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BIRSCHTEIN v. NEW UNITED MOTOR MFG., INC.

No. A090680.

112 Cal.Rptr.2d 347 (2001)

92 Cal.App.4th 994

Michelle BIRSCHTEIN, Plaintiff and Appellant, v. NEW UNITED MOTOR MANUFACTURING, INC, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

Rehearing Denied November 7, 2001.

Review Denied January 16, 2002.

Attorney(s) appearing for the Case

Law Office of Stephen M. Fuerch, Stephen M. Fuerch, Pleasonton, Law Office of Bryce C. Anderson, Bryce C. Anderson, Clayton, Counsel for Appellant.

Paul, Hastings, Janofsky & Walker LLP, Paul W. Cane, Jr. Rosemary M. Kirbach, San Francisco, Heather A. Morgan, Counsel for Respondent.

KAY, J.

Can staring at a fellow employee—"to gaze fixedly ... with eyes wide open," is how the Oxford English Dictionary defines the word— constitute actionable sexual harassment under the California Fair Employment and Housing Act (Gov. Code § 12900 et seq.)(FEHA)? We hold that under the circumstances disclosed by the record in this case, such conduct may indeed violate FEHA's proscription...

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