California Court of Appeal

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Lewis v. City of Benicia, A134078

In an action brought by plaintiff, a heterosexual man, alleging claims under California's Fair Employment and Housing Act (FEHA) for sexual harassment and retaliation against defendant supervisors and defendant-city employer, judgment for defendants is: 1) reversed in part as to defendant Hickman, where triable issues of material fact preclude summary adjudication of that claim because the evidence in the present case allows an inference that defendant Hickman's conduct toward plaintiff constituted discrimination because of sex and that defendant Hickman engaged in a pervasive pattern of harassing conduct; 2) affirmed in part as to defendant Lantrip; 3) reversed in part as to the sexual harassment claim against defendant-city; and 4) reversed in part on the retaliation claim against defendant-city, where the trial court prejudicially erred in excluding certain evidence at trial.

Appellate Information

  • Decided 03/26/2014
  • Published 03/26/2014




  • California Court of Appeal