Employee's Prior Sexual Conduct With Alleged Harasser Is Admissible

A California appellate court has held that a portion of the California Evidence Code, which excludes evidence of a plaintiff's prior sexual conduct in a sexual harassment case, does not exclude evidence of the plaintiff's sexual conduct with the alleged perpetrator or with any defendant. Rieger v. Arnold.

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Insurer Has No Duty To Defend Employer in Defamation Suit by Employee Named as Defendant In Discrimination Action

During an employee's lawsuit against an employer and a supervisor, in which the employee alleged the supervisor harassed him, the company's president gave a radio interview in which he stated the supervisor had AIDS and the employee accused him of forcing him to have sex. The supervisor then sued the employer for defamation. The court found an insurance company had no duty to defend the employer, due to an exclusion for employment-related claims, because the only relationship between the supervisor and president was employment-related. Low v. Golden Eagle Insurance Company.

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Limitation On Title VII Damages Is Constitutional.

The Ninth Circuit has upheld Title VII's limitation of damages available in a discrimination suit against a variety of constitutional challenges. Lansdale v. Hi - Health Supermart Corporation.

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