This is a classic case of why the Fair Employment and Housing Act (FEHA) was enacted. Per FEHA, an employer is supposed to take all reasonable steps to prevent sexual harassment and discrimination from occurring. Plaintiff, a female patient technician at a medical clinic, was subject to repeated acts of severe and disgusting verbal and physical sexual harassment from her male supervisor - who was married to a higher supervisor and told plaintiff that he "could get away with anything". He massaged her shoulders, stared or leered at her, brushed up against her breasts or buttocks, made suggestive remarks, and tried to kiss her. Plaintiff complained but was afraid to name the supervisor. An investigation was launched only after three other women came forward and alleged their own sexual harassment by the same supervisor. The investigation concluded insufficient evidence of sexual harassment. The supervisor was given a raise. Plaintiff was transferred to a different facility.
Winer, McKenna & Burritt were able to show the employer's insurance carrier that there was a hostile work environment, and that the company acted to protect its supervisors at the expense of its employees.