Articles Discussing Sexual Harassment Claims In California.

On September 25, 2020, Governor Gavin Newsom signed Assembly Bill 3175, which amends Labor Code section 1700.52 regarding sexual harassment prevention training requirements of age-eligible minors prior to the issuance of entertainment work permits.  Previously, Section 1700.52 required a minor and the parent or legal guardian to complete the sexual

On May 20, 2020, the California Department of Fair Employment and Housing (DFEH) published an online harassment prevention training module designed to meet a recent California mandate that nonsupervisory employees receive one hour of harassment prevention training every two years.

Helene Wasserman, Los Angeles-based Littler Shareholder and Trial Practice Group Co-Chair, reflects on some good, bad, and ugly impacts of the #MeToo movement since its inception, including recent legislative developments affecting California employers in particular. Discussing training, arbitration agreements, and the extended statute of limitations for FEHA claims with Littler Learning Group’s Marissa Dragoo, Helene provides insights and guidance for California employers as we move into the third year of the cemented #MeToo movement.

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill 778, delaying mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in 2018 or 2019.

On August 30, 2019, Governor Gavin Newsom signed Senate Bill (SB) 778, which amends Section 12950.1 of the California Government Code. SB 778 extends California employers’ obligation from January 1, 2020 to January 1, 2021, to comply with sexual harassment trainings as outlined under California Government Code section 12950.1.

Bruce Sarchet, of Littler’s Workplace Policy Institute, and Marissa Dragoo with the Littler Learning Group, take a look at a new type of workplace training – bystander intervention training – that is now encouraged for California employers. This optional training teaches employees how to evaluate and respond to problematic behaviors in the workplace, empowering them to interrupt difficult situations, such as sexual harassment.

Last year, California enacted SB 1343,1 amending California’s Fair Employment and Housing Act (FEHA) to expand employers’ sexual harassment training requirements. Previously, employers with 50 or more employees had to provide their supervisory personnel with two hours of sexual harassment prevention training every two years.

Effective January 1, 2019, California SB 1343 greatly expanded Golden State employers’ anti-harassment training requirements. The law not only extends coverage to employers with more than five employees, but it also mandates that employers provide anti-harassment training to all employees – not just supervisors – every two years. But what if an employer provided this training in 2018? Can the next training cycle wait until 2020? No, according to recent guidance from the California Department of Fair Employment and Housing (DFEH). In this podcast, Marissa Dragoo from the Littler Learning Group discusses potential SB 1343 compliance challenges with Littler Workplace Policy Institute members Bruce Sarchet and Corinn Jackson.

As California employers lay out their plans for compliance training in the coming year, the California Department of Fair Employment and Housing (DFEH) has clarified how to handle training supervisory employees who may have received AB 1825-compliant training sometime in 2018. The DFEH has taken the position that both supervisory and nonsupervisory employees who received sexual harassment prevention training in 2018 should receive it again in 2019.

California Governor Jerry Brown has signed three bills into law that restrict employers in the securement of non-disclosure, release, and non-disparagement agreements that attempt to limit parties in discussing sexual harassment-related factual information.

Governor Jerry Brown has signed into law Assembly Bill 2338 which requires talent agencies licensed by the California Labor Commissioner to provide materials related to sexual harassment prevention, retaliation, among others, to its artists. Additionally, the bill requires that prior to receiving a permit to employ a minor in the entertainment industry, the minor’s parent or legal guardian must participate in trainings related to sexual harassment prevention, retaliation, and reporting resources.

Beginning January 1, 2019, new California law creates several new protections for employees bringing harassment claims.

California employers with at least five employees must provide sexual harassment prevention training and education to all supervisory employees and non-supervisory employees in California by January 1, 2020.

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.

Several significant employment law bills relating to sexual harassment are pending before the California legislature which could significantly affect employer practices.