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alifornia Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code. The bill should protect both sexual harassment victims and employers against defamation claims from alleged harassers.
The bill was sponsored by the California Chamber of Commerce and passed the Legislature with unanimous, bipartisan support—presumably in recognition that victims and employers
Liberty Surplus Ins. Corp. v. Ledesma & Meyer Constr. Co., 233 Cal. Rptr. 3d 487 (Cal. S. Ct. 2018)
Ledesma & Meyer Construction Company (“L&M”) contracted with the San Bernardino Unified School District to manage a construction project at a middle school where a 13-year-old student (“Jane Doe”) was allegedly sexually abused by Darold Hecht, an assistant superintendent hired by L&M. After Doe sued
Scott v. Gino Morena Enterprises, LLC, 2018 WL 1977123 (9th Cir. 2018)
Taylor Scott sued GME in state court for sexual harassment and retaliation. Because Scott worked at a barbershop located on the United States Marine Corps Base Camp Pendleton, her state court action was removed to federal court under the federal enclave doctrine. After removal, GME filed a motion for judgment on
Hurley v. California Dep’t of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018)
Delane Hurley worked as a staff services analyst who sued her employer, the Department of Parks & Recreation (“DPR”), and her former supervisor Leda Seals for harassment based on sex and sexual orientation in violation of the Fair Employment and Housing Act (“FEHA”), invasion of privacy, violation of the
Padron v. Watchtower Bible & Tract Soc’y of NY, Inc., 16 Cal. App. 5th 1246 (2017)
Oswaldo Padron sued Watchtower for negligence; negligent supervision/failure to warn; negligent hiring/retention; sexual battery and sexual harassment, etc., associated with his allegedly being molested by one of Watchtower’s agents (Gonzalo Campos) when Padron was a child. Following multiple hearings and motions, the trial court imposed a $2,000 per
Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017)
After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby’s attorney (Martin Singer) reacted with: (1) a letter demanding that media outlets not repeat Dickinson’s allegedly false accusation, under threat of litigation; and (2) a press release characterizing Dickinson’s rape accusation as a lie. Dickinson then brought suit against Cosby for
In a little-noticed provision buried deep inside the new Tax Cuts and Jobs Act (signed into law on Dec. 22) is the following “denial of deduction”:
“Payments related to sexual harassment and sexual abuse – No deduction shall be allowed under this chapter for –
This law expands the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, FEHA requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position and then once every two years thereafter. This new law expands
Last month the Department of Fair Employment and Housing (DFEH) announced the release of a new guide for California employers on the steps they should take to prevent and correct workplace harassment. The nine page document provides employers with a helpful FAQ-style guide to maintaining an effective anti-harassment program, appropriately responding to employee complaints, and conducting fair investigations.
The DFEH also issued a revised poster
Thompson Reuters has just published our “handy guide” for choosing and using employment practices liability insurance (“EPLI”). The article is attached. There are a number of important things to keep in mind when considering your options and using these insurance policies if and when an employment claim is made or threatened. Please let one of our employment or insurance lawyers know if we can be