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ARTICLE · 16 AUGUST 2013

Fenwick Employment Brief - August 2013

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Governor Brown signed Senate Bill 292, which clarifies that sexual harassment claims under California's Fair Employment and Housing Act do not require a showing of sexual desire.

United StatesEmployment and HR
Michael Sands
Michael Sands
Sheeva Ghassemi
Sheeva Ghassemi
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New California Sexual Harassment Legislation

As this FEB went to publication, Governor Brown signed Senate Bill 292, which clarifies that sexual harassment claims under California's Fair Employment and Housing Act do not require a showing of sexual desire. The legislation, effective January 1, 2014, is in direct response to — and effectively overrules — Kelley v. Conco Companies, a 2011 California appellate case where the court dismissed an employee's same-sex sexual harassment claim because, among other issues, there was no evidence that the harassment was "motivated by sexual desire." This could greatly expand employers' liability for sexual harassment. More to come on this legislation in our September issue.

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