Proksel v. Gattis

In Proksel v. Gattis (1996) 41 Cal.App.4th 1626, an attorney began a romantic relationship with a female clerical worker, gave her a larger bonus than his other employees, and made her his personal secretary after discharging his existing secretary. The discharged secretary initiated an action against the attorney, who obtained summary adjudication on her FEHA claims for sex discrimination and harassment. (Id. at pp. 1628-1629.) In affirming the summary adjudication, the appellate court looked to federal cases under title VII and stated: "Where, as here, there is no conduct other than favoritism toward a paramour, the overwhelming weight of authority holds that no claim of sexual harassment or discrimination exists." (Proksel, supra, 41 Cal.App.4th at p. 1630.)