Gov. Jerry Brown has signed into law SB 292, a bill that clarifies that an individual filing a sexual harassment complaint under state law need not prove that the sexually harassing conduct was motivated by sexual desire.
The new law amends section 12940 of the California Fair Employment and Housing Act, clarifying California law and aligning it with the U.S. Supreme Court’s Oncale v. Sundowner Offshore Services decision.
Note: Employers investigating sexual harassment complaints must keep this in mind when determining whether sexual harassment has taken place.
- Lab must pay $2.73 million to wrongly fired workers
- No touching required to support lawsuit alleging supervisor harassment
- You can require arbitration of federal and Michigan discrimination claims
- Gender barriers falling? Ensure equal treatment for both sexes
- Don't let complaint interfere with legitimate discipline