HUGHES v. PAIR,
An employer who sexually harasses an employee can be liable for damages under both federal law (title VII of the Civil Rights Act of 1964 (Title VII)) and California law (the Fair Employment and Housing Act (FEHA)) when the sexually harassing conduct is so pervasive or severe that it alters the conditions of employment. (See Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 283-284 (Lyle).) At issue here is Californias Civil Code section 51.9, which prohibits sexual harassment in certain business relationships outside the workplace. This statute, enacted after the federal laws Title VII and Californias FEHA, expressly limits liability to harassing conduct that is pervasive or severe, the same words used to define liability under Title VII and the FEHA. Considering the presence of those words in section 51.9 to be significant, the trial court in this case granted defendants motion for summary judgment, which the Court of Appeal affirmed in a two-to-one decision. Both courts concluded that by its use of the words pervasive or severe, Californias Legislature intended to incorporate into section 51.9 the liability limitations governing workplace sexual harassment suits brought under Title VII and the FEHA. Court agree, and Court affirm the Court of Appeals judgment.
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