The Fair Employment and Housing Act (“FEHA”) has always contained a two layered statute of limitations for employees to bring lawsuits against their employers for discrimination, harassment, and retaliation. Formerly, employees had one year to file an administrative complaint with the Department of Fair Employment and Housing (“DFEH”) from the date of the alleged discrimination, harassment, or retaliation. If an employee did not comply with this administrative requirement, then the employee’s complaint would be subject to dismissal for failure to exhaust administrative remedies. Even if an employee were to file a timely administrative complaint, they were subject to a one year statute of limitations for filing a civil action from the time they received a right to sue letter from the DFEH. The Stop Harassment and Reporting Extension Act (“SHARE Act”) has greatly expanded employee rights. (AB 9, 2019).
As the #MeToo Movement placed a glaring spotlight on sexual harassment in the workplace, outgoing California Governor Jerry Brown signed several bills aimed at curbing sexual harassment last year, including SB 1343.
The DFEH recently released its Sample Equal Opportunity Policy. The Sample Policy is available in PDF and Word form on the DFEH’s employment resources page at https://www.dfeh.ca.gov/resources/posters-and-brochures-and-fact-sheets/poster-and-brochure-tab-list/?target=employment.
Employers who are faced with sexual harassment or sexual abuse claims by a current or former employee now have another problem to consider – are the settlement payment and related attorney’s fees incurred in settling the claim deductible? Unfortunately, the answer to that question may now be no.
In Patterson v. Domino’s Pizza, LLC., the California Supreme Court addressed the issue of whether a franchisor, such as Domino’s Pizza, LLC., can be held vicariously liable for claims of alleged sexual harassment by an employee of a franchisee, such as an individually owned Domino’s Pizza store. The court framed the issue as follows: “Does a franchisor stand in an employment or agency relationship with the franchisee and its employees for purposes of holding it vicariously liable for workplace injuries allegedly inflicted by one employee of a franchisee while supervising another employee of the franchisee?” The court held a franchisor is not vicariously liable for claims of alleged workplace torts by employees of a franchisee unless. . . .
Relying on data from the U.S. Equal Employment Opportunity Commission, the Daily Journal reports sexual harassment claims have generally declined over the last decade from 15,222 claims in 1999 to 11,717 claims in 2010 (a decline of approximately 23%). However, in 2010, sexual harassment claims by men rose to an all-time high of approximately 16% of the sexual harassment claims filed. The Daily Journal ...
Other AALRR Blogs
Recent Posts
- New CA Court of Appeal Decision Provides a Basis for Finding Insurance Coverage of Wage and Hour Lawsuits under Employment Practices Liability Insurance Policies
- What You Need to Know About the AB 5 “Business-to-Business” Exemption
- Raising the Bar: DOL Increases Salary Threshold for Federal White Collar Exemptions
- California Expands Time for Employees to Bring Discrimination, Harassment, and Retaliation Actions
- Employer Obligations In The Event Of Closures Due to California Wildfires and Power Outages
- Supreme Court Denies Plaintiffs the Ability to Seek Recovery of Unpaid Wages Under PAGA
- Deadline for Sexual Harassment Prevention Training Extended to January 1, 2021 for Some Employees
- California Supreme Court Rejects Conversion Claim for Unpaid Wages
- Failure to Comply with the EEOC’s Claim-filing Requirements May Not Bar Courts from Hearing Discrimination Cases
- California Legislation Codifying ABC Test Passes State Assembly
Popular Categories
- (115)
- (36)
- (29)
- (39)
- (20)
- (23)
- (16)
- (5)
- (5)
- (1)
- (12)
- (3)
- (14)
- (1)
- (9)
- (2)
- (3)
- (1)
- (3)
- (1)
- (2)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
Contributors
- Christopher S. Andre
- Cindy Strom Arellano
- Sarkis A. Atoyan
- William M. Betley
- Brigham M. Cheney
- Michele L. Collender
- Kevin R. Dale
- Scott K. Dauscher
- Alexandria M. Davidson
- William A. Diedrich
- Alfonso Estrada
- Paul S. Fleck
- Robert Fried
- L. Brent Garrett
- Carol A. Gefis
- Amber S. Healy
- Jonathan Judge
- David Kang
- Nate J. Kowalski
- Thomas A. Lenz
- David M. Lester
- Martin S. Li
- Elizabeth P. Lind
- Mia A. Lomedico
- Jorge J. Luna
- Ronald W. Novotny
- Michael J. O'Connor, Jr.
- Aaron V. O'Donnell
- Shawn M. Ogle
- Sharon J. Ormond
- Chesley D. Quaide
- Todd M. Robbins
- Irma Rodríguez Moisa
- Casandra P. Secord
- Jon M. Setoguchi
- Lauren B. Shelby
- Ann K. Smith
- Amber M. Solano
- Susana P. Solano
- April Szabo
- Jay G. Trinnaman
- Jonathan S. Vick
- Robert L. Wenzel
- Lisa C. Zaradich
Archives
2019
- November 2019
- October 2019
- September 2019
- August 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
2018
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- March 2018
- February 2018
- January 2018
2017
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- June 2017
- May 2017
- March 2017
- February 2017
2016
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
2015
- December 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- February 2014
- January 2014
2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
2011
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011