M.F. v. Pacific Pearl Hotel Management LLCAnnotate this Case
The Court of Appeal addressed whether, for purposes of overcoming the workers' compensation exclusivity doctrine (Lab. Code, section 3600(a) and 3602(a)), an employee’s statements against her hotel employer for violating provisions in the California Fair Employment and Housing Act (FEHA), were sufficient to protect her from nonemployee sexual harassment. The employee alleged facts showing: (1) she was raped while working on the employer's premises by a drunk nonemployee trespasser; (2) the employer knew or should have known the trespasser was on the employer's premises for about an hour before the rape occurred; and (3) the employer knew or should have known that, while on the employer's premises, the trespasser had aggressively propositioned at least one other housekeeping employee for sexual favors. The Court of Appeal concluded these facts were sufficient to state claims under the FEHA for sexual harassment by a nonemployee and for failure to prevent such harassment. Because the superior court determined otherwise and dismissed the employee's operative third amended complaint (complaint) after sustaining the employer's demurrer to it without leave to amend, the Court reversed the judgment and remanded the matter to the trial court for further proceedings.