Senate Bill 1300 (Jackson) seeks to expand liability in discrimination and harassment by lowering the legal standard for legal claims.  Currently, only harassment that is “severe or pervasive” is actionable.  As such, the law is not designed to allow claimants to bring claims based on a single offensive remark or act.  SB 1300 creates a new private right of action for failure to prevent harassment or discrimination which is written to significantly lower that standard by providing that a claimant need only prove “that the conduct would meet the legal standard for harassment or discrimination if it increased in severity or became pervasive.” (emphasis added).

If passed into law, SB 1300 would create a basis for a lawsuit against every employer for any vulgar or insensitive comment.  The law would apply to both independent contractors and employees and will undoubtedly lead to an increase in the number of claims filed.

In addition, SB 1300 seeks to expand sexual harassment training requirements from the current standard which states that employers with 50 or more employees or independent contractors must train supervisors every 2 years or within 6 months of promotion or hire.  The new standard would apply training requirements to all employees and all employers subject to the Fair Employment and Housing Act, along with expanded bystander intervention training.