Goluszek v. Smith

In Goluszek v. Smith (N.D.Ill. 1988) 697 F. Supp. 1452, a male employee was told by male coworkers in crude sexual terms that he should get married and that he should have sex with a particular woman. (697 F. Supp. at p. 1454.) In addition, the male coworkers asked him about his sexual experience, accused him of being gay or homosexual, made other comments, and poked him in the buttocks with a stick. (Ibid.) Interpreting analogous provisions of title VII of the Civil Rights Act of 1964 (hereafter title VII; 42 U.S.C. 2000e et seq.), the federal district court in Golusek concluded that title VII did not bar such harassment. Commenting on the facts in Golusek, the Mogilefsky v. Superior Court stated that "a person subjected to such behavior in California is entitled to the protection provided by section 12940 regardless of whether he . . . is otherwise 'empowered.'" (Mogilefsky v. Superior Court, supra, 20 Cal. App. 4th at p. 1417.)