Nurse Drawing Blood For Police Department Alleges She Was Sexually Harassed By Police Officer.

A nurse alleges that while she was providing phlebotomist services to a police department, she was sexually harassed by a City police officer. A jury awarded damages against the City, and judgment was entered for $1.125 million. In its motion for JNOV, the City argued the nurse [who was not a City employee, or a special employee or a “person providing services pursuant to contract” under Government Code section 12940, subsection (j), subdivision (1),] was not entitled to recover under FEHA [Government Code section 12900 et seq.; Fair Employment and Housing Act]. The trial court denied the JNOV, but ordered a new trial on both liability and damages because “the issues are so interrelated that damages cannot be separated from the facts underlying liability.” The nurse did not appeal from the order for a new trial, but the City appealed from the denial of the JNOV motion. The Court of Appeal affirmed the order denying the JNOV, finding the nurse was a person covered by Government Code section 12940, subsection (j), subdivision (1). (Hirst v. City of Oceanside (Cal. App. Fourth Dist., Div. 1; May 8, 2015) 236 Cal.App.4th 774, [187 Cal.Rptr.3d 119].)