Friday, March 21, 2014

Ellis v. US Security Associates (Cal. Ct. App. - March 20, 2014)

The Court of Appeal holds that you can't contractually shorten the limitations for FEHA claims (e.g., sexual harassment) to six months.  That's against public policy and invalid.  So it reverses the trial court's dismissal of the lawsuit.

It's a tight little opinion.  Very persuasive.  Maybe a little long on case-by-case distinctions of prior precedent.  But that's not particularly unusual for opinions in the Court of Appeal.  A byproduct of turning bench memos/tentative opinions directly into the final product.  It nonetheless remains a good piece of work.

There's also a nice couple of pages that describe the salacious details.  References to the supervisor "pulling up his pants in front of [plaintiff] to expose the size of his sexual organ" and how both he and his wife (who also worked at the place) tried to convince plaintiff to join 'em in a threeway.  Which is all fine.  If you're into that sort of thing.  But not at work.  While you're there, keep it professional.

And in your pants.