SB 1300 Summary

• Expands employer liability for harassment by nonemployees in the workplace to cover all types of harassment prohibited under California Fair Employment and Housing Act (FEHA), not just sexual harassment.

• Prohibits employers from requiring employees to sign releases of FEHA claims or nondisparagement agreements that deny employees the right to disclose information about unlawful workplace acts, including sexual harassment, in exchange for raises, bonuses, or as a condition of employment; violating agreements are unenforceable.

• Establishes legislative intent clarifying that a single incident of harassment can create a hostile work environment, harassment cases are rarely appropriate for summary judgment, and that discriminatory remarks may be relevant evidence even if made indirectly.

• Allows employers to provide bystander intervention training to employees on recognizing and responding to problematic behaviors in the workplace.

• Limits prevailing defendants' ability to recover attorney's fees and costs in civil FEHA actions unless the court finds the plaintiff's action was frivolous, unreasonable, or groundless when brought or continued after it clearly became so.