Campbell

Campbell v. Arco Marine, Inc.

Good Law
1996 Cal. App. LEXIS 200·42 Cal. App. 4th 1850·50 Cal. Rptr. 2d 626·96 Daily Journal DAR 2615·67 Empl. Prac. Dec. (CCH) 43,959
Court of Appeal of CaliforniaMarch 6, 1996B083493California4,088 words

Opinion

Opinion

Vogel, J.

This case presents the question of whether to construe the California Fair Employment and Housing Act to cover the sexual harassment claims of an employee of a California-based company who is not herself a resident of California, whose employment duties were performed, for the most part, outside the boundaries of the state, and whose injuries are based on behavior occurring outside the state. We hold that the Fair Employment and Housing Act was not intended to apply to nonresidents where, as here, the tortious conduct took place out of this state’s territorial boundaries.

Factual Background

Appellant Michelle Campbell is, and was at all relevant times, a resident of the State of Washington. In July of 1989, she applied through the mail for a position with respondent Arco Marine, Inc. (AMI). AMI is engaged in the transportation of crude oil by sea from Alaska to various points in the States of Washington and California. It is headquartered in Long Beach, California. Appellant was hired to serve aboard its ships as a “Utility II.” A Utility II serves food, tends sanitation, and cleans officers’ rooms, among other activities. The direct supervisor of this position is the…

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