Legal Opinion

Herberg v. California Institute of the Arts

California Court of Appeal

Decided August 13, 2002No. B148834PublishedCited by 25 opinions

1Opinion of the Court

Opinion

PERLUSS, J.

Mary Herberg, an administrative employee of defendant California Institute of the Arts (CalArts), was depicted in a vulgar and sexually oriented drawing prepared by two CalArts students. The drawing was displayed as part of a year-end exhibition of student art in CalArts’s main gallery for approximately 24 hours. Herberg, along with her daughter Bobette Heuer and her granddaughter Deborah Dutro (also CalArts employees), sued CalArts for sexual harassment under the California Fair Employment and Housing Act, Government Code section 12940 et seq. (FEHA), 1 alleging the display…

2Cases cited24 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
  3. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  4. Patricia A. Brooks v. City of San Mateo, a Municipal Order and Corporation San Mateo Police Department John Stangl, Chief of Police Steven SelvaggioCourt of Appeals for the Ninth Circuit · 2000
  5. Kerry Ellison v. Nicholas F. Brady, Secretary of the TreasuryCourt of Appeals for the Ninth Circuit · 1991

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3Cited by25 opinions

  1. Hughes v. PairCalifornia Supreme Court · 2009
  2. Lyle v. Warner Brothers Television ProductionsCalifornia Supreme Court · 2006
  3. Kelley v. The Conco Cos.California Court of Appeal · 2011
  4. Scalf v. D. B. Log Homes, Inc.California Court of Appeal · 2005
  5. Orange Cnty. Water Dist. v. Sabic Innovative Plastics United States, LLC, California Court of Appeal, 5th District2017

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