Practices
Related Practices
Horvitz & Levy successfully represented Larry Flynt and Larry Flynt Productions, Inc. (LFP) on appeal from a sexual harassment judgment awarding plaintiff compensatory and punitive damages and attorney fees. Raymond, a former executive assistant, alleged that Flynt created a hostile work environment based on her sex. Her claim was based on a number of sexual comments Flynt allegedly had made, and on her participation in a system allegedly designed to keep Flynt’s wife from discovering that Flynt entertained female guests in his office. The case proceeded to arbitration, where the arbitrator found in favor of Raymond and awarded compensatory and punitive damages against Flynt and LFP. The arbitration agreement provided that the award could be reviewed by the courts for legal error. The trial court confirmed the award.
On appeal, we argued that the arbitrator’s factual findings did not constitute hostile work environment sexual harassment as a matter of law. The California Court of Appeal (Second Appellate District, Division One) agreed that Raymond was not subject to a hostile work environment based on her sex. The court concluded that participation in Flynt’s warning system was part of Raymond’s job duties, and that the arbitration award did not indicate that men would have been treated differently. The court also concluded that Flynt’s remaining comments did not meet the standard of severe or pervasive conduct sufficient to constitute a hostile work environment. The court therefore reversed the judgment confirming the arbitration award and awarded appellate costs to Flynt.