Civil Litigation,
Civil Rights
Jan. 29, 2018
A look back on same-gender sex harassment
It’s not too long ago that California courts lacked an adequate remedy for such claims.
V. James DeSimone won a precedent-setting writ motion 25 years ago that made same-gender sexual harassment the basis for a violation of the Fair Employment and Housing Act.
It's been 25 years since the only published decision a California lawyer had to work involving male-on-male sexual harassment found the alleged misconduct more akin to horseplay than sexually-charged behavior.
That changed with Mogilefsky v. Silver Pictures et al., a precedent-setting 1993 case in which the 2nd District Court of Appeal found that same-gender sexual harassment could be the basis for a violation of the Fair Em...
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