In 2011, a California appellate decision (Kelley v. Conoco Companies) called into question a key element of proof required in sexual harassment claims. After Kelley, sexual harassment plaintiffs were faced with the prospect that in order to prevail on a claim, they must prove that the sexually harassing conduct was motivated by sexual desire.

On Monday, August 12, Governor Jerry Brown signed into law Senate Bill (SB) 292. SB 292 amends section 12940 of the California Fair Employment and Housing Act to address the Kelley decision and clarifies that a sexual harassment plaintiff is not required to prove, in all cases, that the sexually harassing conduct was motivated by sexual desire under California law. A link to SB 292 is provided here: http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0251-0300/sb_292_bill_20130802_enrolled.pdf

For more information about this topic please contact: 
Gerald A. Griffin Partner
Gibbs Giden Locher Turner Senet & Wittbrodt LLP
1880 Century Park East, 12th Floor
Los Angeles, California 90067
Phone: (310) 552-3400

email: jgriffin@ggltsw.com

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