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Workplace Relationships and Sexual Favoritism May Create Grounds for Sexual Harassment Complaints

MSK Client Alert
July 2005

Employers may now become liable for sexual harassment for failing to keep employees' sexual affairs under control. In the recent decision of Miller v. Department of Corrections, a case with extraordinary factual contentions, the California Supreme Court unanimously held that widespread sexual favoritism in the workplace may create an actionable hostile work environment, even for those employees not involved with the sexual conduct at issue. Case No.S114097 (July 18, 2005).

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