CARRISALES v. DEPARTMENT OF CORRECTIONS

No. S073601.

90 Cal.Rptr.2d 804 (1999)

21 Cal.4th 1132

988 P.2d 1083

Maryann CARRISALES, Plaintiff and Appellant, v. DEPARTMENT OF CORRECTIONS et al., Defendants and Respondents.

Supreme Court of California.

December 9, 1999.


Attorney(s) appearing for the Case

Quackenbush and Quackenbush, William C. Quackenbush, San Mateo; Law Offices of Mark John Tundis and Mark John Tundis, Upland, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Louis Verdugo, Jr., Assistant Attorney General, and Thomas P. Reilly, Deputy Attorney General, for the Fair Employment and Housing Commission as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Offices of Patricia D. Barrett and Patricia D. Barrett, Rancho Cucamonga, for Defendants and Respondents Department of Corrections, Denise Powell and Rose Del Valle.

Franscell, Strickland, Roberts & Lawrence, Tuverson & Hillyard and Kathleen A. Stosuy, Palm Springs, for Defendant and Respondent Dave Selkirk.

Brobeck, Phleger & Harrison, Rebecca D. Eisen and Richard T. Marquez, Los Angeles, for the Employers Group as Amicus Curiae on behalf of Defendant and Respondent Dave Selkirk.


CHIN, J.

The California Fair Employment and Housing Act (FEHA)(Gov.Code, § 12900 et seq.)1 declares certain kinds of discrimination and harassment in the workplace to be "unlawful employment practice[s]." (§ 12940.) We must decide whether an employee may be personally liable to a coworker for sexual harassment under the FEHA. We conclude that the FEHA does not apply to actions between coworkers not involving a supervisorial relationship...

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