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Litigation

Jan. 8, 2000

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Kelly v. City of Oakland , USCA 9th CA, 98-16482, Nov. 23 1999, a workplace same-sex sexual harassment case, analyzed two types of sexual harassment and reaches divergent conclusions on a single set of facts. A far-reaching application of Kelly's implications could result in a greater burden of proof for hostile environment sex harassment plaintiffs who do not have strong factual support for quid pro quo harassment.

By Joseph G. Metscher
         Kelly v. City of Oakland, USCA 9th CA, 98-16482, Nov. 23 1999, a workplace same-sex sexual harassment case, analyzed two types of sexual harassment and reaches divergent conclusions on a single set of facts. A far-reaching application of Kelly's implications could result in a greater burden of proof for hostile environment sex harassment plaint...

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