In Steele v. Youthful Offender Parole Board, a California court of appeal affirmed a jury verdict in Lisa Steele's favor that her resignation amounted to a constructive discharge in "preemptive" retaliation after a co-worker complained on Steele's behalf about sexual harassment directed at Steele (Steele herself did not complain). The co-worker had complained that at an off-duty event, the employer's Board Chairman grabbed and kissed Steele. The co-worker later filed a DFEH complaint of retaliation for having complained on Steele's behalf. Steele herself reported that she was not bothered by the kiss. However, purportedly in anticipation that Steele would support the co-worker's retaliation complaint, Steele's supervisor gave her a written warning about her performance, notified Steele that she would be suspended and suggested that Steele needed to seek employment elsewhere. The court held that the employer created intolerable working conditions as to force Steele to resign and allowed Steele to sue for "preemptive" retaliation even though Steele herself had not complained.