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CA Supreme Court Expands Protections for Workers

By John P. LeCrone
October 05, 2005

In a pair of recent decisions, the California Supreme Court has significantly widened protections for workers claiming harassment and discrimination under the state's Fair Employment and Housing Act. Taken together, these decisions give California employees protections from job discrimination far beyond those in any other state.

Miller v. Dept. of Corrections

In Miller v. Dept. of Corrections, a unanimous Supreme Court ruled that the sexual affairs and favoritism of a supervisor may support claims of sexual harassment, even by employees who are not involved in the affairs or the target of any sexual conduct. Under existing California law, only an employee who was directly subjected to sexual conduct in the workplace, either of a physical, verbal, or visual nature, could bring a claim for sexual harassment.

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