You may not realize that starting last January, California employers became liable for sexual harassment of employees by customers if the employer knew or should have known and failed to take immediate and appropriate corrective action. The extent of the employer's control over the customers is taken under consideration. Govt. Code Sect 12940(j)(1).
The California Appellate Court Fourth District just decided its first case under the new law. The setting is a VA Hospital, a nurse and a patient with a new penile implant. You can get more details from the opinion. The point is, it's pretty far afield from library patrons viewing porn. The court says the new law doesn't apply retroactively, so we don't get a full interpretation of the law, but it does give some history of the law.
Carter v. California Dept. of Veterans Affairs (2004) , Cal.App.4th [No. E030908. Fourth Dist., Div. Two. Aug. 17, 2004.]
California Govt Code 12940(j)(1) reads:
An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.
(emphasis mine)
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