California Supreme Court Adopts Title VII Standards For Sexual Harassment Restrictions On Professional Relationships

Standard Established For Sexual Harassment Within Professional Relationships is an important National Law Journal article for California attorneys. California's Civil Code Section 51.9, prohibits sexual harassment in certain business relationships outside the workplace, such as those involving attorneys and their clients or doctors and their patients. The statute limits liability to conduct that is "pervasive" or "severe" but does not define those terms. On July 2, the California Supreme Court found that the definition of "pervasive" or "severe" under Civil Code section 51.9 is the same as that under case law involving workplace sexual harassment cases. Even in states that do not have such statutes, this case may be important with respect to establishing the appropriate standard in professional relationship cases.

Law review commentary on this important issue is needed.

Mitchell H. Rubinstein