The First Appellate District reversed in part a judgment. The court held that a supervisor’s lewd comments to an employee were not sexual harassment unless the employee could show that the comments were sexually motivated.
Apprentice ironworker Patrick Kelley obtained work at The Conco Companies, one of the largest concrete construction companies in California. Two days after starting, however, Kelley had an encounter with supervisor David Seaman. In response to a mistake Kelley had made, Seaman started yelling and cursing at Kelley. Seaman repeatedly called Kelley a “bitch,” then started commenting on Kelley’s “nice ass” and telling Kelley he wanted to “fuck [Kelley] in the ass.” The comments became increasingly graphic and more offensive until Kelly walked away. Kelley reported the incident to Conco Field Safety Manager Joseph Gallegos. Gallegos allegedly responded that there was nothing he could do. He did, however, speak to Seaman, telling him to calm down and apologize to Kelley.
