Birschtein v. New United Motor Manufacturing, Inc.

Opinion

KAY, J.

Can staring at a fellow employee—“to gaze fixedly . . . with eyes wide open,” is how the Oxford English Dictionary defines the word— constitute actionable sexual harassment under the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA)? We hold that under the circumstances disclosed by the record in this case, such conduct may indeed violate FEHA’s proscription on gender-based harassment in the workplace. Whether it does or does not amount to harassment as a matter of fact is a determination for the trier of fact in later proceedings; here, we decide…