Appellate Court Rulings in Sexual Harassment Cases

Case Kohler v. Inter-Tel Technologies
Cite 244 F. 3d 1167
Summary
of Ruling
California Courts might use a Federal ruling which allows employers to defend themselves against sexual harassement cases when there was a company procedure to report the harassment and the employee did not ues it.

Case Kohler v. Inter-Tel Technologies
Cite 2001 D.J. D.A.R. 3560
Summary
of Ruling
Federal laws gives employers certain defenses against sexual harassment cases. These include the fact that the victim failed to report the sexual harassment, even though there was a procedure by which she could report it to her superiors. This defense has never been applied under California state law. In this decision, a federal court determined that the state courts probably would allow defendants to use this defense.

Case Tennison v. Circus-Circus
Cite 244 F.3d 684
Summary
of Ruling
Sexual harassment against employees other than the claimant may not be admitted if the probative value is outweighed by undue prejudice.