Kimberli Hirst, a phlebotomist working for a private company, has been awarded $1.125 million as as result of being the victim of sexual harassment by Oceanside police officer Gilbert Garcia, who was later fired by the city.
Hirst was doing her work when Garcia said, "You have a nice ass." He went on to make remarks using crude language for such acts as sexual intercourse and fellatio.
She won at the Superior Court level. Oceanside appealed on several grounds, but the heart of the case was that both the lower court and appellate court ruled that she was a person providing services services pursuant to a contract, and she could sue under the Fair Employment & Housing Act.