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February 04, 2003
California Mulls Extending Harassment Liability
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Assemblywoman Ellen Corbett says she believes state law already offers such protection, but she wants to ensure that the law is “crystal clear.” Corbett’s legislation comes on the heels of an announcement that the California Supreme Court will hear a case on this issue later this year.
“For one thing, the Supreme Court won’t take up the case until the fall,” Corbett tells the Recorder. “I think this is a serious issue. There’s no reason to wait to address [it].”
The California Supreme Court is scheduled to hear a case involving a worker who was allegedly harassed by one of the firm's clients. The employee in the case contends that the California Fair Employment and Housing Act held employers liable for sexual harassment of employees by clients. In October 2002, an appellate court ruled that state law did not mandate that employers protect workers from harassment by customers and clients, only other employees, according to the Recorder.
The bill proposes to change the wording of the law to cover liability for harassment by “any person,” not just “an employee.”
Civil rights groups and labor unions have supported the measure. The Recorder notes that while Chamber of Commerce hasn’t announced an official opinion on the proposed change, the chamber’s general counsel has concerns about the bill.
“It’s a pretty slippery slope, but we don’t think California needs to add another protected class to the many laws that employers already face,” General Counsel Fred Main tells the Recorder.
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