California's Post-#MeToo Protections Are the Strongest in the Nation
California responded to the #MeToo movement, which began in this city's own entertainment industry, with a wave of laws that put real power in survivors' hands.
SB 1300 lowered the bar for proving harassment. Under Government Code section 12923, a single severe incident can be enough to create a hostile work environment, you do not need to show your work performance declined, and courts are directed to let juries, not early motions, decide these cases.
The Silenced No More Act protects your voice. California's Silenced No More Act (SB 331, building on the earlier STAND Act, SB 820) sharply restricts secrecy: employers generally cannot use severance agreements or settlements to gag you from speaking about unlawful harassment, and settlements can no longer conceal the underlying facts of sexual harassment claims the way they once did.
Forced arbitration no longer traps sexual harassment claims. Under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, you can generally choose court over private arbitration for sexual harassment disputes, even if you signed an arbitration agreement when hired.
Every employer is covered, and harassers are personally liable. The FEHA's harassment ban applies to employers of any size, protects employees, applicants, contractors, interns, and volunteers, and allows you to sue the individual harasser personally as well as the company.
Employers are strictly liable for supervisors. If the harasser supervises you, your employer is automatically responsible under California law. No "we didn't know" defense.
Training is mandatory. California requires employers with five or more employees to provide sexual harassment prevention training. An employer that skipped it will have a hard time claiming it took harassment seriously.
You generally have three years to file. California law generally gives you three years from the most recent incident to file a complaint with the California Civil Rights Department (CRD, formerly DFEH), the gateway to a FEHA lawsuit, and typically one year to sue after receiving a right-to-sue notice. Some deadlines are shorter, especially for public employees or federal claims, so deadlines vary: talk to a lawyer before assuming you have time or that you are too late.