Elster

INTRODUCTION

An attorney sent his secretary multiple rounds of offensive emails. Some were pornographic; some contained vulgar and sexually explicit language. After each series of emails the employee promptly complained to the law firm‟s office manager, but to no avail. The employee‟s doctor eventually put her on medical leave. The employee subsequently sued the law firm and the attorney for sexual harassment, failure to prevent sexual harassment, retaliation under the California Fair Employment and Housing Act (FEHA; Gov. Code,1 § 12900 et seq.), and intentional infliction of emotional distress. The trial court entered judgment in favor of the attorney and the law firm after sustaining their demurrers to the employee‟s causes of action in the second amended complaint for violation of FEHA and their demurrer to the employee‟s cause of action in the third amended complaint for intentional infliction of emotional distress, both without leave to amend. The issues in this appeal are whether the employee‟s allegations stated causes of action for violation of FEHA, and whether the exclusivity provision of the workers‟ compensation law bars her cause of action for intentional infliction…