RMKB Employment Alert: Employers Can Be Held Liable Under State Law For A Harassment By A Non-Employee


New Law. An employer of five (5) or more people who knew or should have known of sexual harassment by a nonemployee and fails to take immediate corrective action can now be held liable for that failure under the Fair Employment and Housing Act (FEHA). The new law, which can be found in Section 12940 of the Government Code, was passed by the state’s legislature and signed into law as Assembly Bill 76, also known as AB 76.

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