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]
About the Author
Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.