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March 2007

Both California and Federal law have generally defined sexual harassment as unwanted sexual conduct of two main types: quid pro quo harassment and hostile environment harassment. Quid pro quo harassment occurs when employment is conditioned, expressly or impliedly, on the submission to unwelcome sexual advances. See Nichols v. Frank (9th Cir 1994) 42 F.3d 503. Hostile environment harassment generally occurs when the plaintiff’s work environment is made hostile or abusive by sexual misconduct. See, Doe v. Capital Cities (1996) 50 Cal.App.4th 1038, 1045; Mogilefsky v. Superior Court (1993) 20 Cal.App.4th 1409, 1414; Montero v. AGCO Corp. (9th Cir 1999) 192 F.3d 856, 860; Fuller v. City of Oakland (9th Cir 1995) 47 F.3d 1522, 1527.

The Harasser

Under California Law the harasser is personally liable to the victim of the harassment. If the harasser is a supervisor, or in...
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