Jottings By An Employer's Lawyer

Tuesday, September 09, 2003

Next Test for Davis - Legislative Reversal of Salazar v. Diversified Paratransit

California legislators have sent another bill to Governor (at least for a little while longer) Gray Davis which labor supports and business strongly opposes. The Sacramento Bee has the story on Assembly Bill 76 which would make employers responsible for sexual harassment of its employees by customers or third parties "if employers -- or their agents or supervisors -- knew or should have known of the harassment and failed to take immediate action to stop it." This would reverse a 2-1 decision of an intermediate appellate court which is currently pending review by the California Supreme Court. I mentioned the original decision here last year, as well as an academic critique.

It seems unlikely that Governor Davis would choose not to sign this bill giving the current make up of his support in next month's recall election.

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