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California Civil Code Section 51.9

Legal Research Home > California Laws > Civil Code > California Civil Code Section 51.9

51.9.  (a) A person is liable in a cause of action for sexual
harassment under this section when the plaintiff proves all of the
following elements:
   (1) There is a business, service, or professional relationship
between the plaintiff and defendant. Such a relationship may exist
between a plaintiff and a person, including, but not limited to, any
of the following persons:
   (A) Physician, psychotherapist, or dentist. For purposes of this
section, "psychotherapist" has the same meaning as set forth in
paragraph (1) of subdivision (c) of Section 728 of the Business and
Professions Code.
   (B) Attorney, holder of a master's degree in social work, real
estate agent, real estate appraiser, accountant, banker, trust
officer, financial planner loan officer, collection service, building
contractor, or escrow loan officer.
   (C) Executor, trustee, or administrator.
   (D) Landlord or property manager.
   (E) Teacher.
   (F) A relationship that is substantially similar to any of the
above.
   (2) The defendant has made sexual advances, solicitations, sexual
requests, demands for sexual compliance by the plaintiff, or engaged
in other verbal, visual, or physical conduct of a sexual nature or of
a hostile nature based on gender, that were unwelcome and pervasive
or severe.
   (3) There is an inability by the plaintiff to easily terminate the
relationship.
   (4) The plaintiff has suffered or will suffer economic loss or
disadvantage or personal injury, including, but not limited to,
emotional distress or the violation of a statutory or constitutional
right, as a result of the conduct described in paragraph (2).
   (b) In an action pursuant to this section, damages shall be
awarded as provided by subdivision (b) of Section 52.
   (c) Nothing in this section shall be construed to limit
application of any other remedies or rights provided under the law.
   (d) The definition of sexual harassment and the standards for
determining liability set forth in this section shall be limited to
determining liability only with regard to a cause of action brought
under this section.

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Last modified: March 17, 2014