Thanks California
The case involves former employees at the Valley State Prison for Women in Chowchilla who complained about then-warden Lewis Kuykendall, who was sexually involved with at least three women at the same time.
The plaintiffs, Edna Miller and Frances Mackey, sued the Department of Corrections for sexual harassment in 1999.
A lower court ruled against the women, saying they "were not themselves subjected to sexual advances and were not treated any differently than male employees." The state Supreme Court overturned that decision Monday.
An isolated instance of favoritism would not ordinarily constitute sexual harassment, Chief Justice Ronald M. George wrote in the unanimous decision.
But when it is so widespread that "the demeaning message is conveyed to female employees that they are viewed by management as 'sexual playthings' or that the way required for women to get ahead in the workplace is by engaging in sexual conduct," it constitutes harassment, he wrote.
Both women subsequently left their jobs, and Mackey died in 2003. An Internal Affairs investigation in 1998 resulted in Kuykendall's retirement.
so you are a manager.. or some other person "In authority" you have a perfectly consentual relationship with one of your female subordinates (henceforth to be known as "a really dumb idea anyway")... you can be found guilty of sexual harrasment if the other female employees think that you aren't treating them as well because you're not having sex with them.
so what first covered abuse of power, then turned into some metaphysical thing almost... now you don't even have to have anything bad at all happen to you... and you can still sue
aint this a grand country?
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