I covered Roby v. McKesson here in December. The California Supreme Court agreed to hear the case, which means the lower court's opinion no longer may be cited as precedent. Here is the issue on appeal:
This case presents the following issues: (1) In an action for employment discrimination and harassment by hostile work environment, does Reno v. Baird (1998) 18 Cal.4th 640 require that the claim for harassment be established entirely by reference to a supervisor's acts that have no connection with matters of business and personnel management, or may such management-related acts be considered as part of the totality of the circumstances allegedly creating a hostile work environment? (2) May an appellate court determine the maximum constitutionally permissible award of punitive damages when it has reduced the accompanying award of compensatory damages, or should the court remand for a new determination of punitive damages in light of the reduced award of compensatory damages?
So, the Court has agreed to decide if "harassment" is conduct separate and apart from managers' personnel decisions, or whether personnel decisions (demotion, discipline, etc.) can form part of a "harassment" claim. Check back in a couple of years for the exciting conclusion!
DGV