Bohnert

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT

Male students at Junípero Serra High School (“Serra”) sexually harassed plaintiff Kimberly Bohnert while she was employed as a biology teacher, taking and disseminating several “upskirt” 1 photos and videos of her and other female teachers, among other things. Serra is operated by defendant the Roman Catholic Archbishop of San Francisco (“the Archdiocese”). After the school, and the Archdiocese allegedly failed to adequately remediate the harassment, Bohnert asserted that the Archdiocese and Serra created a hostile work environment, and brought claims against them based upon violations of the Fair Employment and Housing Act (“FEHA”) and Title VII of the Civil Rights Act (“Title VII”). The defendants moved for summary judgment on all of Bohnert’s claims, and ■ I heard argument on September 9, 2015.

There is no evidence that Serra is legally independent of the Archdiocese. Instead, the evidence indicates that the school is wholly governed by the Archdiocese. Defendants moved for summary judgment on the First and Third Causes of Action on the ground that Serra is not an “employer” under FEHA. I GRANT that…