Is the employer's state of mind relevant to a claim for sexual harassment?

California, United States of America


The following excerpt is from Capel v. Coburn Equip. Inc, E047647, No. RCVRS092631 (Cal. App. 2010):

[her] objections to the ongoing sexual advances of [Coburn] and initiation of an administrative complaint as a result of the ongoing sexual harassment of [her] by [Coburn]." The challenged evidence was indeed relevant to that contention. (See Casella v. SouthWest Dealer Services, Inc. (2007) 157 Cal.App.4th 1127, 1147 [employer's "state of mind was not only relevant, it was an element of [a] claim for wrongful termination in violation of public policy"].)

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