The MeToo Movement’s Impact On California Employers

The MeToo movement has had a profound impact on harassment and discrimination laws in California, leading to a number of significant legislative changes aimed at strengthening protections for employees and holding employers accountable. Below is a list of key MeToo-related laws that have been passed in California:

1. SB 1300 (2018) – Expanding Harassment Claims and Protections

Overview: This law was a direct response to the MeToo movement and expanded employee protections against harassment and discrimination. It made several key changes, including:

Limiting nondisclosure agreements: SB 1300 made it more difficult for employers to use nondisclosure agreements (NDAs) to prevent victims of harassment from speaking out or discussing their experiences, especially in settlements.

Broadening the scope of harassment: The law clarified that harassment claims can be based on any unwelcome conduct, including behavior that may be subtle but nonetheless creates a hostile work environment.

Prohibiting broad release of claims: It prohibited employers from requiring employees to waive their rights to pursue harassment claims as part of the settlement agreement.

2. AB 2770 (2018) – Expanding Protections for Workers from Retaliation

Overview: This law strengthened protections against retaliation for employees who report harassment or discrimination. It made it clear that retaliation against employees for filing harassment claims or participating in investigations is illegal, and workers who engage in protected activity cannot be punished or silenced.

3. SB 820 (2018) – Restrictions on Confidential Settlements for Harassment Claims

Overview: SB 820 limits the use of confidential settlements in harassment cases, preventing employers from using nondisclosure agreements (NDAs) to prevent employees from publicly discussing their harassment claims. This law was designed to stop the practice of silencing victims through confidential settlements and make it easier for victims to speak out about workplace misconduct.

5. AB 1619 (2020) – Clarifying Definition of “Harassment” in Settlement Agreements

Overview: This law further clarified that settlement agreements, including those related to harassment or discrimination claims, cannot prevent an employee from discussing their claim or the settlement itself. It aimed to ensure that workers’ voices could be heard even if they had settled their claims outside of court.

6. SB 1445 (2020) – Expanding Sexual Harassment Protections in the Workplace

Overview: SB 1445 required that harassment training in California include specific emphasis on gender identity and sexual orientation discrimination, recognizing the evolving nature of discrimination issues in the workplace, particularly for LGBTQ employees.

7. AB 749 (2019) – Banning “No Rehire” Clauses in Settlement Agreements

Overview: This law prohibits employers from including “no rehire” clauses in settlements that are related to harassment, unless the employee has been convicted of a crime related to the harassment. This was a direct result of the MeToo movement’s push to ensure that employers cannot silence victims by ensuring that the alleged harasser is not simply removed from the workplace but is also held accountable for their actions.

8. AB 168 (2019) – Banning Salary History Inquiries

Overview: While not directly related to harassment or discrimination in the traditional sense, AB 168 aimed to address one of the root causes of gender-based discrimination in the workplace by banning employers from asking about a candidate’s salary history during the hiring process. This helps combat the gender pay gap, which is often a form of gender-based discrimination.

9. AB 56 (2020) – Protecting Employees from Harassment by Third Parties

Overview: AB 56 extends harassment protections to employees who are harassed by third parties, such as customers or clients. This law clarifies that an employer can be held responsible if it fails to take reasonable steps to protect employees from third-party harassment, especially when it is severe or ongoing.

10. AB 1843 (2020) – Expanding Sexual Harassment Law to Include Independent Contractors

Overview: AB 1843 clarified that independent contractors in California are protected from harassment under California’s Fair Employment and Housing Act (FEHA), which had previously only applied to employees. This expands harassment protections for workers in more vulnerable or non-traditional employment arrangements.

Conclusion

California has enacted a series of MeToo-related laws aimed at strengthening protections against workplace harassment and discrimination. Please consult your employment counsel for guidance.