The California Supreme Court ruled Monday that employers with strong anti-harassment
policies may be spared monetary damages if the victim fails to report the misconduct
promptly and doesn't have a reasonable explanation for that failure.
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The Los Angeles Times reports that the unanimous ruling shields employers who
would have stopped a supervisor's harassment if the victim had complained. Until
now, the newspaper reports, employers had been automatically liable even if
they weren't aware of the wrongdoing.
The ruling came in a sexual harassment lawsuit filed by Theresa McGinnis, an
employee of the state Department of Health Services. She claimed to have endured
two years of improper touching and verbal harassment from her boss before complaining,
and an investigation indeed found harassment on the part of the supervisor,
who retired.
McGinnis said she waited so long to complain because she didn't think the department
would do anything. She pointed to cases of other workers who had reported the
same boss, with no action taken against him, according to the Times.
The department countered that it would have stopped the harassment if McGinnis
had complained.
Two lower courts decided against the state, but on Monday the Supreme Court
sided with the state. Justice Joyce L. Kennard, writing for the court, said
the decision was aimed at making "employers the first line of defense against
sexual harassment in the workplace."
By encouraging victims to come forward with their complaints, Kennard wrote,
the law "can stop workplace harassment before it becomes severe or pervasive."
Employment lawyers interviewed by the Times predicted the ruling would spur
employers to establish and publicize strong internal policies against sexual
harassment.
"It is going to reduce instances of sexual harassment," said Deputy
Attorney General Tracy S. Hendrickson, who represented the employer in the case
before the court. "I think employers are going to be much more diligent
about making sure policies are followed and employees have a good, clean route
to follow when they complain."
But some lawyers for sexual harassment victims said few employers would be
able to significantly reduce their exposure to damages. The ruling generally
allows a jury to determine whether a victim's failure to file a complaint immediately
was unreasonable. A jury may consider a victim's fear of retaliation and feeling
of humiliation, the court said. Studies of sexual harassment victims show they
rarely complain promptly.
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