California Supreme Court Provides New "Defense" for Sexual Harassment Claims.

Mondaq Business Briefing, January, 2004

In late November, the California Supreme Court delivered a near unanimous decision (written by Justice Kennard with Justice Moreno in concurrence) in the case of State Department of Health Services v. Superior Court, 31 Cal. 4th 1026 (2003), confirming strict liability of employers for the existence of hostile environments in their workplaces, i.e., harassment, but creating a potential bar to the recovery of damages that otherwise could have been afforded the plaintiff, if those damages could have been avoided by prompt notice of the harassment to the employer. This bar can be hurdled if the plaintiff offers appropriate proof that the damages could not have been avoided with "reasonable effort and without undue risk, expense or humiliation." Id. at 1034.

The genesis...