Wayne Mogilefsky v. The Superior Court of Los Angeles

Facts: Wayne Mogilefsky was employed as a creative editor for real parties in interest Silver Pictures, Warner Brothers, and Joel Silver. Mogilefsky alleged taht he was subjected to sexual harassment and discrimination by his supervisor, Michael Levy. According to Mogilefsky, on one occasion, Levy demanded that he stay overnight in Levy's hotel suite, where Levy informed Mogilefsky that he would receive money, and ordered Mogilefsky to perform acts depicted in a pornographic film. Mogilefsky went …

…subd. (h))? Analysis: A cause of action for sexual harassment in violation of Government Code section 12940, subdivision (h) may be stated by a member of the same sex as the harasser, whether based on the quid pro quo theory or the hostile environment theory or a hybrid of both theories. The alleged acts are sufficient to state a cause of action for sexual harassment within the meaning of Government Code section 12940, subdivision. Conclusion: For Mogilefsky