Senate Bill 292: Amendment to California's Fair Employment and Housing Act

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Senate Bill 292: Amendment to California's Fair Employment and Housing Act

This bill is responding to the sexual harassment case, Kelley v. Conco Companies (2011) 196 Cal.App4th 191. In Kelly, the court held that to prove sexual harassment, there must be an element of "sexual desire" or "sexual intent" by the harasser. However, according to Senate Bill 292, a plaintiff in a sexual harassment matter shall no longer have to prove sexual intent or desire when filing a sexual harassment complaint. The plaintiff's claim may be deemed sufficient if the harassment is sexual in nature. Senate Bill 292 will be effective on January 1, 2014.

Categories: Employment Law
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