M.F.

*696 I

INTRODUCTION

In this appeal, we address whether, for purposes of overcoming the workers' compensation exclusivity doctrine ( Lab. Code, §§ 3600, subd. (a), 3602, subd. (a) ), a housekeeping employee stated claims against her hotel employer for violating provisions in the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq. ) 1 requiring the employer to protect the employee from nonemployee sexual harassment. The employee alleged facts showing: (1) she was raped while working on the employer's premises by a drunk nonemployee trespasser; (2) the employer knew or should have known the trespasser was on the employer's premises for about an hour before the rape occurred; and (3) the employer knew or should have known that, while on the employer's premises, the trespasser had aggressively propositioned at least one other housekeeping employee for sexual favors.

We conclude these facts are sufficient to state claims under the FEHA for sexual harassment by a nonemployee (§ 12940, subd. (j)(1)) and for failure to *697 prevent such harassment (§ 12940, subd. (k)). 2 Because the superior court determined otherwise and dismissed the employee's operative third…