This post was authored by Megan Lewis.
The Department of Fair Employment and Housing (DFEH) recently issued its 2017 Annual Report, which provides a fascinating glimpse into who is filing complaints and why.
The DFEH is the largest …
Category Archives: Harassment
Subscribe to Harassment RSS FeedDFEH Provides Guidance on Impact of New SB 1343 Harassment Training Requirements: Some Questions Answered, Many Still Remain – Including Possibility that ALL Supervisory and Nonsupervisory Employees Need to Be Trained or Retrained Again in 2019
Posted in Harassment, Legislation
This Special Bulletin was authored by Gage C. Dungy and Lars T. Reed.
Since 2005, Assembly Bill 1825 has required private sector employers with 50 or more employees and all public employers provide two hours of sexual harassment training …
A #MeToo Legislative Reckoning is Coming to California in 2018
Posted in Discrimination, Harassment
This post was authored by Stefanie K. Vaudreuil.
There are a number of bills pending in the California Legislature this year that employers should be watching closely.
SB 1038 California Fair Employment and Housing Act: personal liability
Under existing …
Sexual Harassment Training Under Scrutiny: It’s Not Just What You Say, But What You Do That Matters
Posted in Harassment, Legislation, Personnel Issues, Public Sector, Workplace Policies
In the wake of recent attention to sexual harassment in the workplace, employers and members of the public are asking: what about all of those sexual harassment trainings we required? Are they helping? How do we know? And, if they’re …
Governor Brown Vetoes Bill To Codify Into State Law Federal Regulations And Repealed Federal Guidance On Student Sexual Assault
Posted in Education, Harassment, Legislation
This post was authored by Alysha Stein-Manes and Jenny Denny
On October 15, 2017 Governor Brown vetoed Senate Bill (SB) 169, a bill that would have codified into state law federal Title IX regulations and recently-repealed guidance on sexual assault …
Don’t Wait for a Scandal: Now is the Time to Update Your Agency’s Harassment Policies and Procedures
Posted in Discrimination, Harassment, Personnel Issues, Retaliation, Workplace Policies
The allegations of sexual harassment and assault levied against Hollywood producer Harvey Weinstein have been front page news for the last week. The board of directors of his company swiftly voted to terminate his employment, but only time will tell …
Employers Must Now Provide Notice to Employees Pursuant to AB 2337 / Labor Code Section 230.1 Regarding the Rights of Victims of Domestic Violence, Sexual Assault or Stalking in the Workplace
Posted in Employment, Harassment, Legislation, Workplace Policies
This post was authored by Alysha Stein-Manes and Kaylee E. Feick.
Last November, we reported that Governor Jerry Brown signed Assembly Bill No. 2337 (“AB 2337”) into law. AB 2337 amended Labor Code section 230.1 (“Section 230.1”) to require employers …
Holidays and the Workplace: Be Merry or Bah Humbug
Posted in Discrimination, Harassment, Workplace Policies
Back by popular demand! We are reposting this blog post in time for the holidays.
The holidays are a festive time to be shared with family, friends and even co-workers. Many employers also join in the celebrations by allowing employees …
Genetic Information: A Protected Classification for the 21st Century
Posted in Discrimination, Harassment, Hiring, Personnel Issues, Retaliation
In the 1997 science fiction film Gattaca, the main character Vincent lives in a futuristic world where success is based on an individual’s genetic profile instead of experience or education. Because Vincent’s genes are considered inferior, he assumes the …
EEOC Determines That Transgender Employees are Covered Under Title VII
Posted in Discrimination, Harassment
This year, in the case of Macy v. Holder, Appeal No. 0120120821 (EEOC Apr. 20, 2012), the U.S. Equal Employment Opportunity Commission (EEOC) ruled that transgendered persons are afforded protection from discrimination under Title VII of the Civil …
Who Really Is A Supervisor Under Title VII?
Posted in Harassment, Litigation, Personnel Issues
This guest post was authored by Gurinder Grewal
Employers and employees often struggle to determine who really is a supervisor in a workplace. Is it someone who can hire and fire workers? Or can it be someone who gives out …
Employee Personnel Records: Less Confidential Than You May Think
Posted in HarassmentThis guest post was authored by Peter J. Brown
In Marken v. Santa Monica Unified School District, a School District investigated a complaint that a high school teacher had sexually harassed a 13 year old student. The District determined …
Holidays And The Workplace: Be Merry Or Bah Humbug
Posted in Discrimination, Harassment, Workplace Policies
The holidays are a festive time to be shared with family, friends and even coworkers. Many employers also join in the celebrations by allowing employees to put up decorations and exchange gifts. Employers also like to host holiday parties filled …
If “Penn State” Happened Here, Would You Have A Duty To Report?
Posted in Education, Employment, Harassment, Personnel Issues, Workplace PoliciesThis guest post was authored by Meredith Karasch
We have all heard about the scandal at Penn State that brought down college football royalty. We cringe at what happened (or didn’t happen). We agree there was a moral obligation to …
“Me-Too” Evidence In Harassment Case May Be Used To Impeach Alleged Perpetrator’s Denial
Posted in Discrimination, Harassment
In the case of Pantoja v. Anton, Lorraine Pantoja worked as a receptionist/secretary for a law firm owned by Thomas Anton. Pantoja alleges that Anton would slap her buttocks, touch her buttocks and leg, and once asked for a shoulder …
Zero Tolerance Policy Still The Way To Go Despite The Kelley Ruling
Posted in Harassment, Workplace PoliciesA California Court of Appeal recently ruled there has to be evidence of sexual desire where someone is complaining of sexual harassment at work by a member of the same sex. This is contrary to other cases that hold that …
Coworkers Who Simply Cannot Get Along Do Not Expose Employers To Liability For Hostile Work Environment Or Retaliation
Posted in Employment, Harassment, Retaliation
Does it ever feel like managing the workplace can be like keeping the peace between children fighting in the back seat of the family car? This was the feeling in a recent out-of-state case where a Court held that an …
10 Things Employers And Employees Should Know About Social Media
Posted in Discrimination, First Amendment, Harassment, Privacy, Social Media, Workplace Policies
This post was co-authored by Elizabeth Arce
The popularity of social media websites such as Facebook and Twitter have created new and unprecedented challenges for employers. The New York Times reported recently that even commanders in our Armed Forces have …
U.S. Supreme Court’s Expansion Of Title VII Protections To Third Parties Is Just Business As Usual For California Employers
Posted in Discrimination, Harassment, RetaliationThe Supreme Court’s recent ruling in Thompson v. North American Stainless has caused some commentators to sound the alarm warning employers of employee friendly courts and impending lawsuits as a result of the decision. Hans Bader of the Washington Examiner…
The Bully In The Office
Posted in Harassment, Personnel Issues
It seems that every time you pick up a newspaper or tune into your local news there are stories of students being bullied by their classmates. Last year, in particular, the news was dominated with headlines of students driven to …
Recent Lawsuits Fuel Debate Over Whether Appearance-Based Discrimination Should Be Illegal
Posted in Discrimination, HarassmentTwo headline making lawsuits ignited a national debate over whether it should be illegal for an employer to make employment decisions based on an employee’s appearance. The Wall Street Journal reported that Cassandra Marie Smith filed a lawsuit against her …