California
How Faragher v. City of Boca Raton applies in California: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
California law follows the principles established in Faragher v. City of Boca Raton regarding employer liability for harassment by employees. California courts adopt a broader interpretation of employer responsibility in maintaining a harassment-free workplace under the Fair Employment and Housing Act (FEHA).
Under California law, employers are strictly liable for harassment by supervisors unless they can prove they took reasonable steps to prevent and correct discriminatory behavior.
The court found that an employer could not escape liability for sexual harassment merely because it had established a reporting mechanism if it failed to act on reported complaints.
The court held that harassment by a coworker did not result in employer liability unless the employer knew or should have known of the harassment and failed to take appropriate action.
The court confirmed that an employer can be liable for the harassment of non-employees if it has a reasonable opportunity to investigate and stop the harassment.
While the federal standard established in Faragher provides a framework for employer liability, California's approach under FEHA extends employer responsibility by emphasizing proactive prevention and remedies for harassment claims. This means California courts may impose a higher standard for employer liability compared to federal law.
Questions on the California bar exam may involve scenarios applying the principles of employer liability for harassment, particularly focusing on the standards set forth in FEHA and relevant case law.