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A New Defense For Employers to Limit Damages

March 15, 2004

A hot topic of conversation is the recent California Supreme Court decision in State Department of Health Services v. Superior Court (McGinnis). Media reports have made it appear from the decision that the existence of internal compliant procedures provides a panacea to employers who have internal complaint procedures, particularly in the area of sexual harassment. However, some conversation is worthwhile. The decision does offer some hope for California employers to limit the amount of damages recoverable by a harassed employee. But the decision may not be quite the boom initially thought.

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