Sexual Harassment Against Employer Verdict Under Civil Code Section 51.7: Freedom From Violence Or Intimidation.

A woman janitor brought an action against her employer for sexual harassment and acts of violence against her involving kisses and other touching forced upon her by a co-employee who did a lot of drinking on the job. The case was tried, not on FEHA violations, but on causes of action for negligent supervision and hiring and under Civil Code section 51.7, [“All persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of . . .” sex.] The jury found the co-employee “committed violent acts against [plaintiff], that his perception of her sex was a motivating reason for his conduct, and that his conduct was a substantial factor in causing her harm.” The jury also found the co-employee’s supervisors learned of the conduct after the fact and ratified the co-employee’s conduct of violence against the plaintiff. Judgment was entered for $125,000, and the court awarded $550,000 for attorney fees. The appellate court affirmed. Ventura v. ABM Industries Incorporated  (Cal. App. Second Dist., Div. 5; December 20, 2012) 212 Cal.App.4th 258, [77 Cal.Comp.Cases 1091].