January 1 to change the laws about harassment at work

Four of the law against sexual harassment in the workplace will come into force from the beginning of the new year. The Governor of California Jerry brown has signed laws that support the rights of claimants in court cases regarding sexual harassment and will increase requirements for training of employers. These laws were adopted under the influence of the movement #MeToo, which has long gone beyond politics and the entertainment industry.

That’s what laws will help to regulate relationships between superiors and subordinates in the workplace:

The law on prevention of harassment

Now, to be able to start a court case, the harassment must be «severe or prolonged». The new law will expand the legal provisions. Each court will have a concrete guide on how to apply these standards consistently and fairly. Even one case of abusive behavior will be enough to go to court. The law also prohibits the signing of the agreement, according to which the employee has no right to tell about harassment in the workplace.

The law on the abolition of secret agreements

In cases of sexual harassment, assault or discrimination, secret «peace» agreements when the plaintiff and the defendant reach an agreement behind closed doors and the facts of the case were not disclosed — will be banned. Under the new law, this is unacceptable, because the perpetrators must be brought to justice.

The law on the extension of the concepts of sexual harassment

To prove the fact of sexual harassment, now has to confirm that between the victim and perpetrator, there are working relationship. The law will allow to invoke the responsibility of a colleague or employer, even if formal working relationship was not, however, the defendant had the opportunity and resources to in any way affect the career or professional activity of the plaintiff.

The victim also will not need to prove that they cannot «easily terminate» the relationship with the defendant.

The law on the protection of workers, carrying out home care

The majority of those providing these services are employees with low wages that are particularly vulnerable to harassment and discrimination. The new law requires that the Ministry of social services has developed a special policy to protect them from harassment.

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