Chapman

April Chapman (Chapman) appeals from a judgment upon a special verdict finding in favor of defendants Bruce Enos (Enos) and the County of Sonoma (County) on her causes of action for sexual harassment and retaliation. The pivotal issue for liability was whether the alleged harasser, Enos, was Chapman’s supervisor. Chapman contends that the trial court erroneously modified the standard jury instruction on the definition of supervisor. We agree and conclude that the error requires reversal.

I. FACTUAL BACKGROUND

A. Chapman’s Work History

In 1988, Chapman became an investigator for the County District Attorney’s Office. She had previously worked as a deputy sheriff for the County Sheriff’s Department for 10 years. As an investigator, Chapman’s duties involved investigating cases “under limited direction.” Her responsibilities included “investigation of] criminal and civil complaints, interviewing] or interrogation of] witnesses, law-enforcement officers, defendants’ victims and/or other individuals who may provide pertinent information; [and] evaluation] and analysis of] information.” Chapman performed her duties under the direction of the deputy district attorney assigned…