New Workplace Harassment Laws Enacted in California

Governor of California Jerry Brown signed eight bills into law recently that are designed to prevent sexual harassment and other types of harassment that occur on the job.

Breaking the Glass Ceiling

Of these new measures, the law that has received the most attention is SB826, which requires any publicly traded company with its principal executive office in California to have at least one female director by the conclusion of 2019, even if the company must expand its board to make room for her. Additionally, by the end of 2021, companies that meet these criteria are required to have at least two women on five-member boards or three women on boards with six or more members. In addition to this measure, there are several other important laws that both employers as well as workers in the state of California should understand.

Regulations to Prevent Workplace Harassment

Also, SB1300 is a new law passed to decrease the rate at which workplace harassment in the state occurs. One section of this law prohibits employers from requiring a worker to sign certain documents as a condition of employment or obtaining a raise or bonus. One of these documents is an agreement to not initiate claims against an employer under the California Fair Employment and Housing Act, which was created to prohibit discrimination on the basis of a person’s age, race, or gender. The other document is a non-disclosure form, which would prohibit a worker from disclosing information about unlawful acts that occur in the workplace, such as sexual harassment.

California’s New Law Regarding Settlement Arrangements

Another new law in California is SB820, which applies to settlement agreements that resolve administrative or civil claims concerning sexual misconduct. This law prohibits clauses in agreements that prevent the disclosure of facts connected to the case, excluding details about the amount that is paid and the identity of individuals who filed a claim if the person has requested to remain anonymous. It is important to understand that this law applies to both public as well as private employers.

Other Laws that Workers should Know

Some of the other type of anti-harassment laws that have been enacted in California include the following:

• SB1343 helps to increase the number and type of workers who are required to receive sexual harassment training. Beginning in 2019, employers with five or more employees must provide at least two hours of training to supervisors as well as one hour to all other employees within six months of hire about sexual harassment. This training must be repeated every two years.
• AB2338 requires talent agencies to give adult artists educational materials concerning sexual harassment prevention as well information about eating disorders. Clients between the ages of 14 to 17 are also required to complete training in sexual harassment prevention.
• AB3082 requires the Department of Social Services to provide educational materials concerning sexual harassment of in-home supportive service providers.

Speak with a Workers’ Rights Lawyer

When sexual harassment occurs on the workplace, it is critical for employees to preserve their rights under the law. Workers who are subject to sexual harassment should not hesitate to obtain the assistance of a skilled workplace sexual harassment lawyer. Contact Herrmann Law today to schedule an initial case evaluation by calling our office: 817-479-9229 or filling out our online questionnaire, and someone from our office will contact you.