Generally, a plaintiff must prove discriminatory intent or bias not only in discriminatory hiring or firing claims, but also hostile environment harassment claims. “Sex discrimination and sexual harassment are ‘distinct causes of action’ under FEHA, but a hostile environment, to be actionable, still must constitute a form of discrimination because of sex.” See, Meeks v. AutoZone, Inc., 24 Cal. App. 5th 855, 872-873.
#Metoo evidence is admissible in Court under Evidence Code 1101, subdivision (b) to prove the defendant’s discriminatory mental state in both cases where a defendant specifically disputed that his behavior was motivated by discrimination because of sex, repeatedly insisting that he treated male and female employees similarly. The sexually harassed employee was entitled to prove otherwise, including through #metoo evidence. See, Meeks v. AutoZone, Inc., 24 Cal. App. 5th 855, 872-873 Whether #metoo evidence is admissible depends upon the facts of the case and application of law by
the judge presiding over the case.
For more information about whether you have a sexual harassment claim, contact The Krolikowski Law Firm.