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Insurance Agencies And The Employment Civil Rights Laws Of California And The Ninth Circuit, Part 2
This ar...ptr.2d. Barbara Lindemann et al, Sexual Harassment.

... emotional distress. In determining what constitutes sexual harassment, bear in mind that the federal Ninth Circuit defines sexual harassment from the victim's viewpoint, which for females means conduct which a reasonable woman would consider sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment.(12) This standard of a reasonable woman, ' not a reasonable person, ' may mandate the manners of an earlier and more civil period in our history. Sexual Orientation Discrimination in employment for sexual orientation is actionable under California law,( ... damages in excess of those allowed by Workers Compensation, if the employer wrongfully fails to accommodate an injured worker. However, the ADA can in turn be overridden by other federal statutes, such as the Railway Labor act which established physical job requirements.(8 ) Sexual Harassment Sexual harassment in employment is a hot legal topic.(9 ) It is an area fraught with danger for an employer, which can be held responsible for the acts of an employee. The employer is strictly liable for sexual harassment by a supervisor in ... discharge for alcohol or drug use on the job, even if such conditions could be considered in some circumstances to be disabilities that call for accommodation. In Collings v. Longview Fibre Co.,(3 ) the Court held that employees had been dismissed for drug-related misconduct, not for drug addiction (which could be considered a disability) . An employer does not violate the ADA by having rules prohibiting the illegal use of drugs at the workplace and discharging employees who violate those rules. A distinction might be drawn between past use ...