YANOWITZ v. L'OREAL USA, INC.

No. S115154.

32 Cal.Rptr.3d 436 (2005)

36 Cal.4th 1028

116 P.3d 1123

Elysa J. YANOWITZ, Plaintiff and Appellant, v. L'OREAL USA, INC., Defendant and Respondent.

Supreme Court of California

August 11, 2005.


Attorney(s) appearing for the Case

Herbert W. Yanowitz, San Francisco, and Joseph R. Grodin, Berkeley, for Plaintiff and Appellant.

William R. Tamayo, San Francisco, Eric S. Dreiband, Lorraine C. Davis, Vincent Blackwood, Washington, DC, and Elizabeth E. Theran for U.S. Equal Employment Opportunity Commission as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Offices of Jeffrey K. Winikow and Jeffrey K. Winikow, Los Angeles, for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Charlotte E. Fishman, San Francisco, for Equal Rights Advocates, Asian Law Caucus, California Women's Law Center, Disability Rights Education and Defense Fund, Inc., The Impact Fund, The Legal Aid Society-Employment Law Center, Mexican American Legal Defense and Education Fund, The National Women's Law Center and Women's Employment Rights Clinic as Amici Curiae on behalf of Plaintiff and Appellant.

Morgenstein & Jubelirer, William J. Carroll and David H. Bromfield, San Francisco, for Defendant and Respondent.

Mitchell Silberberg & Knupp, Lawrence A. Michaels and Suzanne M. Steinke, Los Angeles, for California Employment Law Council as Amicus Curiae on behalf of Defendant and Respondent.

Ballard, Rosenberg, Golper & Savitt, Linda Miller Savitt, John J. Manier and Christine T. Hoeffner, Universal City, as Amici Curiae on behalf of Defendant and Respondent.

Pillsbury Winthrop, George S. Howard, Jr., and Brian L. Johnson, San Diego, for Employers Group as Amicus Curiae on behalf of Defendant and Respondent.


GEORGE, C.J.

Plaintiff Elysa J. Yanowitz was a regional sales manager employed by defendant L'Oreal USA, Inc. (L'Oreal), a prominent cosmetics and fragrance company. Yanowitz alleges that after she refused to carry out an order from a male supervisor to terminate the employment of a female sales associate who, in the supervisor's view, was not sufficiently sexually attractive or "hot," she was subjected to heightened...

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