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II. JUDICIAL UPDATE California Supreme Court Expands Hostile Work Environment Claims In Miller v. Department of Corrections, the California Supreme Court ruled that a manager who engaged in sexual relations with subordinates may create a hostile work environment, resulting in sexual harassment of other employees who are not involved. The plaintiffs, Edna Miller and the now deceased Frances Mackey (“the Employees”), who were not sexually involved with the warden, alleged sexual harassment against the Department of Corrections and sued for damages. The Employees complained about the warden, who was sexually involved with at least three female subordinates at the same time. A lower court ruled against the women, holding that the Employees “were not themselves subjected to sexual advances and were not treated any differently than male employees.” The California Supreme Court disagreed: “Although an isolated instance of favoritism... ordinarily would not constitute sexual harassment, when such sexual favoritism in a workplace is sufficiently widespread... in which the demeaning message is conveyed to female employees that they are viewed by management as ‘sexual playthings’ or that the way required for women to get ahead in the workplace is by engaging in sexual conduct,” it can and does constitute harassment. The Employees alleged a pattern of harassment based on the warden’s relationships. The warden “granted unwarranted and unfair employment benefits to the three women” with whom the warden was involved, the Supreme Court determined. When the Employees complained, they suffered retaliation, which the high court called “an outrageous campaign of harassment against the plaintiffs.”
NEXT: Trip to Retrieve Car Not an FMLA Purpose
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