CARTER v. DEPT. OF VETERANS AFFAIRS

No. S127921.

44 Cal.Rptr.3d 223 (2006)

38 Cal.4th 914

135 P.3d 637

Helga CARTER, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS, Defendant and Appellant.

Supreme Court of California.

June 8, 2006.


Attorney(s) appearing for the Case

Joseph Maguire, John H. McCardle, Sacramento, Patricia M. Keegan and Robert Wilson for Defendant and Appellant.

Graves & King, Patrick L. Graves, Riverside, Harvey W. Wimer III and Dennis J. Mahoney for Diversified Paratransit, Inc., and California Manufacturers and Technology Association as Amici Curiae on behalf of Defendant and Appellant.

Jones Day, Elwood Lui, Scott D. Bertzyk and Eugenia Castruccio Salamon, Los Angeles, for Los Angeles Unified School District as Amicus Curiae on behalf of Defendant and Appellant.

Terry K. Davis, Santa Ana, for Plaintiff and Respondent.

Law Office of David J. Duchow and David J. Duchow for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Orren & Orren and Tyna Thall Orren, Pasadena, for Janis Adams as Amicus Curiae on behalf of Plaintiff and Respondent.

Dave Jones and Joseph Dunn as Amici Curiae on behalf of Plaintiff and Respondent.


CHIN, J.

In 2003, the Legislature amended the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA))1 to state that employers are potentially liable when third party nonemployees (e.g., the employer's customers or clients) sexually harass their employees. (Stats.2003, ch. 671, § 2, amending § 12940, subd. (j)(1).) Prior to the amendment, section 12940, subdivision (j)(1), seemed to apply to employers and employees...

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