Legislature Tackles Sexual Harassment
Bills, Etc. Could Impact Employers Statewide
February 15, 2018
State legislators are churning out a multitude of bill proposals and informational hearings on the issue of sexual harassment and misconduct following numerous complaints and reports from Capitol staff and third-house lobbyists. Some of the proposals narrowly target the Legislature’s internal claims processes, while others apply on a statewide basis to all employers. CSAC will be working closely with stakeholders in review of these and other measures that impact county employer responsibilities and best practices.
• Sexual Harassment Record Retention – AB 1867 (Reyes)
Requires an employer with 50 or more employees to maintain records of employee complaints of sexual harassment for 10 years from the date of filing.
Fair Employment and Housing Act (FEHA) Statute of Limitations – AB 1870 (Reyes)
Expands the statute of limitations on claims of harassment from one year to three years under FEHA.
Personal Liability for Settlement Costs – AB 1750 (McCarty)
Seeks to require elected officials, rather than the public agency, to bear the liability and pay for legal costs associated with sexual harassment charges.
Ban on Nondisclosure Agreements (NDAs) – SB 820 (Leyva)
Bans the inclusion of secrecy clauses in settlement agreements in cases related to sexual assault, sexual harassment, and sex discrimination.
Personal Liability for Retaliatory Actions – SB 1038 (Leyva)
Imposes personal liability on individuals who retaliate against any employee asserting his/her legal rights under FEHA.
For a list of all CSAC’s tracked legislation on this topic, please click here.