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Recent Developments from Around the States

By ALM Staff | Law Journal Newsletters |
July 29, 2005

CALIFORNIA

Prison Warden's Consensual Sexual Affairs in Workplace May Create Hostile Work Environment for Other Employees

The California Supreme Court has held that while isolated instances of employee favoritism by those in supervisory roles toward female employees with whom they are having consensual affairs usually does not constitute sexual harassment, “when such sexual favoritism in a workplace is sufficiently widespread it may create an actionable hostile work environment.” Miller v. Department of Corrs., Cal., 2005 WL 1661190 (July 18). Reversing rulings by lower courts in the case, the Supreme Court found that in this type of situation, a “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 with their supervisors or the management.”

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