SB 224: Personal rights: civil liability and enforcement.

Existing law establishes liability for sexual harassment when the plaintiff proves specified elements, including, among other things, that there is a business, service, or professional relationship between the plaintiff and defendant and there is an inability by the plaintiff to easily terminate the relationship. Existing law states that a relationship may exist between a plaintiff and certain persons, including an attorney, holder of a masters degree in social work, real estate agent, and real estate appraiser.

This bill would include within the elements in a cause of action for sexual harassment when the plaintiff proves, among other things, that the defendant holds himself or herself out as being able to help the plaintiff establish a business, service, or professional relationship with the defendant or a 3rd party. The bill would eliminate the element that the plaintiff prove there is an inability by the plaintiff to easily terminate the relationship. The bill would include an investor, elected official, lobbyist, director, and producer among those listed persons who may be liable to a plaintiff for sexual harassment.

The California Fair Employment and Housing Act protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of various personal characteristics. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging violations of specified civil rights.

This bill would also make the department responsible for the enforcement of sexual harassment claims.

The California Fair Employment and Housing Act makes it an unlawful practice under its provisions for a person to deny or to aid, incite, or conspire in the denial of certain civil rights.

This bill would also make it an unlawful practice to deny or aid, incite, or conspire in the denial of rights of persons related to sexual harassment actions.

This bill would incorporate additional changes to Section 12930 of the Government Code proposed by SB 1427 to be operative only if this bill and SB 1427 are enacted and this bill is enacted last.