Kelly-Zurian

—Defendant and appellant Robert Lawicki (Lawicki) appeals a judgment entered upon a $125,000 jury verdict in favor of plaintiff and appellant Kathleen Joyce Kelly-Zurian (Zurian) in a sexual harassment case. Defendants and appellants Wohl Shoe Company, Shoe Company-Fanfares Shoes Division (Wohl), Lawicki’s former employer, separately appeal, contending Wohl is not liable for Lawicki’s conduct. Zurian also appeals, contending she is entitled to a new trial against Wohl on the issue of punitive damages.

The issues presented include an employer’s liability for sexual harassment by a supervisory employee. Due to Lawicki’s status as a supervisor, Wohl is strictly liable to Zurian in compensatory damages for Lawicki’s misconduct. (Gov. Code, § 12940, subd. (h)(1).) However, Zurian is not entitled to recover punitive damages against Wohl because Lawicki, although a supervisor, was not a managing agent of Wohl and there was no ratification. (Civ. Code, § 3294, subd. (b); Agarwal v. Johnson (1979) 25 Cal.3d 932, 950 [ 160 Cal.Rptr. 141 , 603 P.2d 58 ]; Egan v. Mutual of Omaha Ins. Co. (1979) 24 Cal.3d 809, 822-823 [ 169 Cal.Rptr. 691 , 620 P.2d 141 ].)

For the reasons discussed…