California
How Faragher v. Boca Raton applies in California: state-specific rules, key cases, and bar exam notes for Labor Law.
California law mirrors the federal standard set forth in Faragher v. Boca Raton, emphasizing employer liability for sexual harassment by supervisors. In California, courts analyze the existence of harassment in the work environment and the adequacy of the employer's response to such conduct.
Under California law, employers are strictly liable for hostile work environment harassment perpetrated by managers and supervisors, as established in the Fair Employment and Housing Act (FEHA).
The court held that an employer is liable for a hostile work environment created by a supervisor if the employer fails to take immediate and appropriate action to prevent or correct the harassment.
The court ruled that a supervisor's actions can lead to employer liability if those actions create a hostile environment and are not promptly addressed.
The California Supreme Court reaffirmed the threshold for proving harassment in a workplace, emphasizing the need for both severity and pervasiveness of the behavior.
California's approach builds on the federal standards established by the Supreme Court in Faragher, but with a stronger emphasis on employer responsiveness under state law. California courts may impose greater penalties and require more stringent measures from employers to eliminate harassment.
The principles from Faragher v. Boca Raton are frequently tested on the California bar exam, particularly under Labor Law and Employment Law sections.