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Changes to California law address harassment motive

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in Discrimination and Harassment,Human Resources

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.

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