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ARTICLE · 09 OCTOBER 2017

Is Bullying Harassment?

Foley & Lardner LLP
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California is oft thought of as a trailblazer in the arena of sexual harassment law. Because California's Fair Employment and Housing Act mirrors Title VII, practitioners and employers...

United StatesEmployment and HR
Krista Cabrera
Krista Cabrera
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California is oft thought of as a trailblazer in the arena of sexual harassment law. Because California's Fair Employment and Housing Act mirrors Title VII, practitioners and employers in other states often look to California cases and laws regarding sexual harassment for guidance.

One area that has created a stir nationwide is California's latest addition to its statute regarding mandatory sexual harassment training for supervisors. The state now mandates training on the subject of "abusive conduct," otherwise known as bullying, in addition to training on sexual harassment avoidance. While "abusive conduct" is not illegal in and of itself, this addition to the law's training requirements has created speculation as to whether legislation may be coming down the pike deeming bullying illegal.

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