Greene

INTRODUCTION

Denise Greene sued her employer, the City of Los Angeles, for sexual harassment under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). A jury returned a verdict for the City. Greene appeals from the judgment and the court’s subsequent order awarding the City its costs. She argues, among other things, the trial court erred in admitting evidence of her alleged sexual conduct with three coworkers. Because the trial court abused its discretion in admitting evidence of Greene’s sexual conduct with the coworkers and the error was prejudicial, we reverse the judgment and the order awarding costs.

FACTUAL AND PROCEDURAL BACKGROUND

A. Greene Complains About a Coworker, and the City Investigates The City hired Greene as a gardener/caretaker in 2016. Her duties included emptying trash bins, cutting grass, and other gardening and maintenance tasks. In 2017 Greene complained to Theresa Walker in the City’s human resources department that a coworker at the Westwood Recreation Center, Scott Martens, called her a “bitch.” Walker investigated and received a written statement from Martens. Martens admitted that he called Greene a “bitch,” but stated that…