Experienced
Employment Attorney Curt Surls comments on recently passed legislations in
California to strengthen protection against Sexual Harassment in the Workplace
California Governor Jerry Brown recent signed four bills that
toughens 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
About Curt Surls
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.
Professional
Profile on law firm website: https://www.curtsurlslaw.com/attorney-profile/
Attorney
Profile in “Super Lawyer” Directory:
https://profiles.superlawyers.com/california-southern/manhattan-beach/lawfirm/law-office-of-curt-surls/7d7bf48f-c2ff-4237-9fde-9017064c7ce2.html
Attorney
Profile: https://solomonlawguild.com/curt-surls%2C-esq
*** Curt Surls specializes 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. With nearly 30 years of experience focusing almost exclusively on this area of law, attorney Curt Surls and his law firm provide the personalized assistance and effective support his clients need. References: Law Firm Website: www.curtsurlslaw.com; Professional Profile on law firm website: https://www.curtsurlslaw.com/attorney-profile/; LinkedIn Profile: https://www.linkedin.com/in/curt-surls-83118b5/; Attorney Profile: https://solomonlawguild.com/curt-surls%2C-esq; Attorney News: https://attorneygazette.com/curt-surls%2C-esq#5282ef1c-68bd-44ca-a705-13c4c4d19d33
