Three California Supreme Court Decisions: Not All Good News.
Mondaq Business Briefing › Nbr. 2005, January 2005
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Three California Supreme Court Decisions: Not All Good News.
Miller v. Department of Corrections -- Sexual favoritism can lead to liability
On July 18, 2005, the California Supreme Court entered its decision in the case entitled Miller v. Department of Corrections (2005) 36 Cal.4th 446. The decision significantly expands potential employer liability for sexual harassment claims. In short, employees in California may now sue employers for sexual harassment if a sexual affair between a supervisor and a subordinate creates a hostile work environment for employees not involved in the affair. Two employees, Edna Miller and Frances Mackey, sued the Department of Corrections under the FEHA for, among other things, sexual harassment, sexual discrimination, and retaliation. Plaintiffs' claims stemmed from their tenure under Lewis Kuykendall, who served as the chief deputy warden at the first prison facility where plaintiffs were employed, and later as the warden at ...See the full content of this document
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