What is the test for a claim under section 12940 of the California Code of Civil Procedure for sexual harassment?

In reaching these conclusions, the court in Mogilefsky rejected Hart v. National Mortgage & Land Co. (1987) 189 Cal.App.3d 1420. In Hart, a male employee was subjected to genital grabbing, attempted mounting, sexually suggestive gestures, and crude remarks by a male coemployee. (189 Cal.App.3d at p. 1424.) The victim of this conduct described the perpetrator as a "pervert" who had singled him out, but he did not believe that the perpetrator intended to have sex with him. (Id. at p. 1424.) The court in Hart held that this conduct did not support a claim under section 12940. Stating that Hart was of questionable value as precedent, the court in Mogilefsky reasoned, inter alia, that the perpetrator's conduct was "because of sex," regardless of whether it was motivated by hostility or sexual interest.