State of the States: Outside the Beltway, Sexual Harassment Bills Continue to Advance

June 08, 2018

Four California sexual harassment bills have passed either the General Assembly or the State Senate, including one that would invalidate any provision in a settlement agreement that prevents the disclosure of facts related to claims of sexual assault, sexual harassment, or sex discrimination.

According to the Workplace Policy Institute State of the States report, the other bills include: 

  • AB 1876, which would require employers to display posters from the Department of Fair Employment and Housing on sexual harassment and to issue specified notices; to provide two hours of interactive training on sexual harassment to all supervisory employees within six months of assuming their supervisory role and every two years thereafter; and to retain records of sexual harassment complaints for 10 years.

  • AB 2770, which would allow employers to disclose—in a reference check, for example—whether they would rehire a current or former employee.  Moreover, employers acting without malice could reveal whether a decision not to retain or rehire someone is because that individual engaged in sexual harassment.

  • AB 3109, which would void any contractual provision that purports to waive “a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract.” 

The wave of legislation in California and elsewhere shows that there has been no slowing down in state and local deliberative bodies to address the issue, even with legislative activity at the federal level (reported on here). 

HR Policy's State and Local Activities Committee will conduct a conference call on sexual harassment legislation at the state and local levels on Tuesday, June 19 from 12 noon to 1 pm ET.  Members can register for the conference call here.

Read the full State of the States Report.