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New Laws For 2014: Sexual Harassment Definition Clarified (CA)



Each state has a host of new employment and labor related laws that take effect in 2014.  This series focuses on several new laws from around the country that are of particular interest.


SB 292 amended the Fair Employment and Housing Act Government Code Section 12940, and clarified that sexually harassing conduct does not need to be motivated by sexual desire.  Under the new law, hostile treatment can amount to unlawful sexual harassment regardless of whether the treatment was motivated by any sexual desire. 

The bill, authored by Senate Majority Leader Ellen Corbett, was proposed in response to Kelley v. Conoco Companies, a 2011 case from the Court of Appeal, First District, California.  In that case, Kelley, a male ironworker at Conoco, claimed he was subjected to a barrage of graphic, vulgar, and sexually demeaning comments and gestures at work as a result of his complaints about his supervisor.  After the union suspended him and Conoco decided not to rehire him, Kelley sued for sexual harassment, retaliation, and related claims.  The trial court granted Conoco's motion for summary judgment against Kelley.  On appeal, the Court affirmed and held that Kelley could not prove sexual harassment because he could not prove the comments directed towards him were motivated by sexual desire.


With the change, plaintiffs can demonstrate harassing conduct by showing one of the following:

• Sexual intent or desire by harasser to plaintiff.
• General hostility by harasser towards particular sex of which plaintiff is member.
• Through comparative evidence about how harasser treated members of both sexes in workplace


Under this new law, a plaintiff like Kelley would not have to prove sexual desire in order to proceed with a sexual harassment claim. 



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