Salazar

Plaintiff and appellant Raquel Salazar (Salazar) appeals a judgment following a grant of nonsuit in favor of her former employer, defendant and respondent Diversified Paratransit, Inc. (Diversified), and her former supervisor, defendant and respondent Rudy Vokoun (Vokoun).

The evidence showed Salazar, an employee of Diversified, repeatedly was subjected to sexual harassment by a client of Diversified, and she reported the conduct to her employer which failed to take any corrective action. Salazar quit and sued. The trial court granted nonsuit in favor of defendants on the ground the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) 1 does not protect an employee from sexual harassment by an employer’s client or customer.

This court, in a two-to-one decision, upheld that ruling. Salazar then filed a petition for review which the Supreme Court granted. While the matter was pending in the court above, the Legislature adopted Assembly Bill No. 76 (2002-2003 Reg. Sess.) (Assem. Bill 76), with the stated intent of clarifying the law and abrogating this court’s decision in the matter. The Supreme Court then transferred the matter back to this court for…

I respectfully dissent.

In 1997, Rocha, a client of defendant Diversified Paratransit, sexually harassed plaintiff Salazar. Diversified Paratransit and its employees did not sexually harass Salazar. In 1984, the Legislature rejected a proposed amendment to Government Code section 12940, 1 the statute at issue here, which would have made employers like Diversified Paratransit liable for sexual harassment by clients like Rocha. Therefore in 1997, when Rocha sexually harassed Salazar, the law gave no notice to Diversified Paratransit that it could be hable for Rocha’s actions. Although the Legislature stated that Assembly Bill No. 76 (2002-2003) merely “clarified” existing law, abundant *329 evidence shows that Assembly Bill No. 76 made significant, substantive changes in the law, expanding the scope of employer liability and the scope of a plaintiffs cause of action against an employer for sexual harassment by its clients under the California Fair Employment and Housing Act. The Legislature cannot change “the rules of the game” to make employers liable for past sexual harassment of employees by nonemployees, customers, or clients. Indeed, the Legislature disregarded its own…

Plaintiff and appellant Raquel Salazar (Salazar) appeals a judgment following a grant of nonsuit in favor of her former employer, defendant and respondent Diversified Paratransit, Inc. (Diversified), and her former supervisor, defendant and respondent Rudy Vokoun (Vokoun).

The evidence showed Salazar, an employee of Diversified, repeatedly was subjected to sexual harassment by a client of Diversified, and she reported the conduct to her employer which failed to take any corrective action. Salazar quit and sued. The trial court granted nonsuit in favor of defendants on the ground the Fair Employment and Housing Act (FEHA) (Gov.Code, § 12900 et seq.) [1] does not protect an employee from sexual harassment by an employer's client or customer.

This court, in a 2-1 decision, upheld that ruling. Salazar then filed a petition for review which the Supreme Court granted. While the matter was pending in the court above, the Legislature adopted AB 76, with the stated intent of clarifying the law and abrogating this court's decision in the matter. The Supreme Court then transferred the matter back to this court for reconsideration in light of the new enactment. We conclude AB…