One Stray Remark Can Get You Sued For Harassment!
1. California Sexual Harassment Legislation Will Make it More Difficult for Employers to Resolve Claims
One stray remark can now lead to a harassment lawsuit in California with the adoption of Senate Bill 1300, amending the Government Code. This new law now makes a simple incident of one stray remark potentially relevant in a sexual harassment suit. It defines “impermissible conduct” as disrupting emotional tranquility in the workplace or otherwise interfering with a victim’s work.
Finally, this new law (Senate Bill 1300) says a summary judgment disposing of this type of case is rarely appropriate.
Comment: If you cannot get rid of these cases on a summary judgment, the deck is stacked in favor of a plaintiff even if the case is a he said/she said. As you know, litigation costs can be so high that a settlement paying off the plaintiff even though the case is frivolous, sometimes makes more sense. California is such a great place to work if you are an employee and not such a great place to own a business if you are the employer.
About the Author
Scott Souders is a real estate attorney who has practiced real estate law in excess of 43 years in Southern California. The Real Estate Law Update cites cases or statutes which are summarized and should not be relied upon without fully reading the cases or statute in the advance sheets and shepardizing the same and consulting with your own attorney.