Total Articles: 12
XpertHR • August 29, 2018
The California legislature passed a new bill restricting the use of nondisclosure and mandatory arbitration agreements in sexual harassment claims. The bill was passed in response to the #MeToo movement and the discovery of numerous instances of workplace sexual harassment where the victims were forced to remain silent to settle their claims. The bill has been sent to Governor Jerry Brown's office, but he has not given any indication of whether he will sign it. Brown vetoed a similar bill in 2015.
Littler Mendelson, P.C. • July 13, 2018
In the wake of the #MeToo movement, many states have been making concerted efforts to address and prevent sexual harassment through proposed legislation. On July 9, California Governor Jerry Brown signed one of those proposals, Assembly Bill 2770, into law. This measure targets defamation claims stemming from sexual harassment allegations. Under the law, certain employee and employer statements regarding sexual harassment allegations are deemed privileged and therefore cannot be used to support a defamation claim.
Jackson Lewis P.C. • April 23, 2018
Several significant employment law bills relating to sexual harassment are pending before the California legislature which could significantly affect employer practices.
Fisher Phillips • February 21, 2018
As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo movement have dominated discussion across all industries and sectors of business, entertainment, sports, and politics.
Ogletree Deakins • March 29, 2016
The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the Fair Employment and Housing Act (FEHA), will go into effect on April 1, 2016.
Carothers DiSante & Freudenberger LLP • March 11, 2016
California's Fair Employment and Housing Council ("FEHC") has adopted new regulations under the Fair Employment and Housing Act ("FEHA") that take effect April 1. For the most part, the new regulations reflect recent changes in the law (e.g. making clear that FEHA protects interns and volunteers and persons providing services pursuant to a contract). However, the new regulations contain an important new substantive requirement that employers adopt a written discrimination, harassment, and retaliation prevention policy that meets specified requirements. According to the FEHC, this new policy requirement is in furtherance of employers' obligation to prevent (and not just correct) discrimination, harassment, and retaliation in the workplace, and is in addition to employers' existing obligation to provide its workforce with a copy of the DFEH brochure on sexual harassment (DFEH-185) and/or an alternative anti-harassment policy that complies with Government Code section 12950.
Fisher Phillips • March 10, 2016
California employers will need to comply with a new set of regulations from California’s Fair Employment and Housing Council that go into effect April 1, 2016. Among other things, these regulations require employers with five or more employees to have a written policy against unlawful harassment, discrimination, and retaliation in the workplace, and the regulations require the policies to meet certain requirements.
Jackson Lewis P.C. • March 08, 2016
New California regulations declaring that “[e]mployers have an affirmative duty to create a workplace environment that is free from employment practices prohibited by” the California Fair Employment and Housing Act and that “[e]mployers have an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct” will go into effect on April 1, 2016.
Ogletree Deakins • May 04, 2015
Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho Bernardo, in a food and beverage manager’s sexual harassment case against the Club and her supervisor. This case serves as a reminder for employers to take sexual harassment complaints seriously, given that the failure to do so could have costly implications down the road.
Ogletree Deakins • October 20, 2014
On September 28, 2014, California Governor Jerry Brown announced that he had signed SB967, the so-called Yes Means Yes bill into law.
Ogletree Deakins • August 14, 2013
On August 12, California Governor Jerry Brown signed into law Senate Bill (SB) 292 which amends section 12940 of the California Fair Employment and Housing Act. The bill addresses the decision in Kelley v. Conoco Companies and clarifies that an individual who sues for sexual harassment under state law need not prove that the sexually harassing conduct was motivated by sexual desire.
Ogletree Deakins • February 08, 2008
A state appellate court in California recently reversed a $1.4 million jury verdict in favor of an employee who claimed that she and others were spanked during company sales meetings. According to the California Court of Appeal, since the jury was not instructed that to prevail the employee had to show that the harassment occurred because she was female, the verdict could not stand. Orlando v. Alarm One, Inc., No. F050759, F051470, California Court of Appeal, Fifth Appellate District (January 14, 2008).