Harassing Behavior

The following is a list of some sexual harassing behaviors defined by California statutory law:

1. Sexual favors -- unwanted sexual advances or propositions
2. Verbal conduct -- epithets, slurs or derogatory comments, including comments about a person's body, appearance, or sexual activity
3. Physical conduct -- assault, impeding or blocking movement, or any physical interference with normal work or movement
4. Visual harassment -- leering looks, offensive gestures, or derogatory posters, cartoons, or drawings

*Also includes harassment based on gender, pregnancy, childbirth, or related medical conditions

Indirect Sexual Harassment

An employee may have a claim for sexual harassment even when sexually harassing conduct permeates the work environment of the employee, even if such conduct is not directed at the employee if: (1) it occurs in the employee's presence; or, (2) is directed at the employee but does not occur in his/her presence. (See e.g., Beyda v. City of Los Angeles (1998) 65 Cal.App.4th 511, 518; Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 611; Kortan v. State of California (Central Dist. Cal 1998) 5 F.Supp.2d 843, 850.)

Some Recent Changes in Misc California Law.

1. Employers with 25 of more employees must give "qualified employees" as many as 10days off (unpaid) when their spouse is on leave from military deployment. Effective October 9, 2007.

2. The California minimum wage increased from $7.50 to $8. Effective January 1, 2008.

3. California drivers cannot use cell phones while driving a motor vehicle unless the driver is using a hands-free device. Effective July 1, 2008.