Harassment Update: Recent Cases Highlight Employer Liability for Harassment by Customers and Supervisory Favoritism

August 2005
Employment Law Notes
Two recent court decisions, one from the Court of Appeals for the Ninth Circuit and the other from the Supreme Court of California, provide timely reminders to employers about their responsibility to maintain a harassment-free workplace. The Ninth Circuit decision, Galdamez v. Potter, reminds employers that they can be held liable if their employees are harassed by customers. The California decision, Miller v. Department of Corrections, instructs employers that they can be held liable for harassment if supervisory favoritism toward subordinates with whom supervisors are having consensual relationships is widespread.