Court: Employer may be liable for sexual harassment by nonemployee

A hotel housekeeping employee was brutally raped by a trespasser while she was working at the hotel. The employee sued her employer for violating the California Fair Employment and Housing Act (FEHA) provisions requiring it to protect her from nonemployee sexual harassment. The hotel argued that the employee couldn't establish a valid claim under the FEHA because it didn't know the trespasser posed a risk to her before he appeared on its property, and her claim was therefore barred by the workers' compensation exclusivity rule. The trial court agreed with the hotel, but the appellate court found the employee had established a valid claim for sexual harassment by a nonemployee. Read More...