Jackson bill closes loopholes in law that allow workplace sexual harassment to persist
SACRAMENTO – Introduced in response to the #MeToo movement, State Sen. Hannah-Beth Jackson (D-Santa Barbara)’s legislation to fight sexual harassment in the workplace passed off the Senate floor today and now heads to the Governor. The vote was 23-10.
Senate Bill 1300 closes loopholes in the law that discourage or prevent victims from speaking out, allow employers to avoid sexual harassment and discrimination laws, and leave employees vulnerable to sexual harassment at work.
Senate Bill 1300 provides guidance to the courts on the “severe or pervasive” legal standard for sexual harassment, so that it is fairly applied to protect victims. SB 1300 also prohibits non-disparagement clauses and “sneaky releases” that prevent victims from speaking out about abuse and seeking justice in court for sexual harassment.
“Everyone has a right to pursue their career and work-life free from harassment,” said Senator Jackson. “The #metoo movement raised awareness of pervasive sexual harassment in our workplaces, and now it’s time to act. SB 1300 will close the loopholes in law that have allowed this inappropriate and unacceptable behavior to persist.”
The #wesaidenough and #metoo movements again brought to light the pervasiveness of sexual harassment in the workplace across all industries, and the harm it inflicts on a victim’s emotional well-being, career, and lifetime earnings, while exposing the complex legal and cultural factors that enable sexual harassment to persist unabated. Jackson, who is chair of the Senate Judiciary Committee and the Senate Select Committee on Women, Work, and Families, held two informational hearings this year at the State Capitol to more closely examine the “severe or pervasive” legal standard and changes needed to create a harassment-free culture at work.
Senate Bill 1300 includes a number of reforms addressed in these hearings:
- Addresses the legal standard around sexual harassment: In response to reports of sexual harassment cases being dismissed by the courts, SB 1300 provides guidance to the courts on the “severe or pervasive” legal standard for sexual harassment, to ensure that the standard is consistently and fairly applied to protect victims.
- Ends legal tactics that silence victims: SB 1300 prohibits employers from requiring workers to release any and all claims against the employer, including claims for sexual harassment, as a condition of employment or in exchange for a raise or a bonus (often called “sneaky releases”). SB 1300 also prohibits employers from requiring workers to sign “non-disparagement” agreements as a condition of employment, which prevent employees from speaking out about abuse.
- Ensures employees are informed: This bill requires employers to provide information to each employee on how to report harassment and how to contact the Department of Fair Employment and Housing to file a complaint.
- Strengthens sexual harassment training: Authorizes employers to provide bystander intervention training, so that employees can be trained on how to effectively intervene if they see inappropriate behavior taking place.
Jackson is the author of Senate Bill 224, which also passed the Legislature. SB 224 expands sexual harassment protections to explicitly prohibit sexual harassment by investors, elected officials, lobbyists, directors and producers.
Jackson represents the 19th Senate District, which includes all of Santa Barbara County and western Ventura County.