SEXUAL HARASSMENT ATTORNEYS IN THE SAN JOSE, BAY AREA

Sexual Harassment in Business, Service and Professional Relationships

The California Fair Employment and Housing act prohibits sexual harassment in the workplace. In addition, California law provides protection against sexual harassment for persons in business, service and professional relationships. California Civil Code Section 51.9 provides for a civil action as a remedy for sexual harassment in situations where there is a business, service or professional relationship between the plaintiff and defendant. Under Civil Code Section 51.9, the relationship may include a plaintiff and persons including, but not limited to the following: physician, psychotherapist, dentist, attorney, social worker, real estate agent, real estate appraiser, accountant, banker, trust officer, financial planner, loan officer, collection service, building contractor, escrow loan officer, executor, trustee, administrator, landlord, property manager, teacher, or a relationship that is substantially similar to any of the above.

The protection provided under Civil Code Section 51.9 is to protect against sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or for situations where the plaintiff has been engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender. The offensive conduct must be unwelcome by the plaintiff and also must be pervasive or severe. Section 51.9 also provides that there must be an inability by the plaintiff to easily terminate the relationship.

A copy of Civil Code Section 51.9 is appended below. The California Supreme Court has ruled that cases under Civil Code Section 51.9 will be analyzed by the courts in a manner similar to workplace cases of sexual harassment under the Fair Employment and Housing Act. In the case of Hughes v. Pair (July 2009), the California Supreme Court judged the case by the same standards of pervasive or severe that apply to hostile work environment in employment. The Supreme Court adopted the same definitions of “pervasive” or “severe” that have been applied by the courts for sexual discrimination in the workplace. “Severe” means that the conduct or statements by the perpetrator must amount to a threat to commit a sexual assault or constitute a sexual assault. For “pervasive”, the conduct must be based on more than a single incident so that the harassment permeates the workplace and alters the victim’s working conditions so as to create a hostile and abusive working environment. With respect to the pervasiveness of harassment, the courts have held that a victim generally cannot recover for harassment that it is occasional, isolated, sporadic or trivial; rather, the victim must show a concerted pattern of harassment of a repeated, routine, or generalized nature.

California Civil Code Section 51.9. Sexual Harassment; business, service and professional relationships

(a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements:

(1) There is a business, service, or professional relationship between the plaintiff and defendant. Such a relationship may exist between a plaintiff and a person, including, but not limited to, any of the following persons:

(A) Physician, psychotherapist, or dentist. For purposes of this section, "psychotherapist" has the same meaning as set forth in paragraph (1) of subdivision (c) of Section 728 of the Business and Professions Code.

(B) Attorney, holder of a master's degree in social work, real estate agent, real estate appraiser, accountant, banker, trust officer, financial planner loan officer, collection service, building contractor, or escrow loan officer.

(C) Executor, trustee, or administrator.

(D) Landlord or property manager.

(E) Teacher.

(F) A relationship that is substantially similar to any of the above.

(2) The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe.

(3) There is an inability by the plaintiff to easily terminate the relationship.

(4) The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right, as a result of the conduct described in paragraph (2).

(b) In an action pursuant to this section, damages shall be awarded as provided by subdivision (b) of Section 52.

(c) Nothing in this section shall be construed to limit application of any other remedies or rights provided under the law.

(d) The definition of sexual harassment and the standards for determining liability set forth in this section shall be limited to determining liability only with regard to a cause of action brought under this section.

Please do not hesitate to give us a call at 650-857-1600 or email us at brodericklaw@brodericklaw.com for a free consultation on how best to approach your sexual harassment problems with employers. At the Broderick Law Firm we are here to help you stop wrongful sexual harassment in the workplace.

The Broderick Law Firm handles matters within the jurisdiction of the Federal and State Courts of California only. Broderick Law Firm is located in Palo Alto and represents clients throughout the Bay Area. We serve Santa Clara County, Alameda County, Contra Costa County, Marin County, Merced County, Monterey County, Napa County, Sacramento County, San Benito County, San Francisco County, San Joaquin County, San Mateo County, Santa Cruz County, Solano County, Sonoma County, and Stanislaus County, including the cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Belvedere, Bolinas, Corte Madera, Dillon Beach, Dogtown, Fairfax, Inverness, Inverness Park, Kentfield, Lagunitas-Forest Knolls, Larkspur, Marshall, Mill Valley, Muir Beach, Nicasio, Novato, Olema, Point Reyes Station, Ross, San Anselmo, San Geronimo, San Rafael, Sausalito, Stinson Beach, Tiburon, Tomales, Woodacre, Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced, Carmel-by-the-Sea, Del Rey Oaks, Gonzales, King City, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, Soledad, American Canyon,Calistoga, Napa, St. Helena, Yountville, Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova, Sacramento, Aromas, Hollister, Paicines, Ridgemark, San Juan Bautista, Tres Pinos, San Francisco, Stockton, Escalon, Lathrop, Lodi, Manteca, Ripon, Tracy, Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, Santa Cruz County, Capitola, Santa Cruz, Scotts Valley, Watsonville, Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Vallejo, Sonoma County, Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, Windsor, Ceres, Crows Landing, Del Rio, Denair, Diablo Grande, Empire, Grayson, Hickman, Hughson, Keyes, Knights Ferry, LaGrange, Modesto, Newman, Oakdale, Patterson, Riverbank, Salida, Turlock, Valley Home, Waterford, and Westley.