Posted in Discrimination, Harassment
There are a number of bills pending in the California Legislature this year that employers should be watching closely.
SB 1038 California Fair Employment and Housing Act: personal liability
Under existing law, individuals may be liable under the California Fair Employment and Housing Act (FEHA) for acts of unlawful harassment. SB 1038, if passed, will add individual liability for retaliation. According to the Senate Judiciary Committee’s analysis, “[f]ear of retaliation is a major reason why victims choose not to report discrimination and harassment. Yet current California law does not clearly hold individuals accountable for retaliation.” The bill’s author further states the change in the law is necessary because it will discourage individuals from retaliating against employees who exercise their rights under FEHA by complaining of discrimination and harassment.
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