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SB-224 Personal rights: sexual harassment.(2017-2018)



Current Version: 01/03/18 - Amended Senate        


SB224:v96#DOCUMENT

Amended  IN  Senate  January 03, 2018
Amended  IN  Senate  August 21, 2017
Amended  IN  Senate  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 224


Introduced by Senator Jackson

February 02, 2017


An act to amend Section 51.9 of the Civil Code, relating to personal rights.


LEGISLATIVE COUNSEL'S DIGEST


SB 224, as amended, Jackson. Personal rights: sexual harassment.
Existing law establishes liability for sexual harassment when the plaintiff proves specified elements, including, among other things, that there is a business, service, or professional relationship between the plaintiff and defendant. Existing law states that a relationship may exist between a plaintiff and certain persons, including an attorney, holder of a master’s degree in social work, real estate agent, and real estate appraiser.
This bill would include an investor investor, elected official, lobbyist, director, and producer among those listed persons who may be liable to a plaintiff for sexual harassment.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 51.9 of the Civil Code is amended to read:

51.9.
 (a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements:
(1) There is a business, service, or professional relationship between the plaintiff and defendant. Such a relationship may exist between a plaintiff and a person, including, but not limited to, any of the following persons:
(A) Physician, psychotherapist, or dentist. For purposes of this section, “psychotherapist” has the same meaning as set forth in paragraph (1) of subdivision (c) of Section 728 of the Business and Professions Code.
(B) Attorney, holder of a master’s degree in social work, real estate agent, real estate appraiser, investor, accountant, banker, trust officer, financial planner loan officer, collection service, building contractor, or escrow loan officer.
(C) Executor, trustee, or administrator.
(D) Landlord or property manager.
(E) Teacher.
(F) Elected official.
(G) Lobbyist.
(H) Director or producer.

(F)

(I) A relationship that is substantially similar to any of the above.
(2) The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe.
(3) There is an inability by the plaintiff to easily terminate the relationship.
(4) The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right, as a result of the conduct described in paragraph (2).
(b) In an action pursuant to this section, damages shall be awarded as provided by subdivision (b) of Section 52.
(c) Nothing in this section shall be construed to limit application of any other remedies or rights provided under the law.
(d) The definition of sexual harassment and the standards for determining liability set forth in this section shall be limited to determining liability only with regard to a cause of action brought under this section.