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AB-170 Employment: sexual harassment: liability.(2019-2020)

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Date Published: 01/08/2019 09:00 PM
AB170:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 170


Introduced by Assembly Member Gonzalez

January 08, 2019


An act to add Section 12940.2 to the Government Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 170, as introduced, Gonzalez. Employment: sexual harassment: liability.
The California Fair Employment and Housing Act (FEHA) prohibits various actions as unlawful employment practices and makes it an unlawful employment practice for an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to engage in harassment of an employee or other specified person. FEHA also makes harassment of those persons by an employee, other than an agent or supervisor, unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. Under FEHA, an employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees and other specified persons, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. FEHA defines harassment for these purposes to include sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions.
Existing law also requires a client employer, as defined, to share with a labor contractor, as defined, all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages and the failure to obtain valid workers’ compensation coverage.
This bill would require a client employer to share with a labor contractor all civil legal responsibility and civil liability for harassment for all workers supplied by that labor contractor.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12940.2 is added to the Government Code, to read:

12940.2.
 (a) A client employer shall share with a labor contractor all civil legal responsibility and civil liability for harassment, as described in subdivision (j) of Section 12940, for all workers supplied by that labor contractor.
(1) A client employer shall not shift to the labor contractor any legal duties or liabilities under Division 5 (commencing with Section 6300) of the Labor Code with respect to workers supplied by the labor contractor.
(2) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or his or her representative shall notify the client employer of violations under this section.
(3) The client employer and the labor contractor shall not take any adverse action against any worker for providing notification of violations or for filing a claim or civil action.
(b) The provisions of this section are in addition to, and shall be supplemental of, any other theories of liability or requirement established by statute or common law.
(c) “Client employer,” “labor contractor,” “labor,” and “worker” shall have the same meaning as defined in Section 2810.3 of the Labor Code.