A security alarm company held daily sales meetings. The meetings had a "pep-rally atmosphere." "Motivational techniques" em- ployed at the meetings included handing out bonuses, singing in front of the group, throwing pies in the face, eating baby food, wearing diapers, and spanking. The latter involved being struck on the bottom with a company or competitor's sign. Spankings would be administered for arriving late at a meeting or for losing a sales competition. A female supervisor was spanked on three occasions. The supervisor claimed to have been injured on the last occasion and denied medical care. Another female employee suffered cuts and bruises when spanked during the same meeting, leading the company to end the prac- tice. During the time the practice was in place, both male and female employees were spanked, spankings were administered by both men and women (including the supervisor on one occa- sion), and spankings were administered to male and female employees for the same reasons.

Another female employee testified that coworkersacted differently when female employees were spanked, including yelling "bend over" and "spank that bitch." The company claims that, however misguided, the spankings were just an effort to motivate employees to perform better. The female supervisor sued for harassment.

What should the court decide? Why? (Orlando v. Alarm One, 2008 Cal. App. Unpub. LEXIS 280 (5th App. Dist.))