Not all sexual touching in the workplace is sexual harassment, however. Federal cases have suggested that a single instance of breast-grabbing is not pervasive

Not all sexual touching in the workplace is sexual harassment, however. Federal cases have suggested that a single instance of breast-grabbing is not pervasive enough to constitute unlawful sexual harassment.18 It is not clear whether this case would have turned out the same way if it had been brought in a California court. But, the California Court of Appeal has held that two separate incidents where a supervisor rubbed his arm against the victim’s breast were insufficient to establish unlawful sexual harassment.19