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Case Name | Salazar vs. Diversified Paratransit | |
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Date | 03/30/2004 | |
Note | FEHA gives injured worker cause of action against employer for non-employee sexual harassment. | |
Citation | 117 Cal. App. 4th 318 | |
WCC Citation | WCC 29802004 CA |
RAQUEL SALAZAR, Plaintiff and Appellant, v. DIVERSIFIED PARATRANSIT, INC. , et al. , Defendants and Respondents. OPINION KLEIN, P. J. - Plaintiff and appellant Raquel Salazar (Salazar) appeals a judgment following a grant of nonsuit in favor of her former employer, defendant and respondent Diversified Paratransit, Inc. (Diversified), and her former supervisor, defendant and respondent Rudy Vokoun (Vokoun). On October 28, 2002, this court, in Salazar v. Diversified Paratransit, Inc. (Salazar), a 2-1 decision, upheld the trial court's grant of nonsuit, ruling that the FEHA does not protect an employee from harassment by an employer's clientele. Therefore in 1997, when Rocha sexually harassed Salazar, the law gave no notice to Diversified Paratransit that it could be liable for Rocha's actions. Thus the prior statute did not clearly give notice to Diversified Paratransit that it would be responsible for sexual harassment of Salazar by Diversified Paratransit's customers or clients.
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