California Court of Appeal

The amended Government code section 12940(j)(1), expressly providing that an employer may be responsible for sexual harassment by nonemployees, cannot constitutionally be applied retroactively to plaintiff's case.

Appellate Information

• Decided 08/17/2004
• Published 08/17/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Joseph Maguire, John H. McCardle, Hayward, and Patricia M. Keegan for Defendant and Appellant., Terry K. Davis, Napa, for Plaintiff and Respondent., Graves & King, Patrick L. Graves, Harvey W. Wimer III, Riverside, and Dennis J. Mahoney, San Bernardino, for Diversified Paratransit, Inc. and California Manufacturers & Tech. Ass'n.;  Jones Day for the Los Angeles Unified School District;  Law Office of David J. Duchrow and David J. Duchrow, for California Employment Lawyers Association, as Amicus Curiae on behalf of Plaintiff and Respondent.