In a case that significantly expands the scope of evidence that can be presented in a California employment discrimination and harassment trial, a California Court of Appeal ruled in Pantoja v. Anton, No. F058414 (Aug. 9, 2011), that "me too" evidence of harassing activity against other female employees, which occurred outside of the plaintiff's presence and at times when the plaintiff was not even employed, is admissible as evidence tending to show a discriminatory or biased motive under California Evidence Code section 1101(b).
Lorraine Pantoja was employed by the defendant, attorney Thomas Anton, from January through October 2002. Pantoja claims that during her employment, she was subjected to hostile environment sexual and racial harassment, including inappropriate touching, sexually- and racially-charged slurs, and other sexually-inappropriate conduct. The alleged conduct included, but was not limited to: touching of her buttocks and leg; being called a "stupid b—ch" and a "f—king c—t;" use of other profane language; being asked to place the defendant's food on the floor of his office while he watched her bend down; and derogatory use of the term "Mexicans." Ultimately, the plaintiff was terminated from her employment, and she filed a lawsuit. The claims that proceeded to trial were sexual...
