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SEXUAL HARASSMENT NEED NOT BE MOTIVATED BY DESIRE

Posted by Samuel A. Wong | Feb 21, 2014 | 0 Comments

In light of Kelley v. The Conco Companies, (“Kelley”) 196 Cal. App. 4th 191, 126 legislators enacted Senate Bill 292 amending the Fair Employment and Housing Act to explicitly state that sexual desire need not be a motivating factor in order for a plaintiff to prevail on a claim of harassment.

In Kelley a male plaintiff complained of harassment directed at him by another male coworker did not prevail on his claim for sexual harassment because he failed to prove that his harasser's conduct was motivated by sexual desire. In response to this unfavorable verdict, legislators enacted and passed SB 292 which amended California Government Code § 12940 to now read, “Sexually harassing conduct need not be motivated by sexual desire.”

One inferred effect of this change is that it a same-sex harasser does not have to be a homosexual or bisexual to be liable for harassing a same-sex victim.

About the Author

Samuel A. Wong

Samuel A. Wong is a renowned Orange County trial lawyer and a Co-Founder of Aegis Law Firm. Mr. Wong has spent his entire career litigating employment related matters, including wrongful termination, discrimination, harassment, wage, disability and medical leave cases. Mr. Wong is also an expert ...

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