Tag Archives: Sexual Harassment

No Tax Deduction for Sexual Harassment Settlements Subject to Confidentiality Provision

Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically, § 162(q) provides: No deduction is allowed for any settlement or payment related to sexual harassment or sexual abuse if the settlement or payment is subject to a nondisclosure agreement. No deduction is permissible for attorneys’ fees related … Continue Reading

Sacramento County “Panic Button” Ordinance

The Sacramento County Board of Supervisors has approved an Ordinance requiring hotel and motel operators in Sacramento County to provide employees with a panic button or notification device that can be used to call for help when an employee reasonably believes sexual harassment activity is occurring in the employee’s presence. The panic button is designed … Continue Reading

Sexual Harassment Bills to Watch Before the California Legislature

Several significant employment law bills relating to sexual harassment are pending before the California legislature which could significantly affect employer practices. SB-1343 seeks to amend current sexual harassment prevention training for employers.  Under current law, employers with 50 or more employees must provide sexual harassment training to supervisors within six months of the supervisor’s assumption … Continue Reading

No Employer Liability If There is No Actionable Harassment or Discrimination, California Court Rules

An employer cannot be held liable for failure to prevent sexual harassment under the California Fair Employment and Housing Act (“FEHA”) if there is no actionable sexual harassment, the California Court of Appeal has ruled. Dickson v. Burke Williams, Inc., No. B253154 (Cal. Ct. App. Mar. 6, 2015). Likewise, a jury’s finding that an employer … Continue Reading

AB 2053: Sexual Harassment Training Must Now Include the “Prevention of Abusive Conduct”

AB 2053 went into effect on January 1, 2015, thereby requiring that California employers with 50 or more employees provide training on the “prevention of abusive conduct” along with the sexual harassment training already required by law. “Abusive conduct” is defined under California Government Code section 12950.1(g)(2) as the “conduct of an employer or employee … Continue Reading

California Supreme Court Finds Franchisor Not Vicariously Liable for Sexual Harassment

In a case of first impression, Patterson v. Domino’s Pizza, LLC (Cal. Aug. 28, 2014) [124 FEP Cases 994], the California Supreme Court concludes franchising does not automatically create an employment or agency relationship with a franchisor for purposes of holding it vicariously liable for the sexual harassment of a franchisee store’s employee by her … Continue Reading

California Law Protects Unpaid Interns and Volunteers from Harassment and Discrimination

California has become the third state in the country, after New York and Oregon, to ban sexual harassment and discrimination in the workplace directed toward unpaid interns. The new law (AB 1443) extends workplace harassment and discrimination protections under the California Fair Employment and Housing Act (“FEHA”) to unpaid interns, volunteers, and individuals in apprenticeship … Continue Reading

California High Court Rules that Franchisors are Not Liable for Workplace Injuries Inflicted By Franchisees’ Employees

In a recent opinion with important implications for California businesses, the California Supreme Court held that franchisors are not vicariously liable for the conduct of employees managed by its franchisees. In Patterson v. Domino’s Pizza, LLC, et al., the plaintiff, a service employee at a Southern California Domino’s Pizza franchise, alleged that she had been … Continue Reading

Proposed Amendment to California’s Government Code Addresses Workplace Bullying; Would Require New Training on Abusive Conduct

On May 15, 2014, the California Assembly passed a proposed amendment to California’s statute governing sexual harassment training. Currently, the statute requires employers with 50 or more employees to ensure workplaces are free of sexual harassment by providing training to their supervisory employees at least once every two years.  Such training must include information regarding … Continue Reading

Supervisor’s Conduct Supported Same-Sex Harassment Claim, California Court Rules

Finding an intern had produced sufficient evidence for a reasonable jury to conclude his supervisor engaged in a pervasive pattern of harassing conduct “because of sex,” including numerous gifts, frequent lunch purchases, along with sexual jokes and displays of pornographic computer images, the California Court of Appeal has allowed his harassment suit to proceed, reversing … Continue Reading
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