Law360, New York (March 12, 2014, 5:52 PM EDT) -- A California court of appeal recently ruled that motive is not a requisite element in proving a claim of hostile work environment based on same-sex harassment under the Fair Employment and Housing Act ("FEHA"). As a result of the legislature’s recent amendment to the FEHA and the recent appellate opinion analyzing the issue, it is now easier for a plaintiff to establish a claim for sexual harassment.
Competing Judicial Holdings on “Motive” in Sexual Harassment Claims
A layperson’s understanding of employment sexual harassment often envisions a...
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