What is the Legal Cause of Action for Sexual Harrassment?

Written by Adam Peck Category: Injury Law May 16th, 2013 1 min read

What is the Legal Cause of Action for Sexual Harrassment?. Unruh Act claim under Civil Code 51.9 and 52 (attorneys fees, treble damages, etc.)

Ca Civil § 51.9: > Ca Civil § 51.9 prohibits sexual harassment where a business, service or professional relationship exists between the plaintiff and defendant. The statute specifically applies to relationships with physicians, dentists, attorneys, real estate agents, accountants, bankers, building contractors, executors, trustees, landlords, and teachers, and any other relationship “substantially similar” to those listed. [> Ca Civil § 51.9(a)(1)]

Although not applicable to employment relationships, > Ca Civil § 51.9 is deemed to incorporate the liability limitations governing workplace sexual harassment suits brought under Title VII and the FEHA. [> Hughes v. Pair (2009) 46 Cal.4th 1035, 1048, 95 Cal.Rptr.3d 636, 648–> Ca Civil § 51.9 requirement that sexual harassment be “pervasive and severe” means same thing as in suits under Title VII or FEHA for sexual harassment in workplace]

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.