Page 9 - Los Angeles Vol 5 No 2

CARNEY SHEGERIAN | Employment Law
How California’s New Laws Prevent Silencing Victims of Sexual Harassment
Recently, the public, media, judges and jurors have all in- creased their sensitivities to-
ward rectifying the devastating im- pact discrimination, harassment and sexual assault have on its victims. A number of policy changes have been made, especially with regard to vic- tims of harassment. Highly publicized incidents, cases and verdicts, further put into the spotlight in part due to the #MeToo movement, have all contributed to the public’s increased awareness, outrage and correspond- ing need for e ective remedies.
Nowhere has this been more evi- dent than in the California State Leg- islature. A national leader in harass- ment prevention measures, the State Legislature recently amended the Fair Employment and Housing Act under Senate Bill 1300 to make sweeping changes to what constitutes harass- ment, and how harassment cases are handled.
New standard
Most noteworthy, the standards have been loosened as to what con- stitutes sexual harassment. at is, a plainti needs no longer show tan- gible proof that their productively declined as a result of the sexual ha- rassment. Instead, the plainti need only show that a “reasonable person”
would nd that the harassment made it “more di cult” to do their job. is was a rm rejection of the impossibly stringent standards that were previ- ously held to prove harassment and the impact that it had on victims.
Additionally, a single incident of harassing conduct is now enough to qualify for a hostile work environ- ment if the harassment has unrea- sonably interfered with the plainti ’s work performance. e incident of harassment can also qualify for a hos- tile work environment if it is catego- rized as creating an intimidating, hos- tile or o ensive work environment.
e new measures undoubtedly will serve to prevent more incidents of sexual harassment in the work- place. Just one harassing incident can constitute sexual harassment, which is a big win for plainti s. Now harass- ers will be held accountable for all of their incidents of harassment.
As California State Legislature amended in Government Code Sec- tion 12923, these types of cases are now “rarely appropriate for disposi- tion on summary judgment.” Moving forward, it will be more di cult to throw out such cases before the plain- ti s have their day in court. e po- tential e ect of this will be to decrease the instances of victims of harassment being “silenced” from being heard be- fore a jury of their peers.
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Previously, it was much easier for these cases to be disposed of on a mo- tion for summary judgment due to technicalities of conduct not meeting the “severe or pervasive” standard. What was once known as the “one touch” rule colloquially will no longer be something that harassers can get away with.
Employer liability
Another important impact of the Fair Employment and Housing Act overhaul is the amendment that em- ployers may be liable for the harass- ing conduct of nonemployees to- wards employees, applicants, unpaid interns or volunteers. is expands the employer’s liability for harass- ment against its employees, regard- less of who the harasser is. It is hoped the amendment will work to motivate employers to put further protections in place to keep their employees safe.
e California State Legislature’s new measures are expected to not only curb harassment from happen- ing, but also to provide more agency for victims of sexual harassment and to allow them to bring their cases to court, if need be.
e state’s measures should be a beacon for sexual harass- ment prevention in the country.
Since launching Shegerian & Associates, Carney Shegerian has developed a reputation as The People’s Attorney — ghting passionately for the rights of his employee clients. As an experienced trial attorney, he has tried numerous jury trials to verdict. Winner of the 2013 Trial Lawyer of the Year Award as a result of trying a number of signi cant cases, Shegerian was also nominated, and a nalist, for the award in 2006, 2010–2012. His record of success for his clients is unparalleled. Shegerian has won over 77 jury trials, including 34 seven- gure verdicts as a plaintiff’s attorney.
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