News Notes: Employer Defends Harassment Suit By Pointing To Employee’s Prior Sexual Conduct

A California appeals court has ruled that when an employee sues for hostile work environment sexual harassment, the employer can rely on evidence of the employee’s own sexual statements and conduct with the alleged harasser—whether in the workplace or not—to prove that the alleged harassment wasn’t unwelcome or abusive. The case involved a legal secretary who sued the Sacramento law firm where she worked for sexual harassment. The law firm successfully defended the lawsuit by pointing to the secretary’s racy banter and discussions of sexual exploits with the alleged harassers.