Appeals Court Rules That Thirteen Incidents of Alleged Sexual Harassment Over Two to Three Years Did Not Violate California Law

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California law prohibits two forms of sexual harassment. An employer commits "quid pro quo harassment" if it requires an employee to submit to unwelcome sexual advances as a term of employment. An employer is liable for "hostile work environment harassment" if the employee is subject to harassment that is "sufficiently pervasive so as to alter the conditions of employment and create an abusive work environment." A recent California Court of Appeal decision, Haberman v. Cengage Learning, Inc., demonstrates that even prolonged exposure to numerous episodes of offensive conduct may not be "pervasive" enough to subject an employer to liability for hostile work environment sexual harassment.

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