Experienced Employment Attorney Curt Surls comments on recently passed legislation in California

MANHATTAN BEACH, Calif. - Oct. 17, 2018 - PRLog -- To strengthen protection against Sexual Harassment in the Workplace, California Governor Jerry Brown recently signed four bills that strengthen the protection against sexual harassment in the workplace.  The bills were part of a legislative package that received strong support from the entertainment industry, which had to deal with numerous cases of highly publicized cases of sexual misconduct in recent years.

Senate Bill 820 deals with confidentiality provisions in settlements relating to sexual misconduct.  Specifically, settlement agreements "that prevents the disclosure of factual information related to a claim filed in a civil action or a complaint filed in an administrative action . . . is prohibited", if such agreement is regarding sexual assault, sexual harassment, workplace sexual harassment or discrimination, or sexual harassment or discrimination by owner of housing accommodation.  The bill also prohibits courts from entering any order that prohibits the disclosure of such information.  Interestingly, the bill does contain an exception that allows the claimant to request the inclusion of a confidentiality provision to keep such information private.  While the purpose of such exception is understandable, it remains to be seen as to whether the exception could eventually swallow the whole, especially if most defendants or accused will simply require the claimant to request such a confidentiality provision as a condition of settlement.

Senate Bill 826 requires California public companies to have at least 1 female board of director by end of 2019.  Then, by 2021, any public company with 5 board of directors must have at least 2 female directors and any public company with 6 or more board of directors must have at least 3 female directors.  The presence of female decision makers on the board have been advocated by sexual harassment experts as a way of meaningfully impacting the corporate response to sexual harassment and discrimination problems.

Senate Bill 1300 and 1343 seek to broaden the scope of protection by sexual harassment laws.  Specifically, Senate Bill 1300 strengthens employer liability where sexual misconduct is committed by independent contractors and non-employees in the course of business.  This was viewed as a very important measure by the entertainment industry.  Senate Bill 1343 strengthens employer requirements pertaining to sexual harassment training.

California's legislative actions are in line with a growing trend among states across the United States. Many states are enacting or amending laws to strengthen the protection against sexual harassment in recent years.

About Curt Surls, Employment Lawyer in California

Curtis Surls is an Attorney in the areas of Employment Discrimination, Sexual Harassment, and Wrongful Termination. Located in Manhattan Beach, California, the Law Office of Curt Surls offers a complete range of employment law services to those living throughout Southern California, including all of Los Angeles, Riverside, Orange and San Bernardino counties.

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