DEPT. OF HEALTH SERVICES v. SUPERIOR COURT

No. S103487

6 Cal.Rptr.3d 441 (2003)

79 P.3d 556

31 Cal.4th 1026

STATE DEPARTMENT OF HEALTH SERVICES, Petitioner, v. The SUPERIOR COURT of Sacramento County, Respondent; Theresa V. McGinnis, Real Party in Interest.

Supreme Court of California

November 24, 2003


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Davis S. Chaney and Jacob Appelsmith, Assistant Attorneys General, James M. Schiavenza, Barbara J. Seidman, Barbara A. Morris, Nina Thompson and Tracy S. Hendrickson, Deputy Attorneys General, for Petitioner.

Lloyd W. Pellman, County Counsel (Los Angeles), Steven J. Carnevale, Assistant County Counsel, Alan K. Terakawa and Mary E. Reyna, Deputy County Counsel, for Los Angeles County Metropolitan Transportation Authority as Amicus Curiae on behalf of Petitioner.

Liebert Cassidy Whitmore, Richard S. Whitmore, San Rafael, and Deborah G. Leon, Mountain View, for California League of Cities' Legal Advocacy Committee and the California State Association of Counties as Amici Curiae on behalf of Petitioner.

Paul, Hastings, Janofsky & Walker, Nancy L. Abell, Paul W. Crane, Jr., Los Angeles, and Katherine C. Huibonhoa, San Francisco, for Los Angeles Unified School District as Amicus Curiae on behalf of Petitioner.

Morgan, Lewis & Bockius, Thomas M. Peterson, Los Angeles, Rebecca D. Eisen, San Francisco; Brobeck, Phleger & Harrison and Jennifer A. Kearns for The Employers Group as Amicus Curiae on behalf of Petitioner.

Heller Ehrman White & McAuliffe, Patricia K. Gillette and Greg J. Richardson, San Francisco, for The California Employment Law Council and The California Bankers Association as Amici Curiae on behalf of Petitioner.

Ballard Rosenberg Golper & Savitt, John B. Golper, Universal City, Linda Miller Savitt and Christine T. Hoeffner as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Marvin E. Krakow, Los Angeles; Christopher H. Whelan; Quackenbush & Quackenbush and William C. Quackenbush, San Diego, for Real Party in Interest.

Patricia A. Shiu, San Francisco, Claudia Center and Shelley A. Gregory for The Legal Aid Society Employment Law Center, The Impact Fund and California Women's Law Center as Amici Curiae on behalf of Real Party in Interest.

Law Offices of Jeffrey K. Winikow and Jeffrey K. Winikow, Los Angeles, for California Employment Lawyers Association as Amicus Curiae on behalf of Real Party in Interest.


KENNARD, J.

California's Fair Employment and Housing Act (Gov.Code, § 12900 et seq.)1 (the FEHA) prohibits sexual harassment in the workplace. At issue here is whether, under the FEHA, an employer is strictly liable for hostile environment sexual harassment by a supervisor and whether the damages a plaintiff may recover from the employer in such a case include damages that the plaintiff...

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