California Department of Fair Employment and Housing Releases New Workplace Harassment Guide For Employers


In May, the California Department of Fair Employment and Housing (DFEH) released a Workplace Harassment Guide. The new step-by-step guide, available here, provides employers with specific recommended practices to prevent harassment in the workplace, to respond employee complaints of harassment, and to conduct a fair investigation of the employee’s complaint. Prepared by DFEH’s California Sexual Harassment Task Force, this guide gives employers helpful, practical guidance and steps to comply with employers’ legal obligations to prevent and address workplace harassment.

Patterson v. Domino’s Pizza, LLC: Franchisor Not Liable As An “Employer” For Sexual Harassment By Franchisee Employee


by Sayema Hameed

Is a franchisor liable for the wrongful acts of a franchisee employee?  The short answer is, “It depends.”  The longer answer involves an analysis of whether the franchisor demonstrates the characteristics of an “employer” under California law.

In a recent case, Patterson v. Domino’s Pizza, LLC (Cal. Sup. Ct. Case No. S204543, filed August 28, 2014), the California Supreme Court held that a franchisor, Domino’s Pizza, LLC, did not satisfy the criteria to be deemed an “employer” and was, therefore, not vicariously liable for alleged sexual harassment by a franchisee employee (a male supervisor) against another franchisee employee (a female subordinate employee).

Specifically, the franchisor here was not involved in the day-to-day decisions involving hiring, supervision, and discipline of the employees, and nothing in the franchise agreement contractually required or allowed the franchisor to make or control such employment decisions.

California Governor Brown Signs SB 292 To Amend FEHA: Sexual Desire Not Necessary To Prove Sexual Harassment


by Sayema Hameed

On Monday, August 12, 2013, Governor Jerry Brown signed into law Senate Bill 292, which amends the Fair Employment and Housing Act (“FEHA”), Government Code Section 12940, to state as follows:

Sexually harassing conduct need not be motivated by sexual desire.

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Photo Credit: Pixabay

This amendment, authored by California Senate Majority Leader Ellen M. Corbett (D-East Bay), is aimed at protecting the rights of individuals who are sexually harassed in the workplace and was proposed in direct response to the Court of Appeal’s decision in Kelley v. Conco Companies (2011) 196 Cal.App.4th 191.