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Pantoja v. Anton (2011) 198 Cal.App.4th 87

The Appellate Case

Lorraine Pantoja sued her former employer for sexual harassment, and sex and race-based discrimination under California’s Fair Employment and Housing Act (“FEHA”). The jury found in defendants’ favor and MLG appealed. The Fifth District Court of Appeal reversed the judgment. In this published first-of-its-kind decision involving “me-too” evidence, and held that the trial court prejudicially erred in preventing the jury from hearing “me too” evidence, that is, evidence of the employer’s alleged gender bias in the form of harassing activity against women employees other than the plaintiff that occurred outside plaintiff’s presence and at times other than when plaintiff was employed by defendants. This landmark ruling changed the course of sexual harassment cases.

The California Supreme Court denied defendants’ petition for review.

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