Harassment by a Deputy Sheriff In County Jail
In Farmers Ins. Group v. County of Santa Clara (1995) the court reasoned that the harassing conduct of the employee, a deputy sheriff, was personal in nature and did not arise out of the employment:
"The employee's repeated requests for sexual favors and his inappropriate touchings were motivated for strictly personal reasons unrelated to the guarding of inmates or the performance of any other duty of a deputy sheriff at a county jail.
Furthermore, the employee's misconduct was not reasonably necessary to his comfort, convenience, health, and welfare while at work.
Nor was it precipitated by a work-related dispute over the performance of his duties or those of his victims. Indeed, the employee's actions were in direct violation of the County's policy prohibiting sexual harassment in the workplace . . . ." (11 Cal. 4th at p. 1007.)