McLeod Witham

Discrimination & Harassment

California Legislature Considers Significant Changes To FEHA And Labor Code

In the wake of recent and high profile sexual harassment cases and the continued gap in wages between men and women, the California Legislature is on the verge of making significant changes to the Fair Employment and Housing Act.  The following is a brief summary of the various proposals working their way through the California State Assembly and State Senate:

Governor Brown Extends Harassment Training Requirements To Include Gender Identity, Gender Expression, And Sexual Orientation

     As many of you know, employers in California that have more than 50 employees are required to provide at least two hours of classroom or “other effective interactive training and education” regarding sexual harassment to all supervisory employees in California within six months of their assumption of a supervisory position.  In addition, employers that are required to provide harassment training to their supervisory employees mu

Federal Court Prohibits Sexual Orientation Discrimination For The First Time

            On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court to rule that sexual orientation discrimination is prohibited by Title VII.  In Hively v. Ivy Tech Community College of Indiana, the Court ruled that sexual orientation discrimination is a form of unlawful sex discrimination against those who do not conform to traditional gender roles in their relationships.