New Laws
Jan. 22, 2014
SB 292: Modern take on same-sex harassment
The Legislature has turned back the clock with Senate Bill 292, which specifies that under FEHA establishing that harassment was "because of sex" does not require proof of sexual desire, overturning Kelley. By Carolyn Rashby
Several years ago, in Kelley v. The Conco Companies, 196 Cal. App. 4th 191 (2011), the 1st District Court of Appeal ruled that in a same-sex harassment case under the California Fair Employment and Housing Act (FEHA) the plaintiff had to prove that the harasser was motivated by sexual desire. The Legislature has turned back the clock with Senate Bill 292, which specifies that under FEHA establishing that harassment was "because of se...
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