Employee allegedly harassed by supervisor: Sexual harassment: Strict liability: Emotional distress: Verdict

Law Reporter, Jun 2001

Drummer v. San Francisco Hous. Auth., Cal., San Francisco County Super. Ct., No. 306816, Jan. 2, 2001.

Drummer, 41, an administrative clerk at a public housing agency, worked in the same facility as Huggins, who performed property management duties for the agency. Huggins allegedly subjected Drummer to unwelcome conduct of a sexual nature, including using terms of intimacy to address Drummer and initiating conversations of a sexual nature. Drummer suffered emotional distress. Her medical expenses were paid by workers' compensation.

Drummer filed suit against Huggins and the agency, alleging sexual harassment. Suit against the agency also alleged violation of Cal. Gov't Code (sec)12940(h)(1), which makes an employer strictly liable for a supervisor's harassment of an employee. That section also requires that an employer take all reasonable steps necessary to prevent harassment. Plaintiff did not claim lost income.

In a bench trial, the court awarded $75,000 for emotional distress. Defendants are jointly and severally liable. Posttrial motions are pending.

Plaintiffs Counsel

*Stephen M. Murphy, San Francisco, Cal.

R. Michael Hoffman, San Francisco, Cal.