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I SECOND CAUSE OF ACTION <br /> 2 QUID PRO QUO SEXUAL HARASSMENT IN VIOLATION OF FEHA <br /> 3 (Against All Defendants) <br /> 4 29. Plaintiff re-alleges and incorporates by reference the foregoing allegations as though set forth <br /> 5 herein. <br /> 6 30. The Fair Employment and Housing Act prohibits an employer or any person from harassing an <br /> 7 employee, applicant, unpaid intent or volunteer, or a person providing services pursuant to a contract, <br /> 8 because of sex and/or sexual orientation. <br /> 9 31. At all times herein relevant,Defendants,and each of them,were and are employers, supervisory <br /> 10 employees and/or employees subject to the provisions of FEHA. At all times herein relevant, Plaintiff <br /> Vo <br /> p' 11 was an employee subject to the protections of FEHA. <br /> a0 12 32. Mr. Hernandez, Plaintiff's supervisor, engaged in unwanted sexual advances towards Plaintiff <br /> U <br /> a 13 and engaged in unwanted verbal and/or physical conduct of a sexual nature, all of which was unwanted <br /> s 14 and against Plaintiff's will. <br /> 0 <br /> w15 33. The terms of Plaintiff's employment,job benefits, or favorable working conditions were made <br /> W16 contingent,by Mr. Hernandez's words or conduct, on Plaintiff's acceptance of Mr. Hernandez's forced <br /> 17 sexual advances and conduct. <br /> 18 34. Defendants, and each of them, are strictly liable under the FEHA for engaging in the above- <br /> 19 mentioned conduct because Mr. Hernandez was Plaintiff's supervisor. <br /> 20 35. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered special damages <br /> 21 in the form of lost earnings, benefits, and/or out-of-pocket expenses in an amount according to proof <br /> 22 at the time of trial. As a further direct and proximate result of these Defendants' conduct, Plaintiff will <br /> 23 suffer additional special damages in the form of lost future earnings, benefits, and/or other prospective <br /> 24 damages in an amount according to proof at the time of trial. <br /> 25 36. As a fiu-ther direct and proximate result of these Defendants' conduct, Plaintiff has suffered <br /> 26 mental and emotional pain, distress, and discomfort, all to her detriment and damage in amounts not <br /> 27 fully ascertained but within the jurisdiction of this court and subject to proof at the time of trial. <br /> 28 <br /> PLAINTIFF PALOMA ORTIVS COMPLAINT <br /> 7 <br />