Employment Discrimination and Harrassment

February 2, 1015 by Beeson Tayer & Bodine

Workplace Bullying – AB 2053 (Gonzalez)
This law requires that employers include “prevention of abusive conduct” as a part of their legally mandated sexual harassment training. “Abusive conduct” is essentially defined as workplace bullying that is not necessarily tied to a protected category such as gender, race, or religion. However, the law does not make bullying actionable under discrimination-protection law (although severe and abusive workplace conduct may be actionable under other legal theories).

Work Place Protections for Interns and Volunteer – AB 1443 (Skinner)
This law extends FEHA protections against discrimination and harassment to unpaid interns and volunteers in the workplace. This bill ensures that interns and volunteers are protected from discrimination and harassment even though they are not paid.

Sexual Harassment Prevention for Farm Contractors – SB 1087 (Monning)
This bill authorizes the Labor Commissioner to refuse to grant a license to operate as a farm labor contractor, or to revoke, suspend or refuse to renew a license, to a person who, within the preceding three years has been found to have committed sexual harassment of an employee, or employed a supervisory employee whom he knew or should have know has been found to have committed sexual harassment of an employee within the past three years. The new law also requires applicants FLC licenses must attest that their supervisorial employees have been trained in the prevention of sexual harassment and must take a written exam to demonstrate knowledge of laws and regulations regarding sexual harassment in the workplace.

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