Under Assembly Bill 3109 (AB-3109), any contract or settlement agreement will be deemed void and unenforceable if it contains a provision waiving a party's right to testify regarding criminal conduct or sexual harassment by the other party or the other party's employees or agents in an administrative, legislative or judicial proceeding.
California employers were already required to provide employees with a reasonable break time and a reasonable room or other location, "other than a toilet stall," for the purposes of expressing milk. That, however, is no longer enough thanks to the passage of Assembly Bill 1976 (AB-1976). Employers are now required to make reasonable efforts to provide employees with use of a room or other location, other than a bathroom, for purposes of expressing milk.
California employers may need to revisit their sexual-harassment-prevention training to ensure compliance with the newly enacted Senate Bill 1343 (SB 1343). Prior to SB 1343, only businesses employing 50 or more workers were required to provide sexual-harassment-prevention training to supervisory employees.
Sexual harassment and/or discrimination settlement agreements have often included confidentiality provisions or non-disclosure agreements (NDAs) prohibiting victims from disclosing terms of settlement and the underlying facts of their claim. Beginning January 1, 2019, however, any settlement agreement containing an NDA clause will be considered void.
The #MeToo movement and revelations about sexual harassment in the entertainment industry and elsewhere have led to significant efforts to reform the industry in California and elsewhere. Harvey Weinstein, the prominent movie producer, was at the center of many of these allegations in late 2017; they have since expanded to highlight a number of well-known figures in the industry. Harassment and assault complaints have been the focus of media stories, activism and social media campaigns.
Sexual harassment can take place within retail establishments in California, so it is important that employers have a policy in place that describes what sexual harassment is and how it should be reported. Reports that are made should be forwarded to a human resources official or to anyone else trained to handle them. Furthermore, the system must ensure that allegations of harassment will be investigated even if the perpetrator is in a position of power.
The U.S. Forest Service employs many people in California and nationwide. Roughly 40,000 people work at the federal agency, and it unfortunately has a long history of sexual harassment complaints and retaliation. A class-action lawsuit targeted the agency in the 1970s after female employees experienced systemic discrimination. As recently as December 2016, an oversight panel reported that sexual harassment and assault remained rampant at the agency. The new director of the agency reported to Congress about recent steps taken to address an allegedly toxic workplace culture defined by sexual harassment, misconduct and bullying.
Sexual harassment is unfortunately common in California and in other states. The #MeToo movement has brought national media attention to a problem that has existed for many years. Experts say that one of the best ways for companies to prevent sexual harassment is to train their employees, especially supervisors who interact with employees frequently.
Google LLC is already the subject of two lawsuits in California that accuse the company of gender discrimination and tolerating harassment of female employees. A new lawsuit emerging from one of the company's out-of-state data centers provides an example of alleged sexual harassment against a male employee. The 63-year-old man filed a legal complaint alleging that he was wrongfully terminated after complaining about the sexual harassment that he experienced.
Sexual harassment has been in the news in California recently, continuing the #MeToo movement. The social awareness surrounding the issue has inspired many people to come forward about their experiences.