Request a Same Day Telephone Consultation
Effective January 1, 2014, Senate Bill 292 amends California Government Code §12940, commonly known as the California Fair Employment and Housing Act, to clarify that a sexual harassment plaintiff is not required to prove, in all cases, that the sexually harassing conduct was motivated by sexual desire.
Under pre-existing case law, a plaintiff alleging sexual harassment was required to show, or prove, one of the following three elements: (1) sexual intent or desire on the part of the defendant toward the plaintiff; (2) general hostility by the defendant toward a particular sex, of which the plaintiff is a member; OR (3) comparative evidence about how the alleged harasser treated members of the sexes differently at work. See, Singleton v. United States Gypsum Co., 140 Cal. App. 4th 1547 (2006) and Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 80-81 (1998), which held that no sexual desire is necessary to prove sexual harassment SB 292 ensures that all three prior offerings of proof remain valid to show a hostile work environment and/or sexual harassment.
Tags: harassment, sexual harassment
Posted In: Employment Law News
Blog Categories:Business Law Bulletin
Search YLC Blog:
Subscribe to Updates:Interested in receiving this blog? You may add this blog to your feeds by clicking here: Subscribe
Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.
Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.