Wednesday, February 2, 2011
No. 07-17221, 2010 U.S. App. LEXIS 18447 (9th Cir. Sep. 3, 2010), is an interesting case. The 9th held that a female co-worker's repeated sexual advances to a male colleague can form a prima facie case of sexual harassment where the man informed her the conduct was unwelcome and repeatedly complained to various supervisors, who did not take steps to stop her behavior.
Over a six-month period, the female harasser, who was married, sent notes of an explicit sexual nature to her male colleague. The notes became more frequent as he continued to deny any interest in her. The female harasser even began to involve co-workers, asking them to deliver her notes to plaintiff and to tell him of her attraction to him. There are additional facts, but I think readers get the gist of things.
The decision in unremarkable, except it confirms that the laws against sexual harassment apply equally to men and women.
Mitchell H. Rubinstein