIFORNIA DEPARTMENT OF )

VETERANS AFFAIRS, )

) San Bernardino County

Defendant and Appellant. ) Super. Ct. No. SCV03693

__________________________________ )

In 2003, the Legislature amended the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA))^[1] to state that employers are potentially liable when third party nonemployees (e.g., the employer's customers or clients) sexually harass their employees. (Stats. 2003, ch. 671, § 2, amending § 12940, subd. (j)(1).) Prior to the amendment, section 12940, subdivision (j)(1), seemed to apply to employers and employees only. In amending the statute to expressly refer to harassment by nonemployees, the Legislature stated its intent â€