• California Supreme Court Holds That Employee's Failure To Report Harassment To Employer Limits Damages
  • February 17, 2004
  • Law Firm: Ervin, Cohen & Jessup LLP - Beverly Hills Office
  • In the much-anticipated case of State Department of Health Services v. Superior Court of Sacramento County, 31 Cal. 4th 1026 (2003) (widely known as the "McGinnis" case), the California Supreme Court held that an employee who unreasonably failed to report sexual harassment could be restricted or barred entirely from recovering damages. In McGinnis, the Court assessed whether a sexual harassment victim's failure to use her employer's internal complaint and reporting procedures excused the employer from liability under California's Fair Employment and Housing Act (FEHA), Gov. Code ยง12900 et seq.