California Supreme Court Recognizes Limited Defense For Employers In Hostile Environment Cases

On November 24, 2003, the California Supreme Court decided two important questions of employment law: (1) whether an employer is "strictly liable" for a hostile environment created by a harassing supervisor, and (2) whether that employer is entitled to stop damages from accruing if the harassed employee failed to promptly complain about the harassment. In this respect, the court reviewed the so-called Ellerth/Faragher affirmative defense recognized in federal claims under Title VII of the Civil Rights Act of 1964.