Sexual favoritism demeaning, deemed harassment

A recent court ruling by the California Supreme Court indicates that a supervisor can be sued for sexual harassment if they show favoritism toward employees whom they have a sexual relationship with.
In Edna Miller vs. Department of Corrections, the ruling based on a issue where a prison warden was accused of having sexual relationships with three employees while favoring them in job promotions, ended in the two plaintiffs suing for sexual harassment under California law. Court records indicate that the plaintiffs reasoning was that access to promotions were unfairly impeded as better jobs went to candidates involved with the warden, even when those candidates were less qualified. In addition, the said plaintiffs sued for retaliation apparently occurring in response to their complaints.
The plaintiffs did not have standing to sue, according to a trial court and an appeals court, because the conduct in question did not support a sexual harassment claim.
The Supreme Court ruled an isolated instance of favoritism on the part of a supervisor engaged in a sexual relationship with an employee does not constitute sexual harassment. However, it also ruled that when “sexual favoritism” is widespread in a workplace, it might create a hostile environment.
“It may create an actionable hostile work environment in which the demeaning message is conveyed to female employees that they are viewed by management as sexual playthings or that the way required for a woman to get ahead in the workplace is by engaging in sexual conduct with their supervisors or management,” Justice Ronald George writes for the court.