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Labor/Employment

Nov. 2, 2023

Supervisors not liable for harassment by employee, judge rules

“The Reno court held that individuals who do not themselves qualify as employers are not liable for harassment that they did not participate in,” Superior Court Judge Donald F. Gaffney wrote

Supervisors not liable for harassment by employee, judge rules
Orange County Judge Donald F. Gaffney

An Orange County judge ruled Wednesday there was not enough evidence to prove that two Costa Mesa restaurant co-owners should be held liable as supervisors on claims of allowing sexual harassment that was done by an employee.

The plaintiff had argued that the state Fair Employment and Housing Act and Matthews v. Superior Court (1995) 34 Cal. App. 4th 598 allows supervisors to be held liable if they know an employee is harassing another and...

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