Sponsored by Fox Networks Group and The Miller Institute for Global Challenges and the Law
Berkeley School of Law
Warren Room, 295 Boalt Hall
Tuesday, May 15, 2018
Listen to Catharine MacKinnon’s May 15th keynote presentation at The Globalization of the #MeToo Movement Conference at Berkeley Law:
Sexual harassment is a global problem. It is increasingly affecting the well-being of private and public employees and employers in North America, Europe, Australia and Asia.
What should California lawyers, managers and HR professionals know about the globalization of the sexual harassment crises? On May 15, 2018, legal scholars and legal practitioner experts from Europe, Asia, Australia and North America will gather at Berkeley Law to explore this important topic with California lawyers, managers and HR professionals.
Program topics will include:
- A keynote address from Professor Catharine MacKinnon, the pioneer of sexual harassment law;
- Presentation by Professor Kimberlé Crenshaw, a pioneer of critical race theory and Professor of Law at Columbia Law School and UCLA;
- A Critical Look at the Current State of the Law, with reports from Australia, China, the EU, India, and the US;
- New developments in anti-harassment workplace policies, training, and investigations;
- A discussion of Social Media & Due Process in the US, France and India;
- A discussion on protecting vulnerable workers, addressing issues of intersectionality;
- A presentation on innovations in legislation in New York, California, France, Australia and India; and
- A round-table on strategies for change with elected officials.
WHO SHOULD APPLY:
Business and organizational leaders and attorneys (this course has been approved for 6.75 hours of MCLE credit, which includes 1 hour of elimination of bias credit) who want to learn how sexual harassment may be impacting their organizations and the latest strategies for creating a safe and inclusive work environment.
Tuesday, May 15, 2018
|8:30 am||Registration and continental breakfast|
|9:15 am||Panel 1: A Critical Look at the Current State of the Law Globally
Australia (Natasha DeSilva), China (Lining Zhang), France (Marie Mercat-Bruns), India (Shreya Atrey), Italy (Costanza Hermanin) and the US. (Jessica Clarke). Thirty minutes of Q & A.
Chair: David Oppenheimer
|10:30 am||Panel 2: A Critical Look at Anti-Harassment Workplace Policies, Training, and Investigations.
Chair: Ann Noel
|12:00 pm||Panel 3: Social Media & Due Process: Four brief presentations (7 – 10 minutes each), followed by small group discussions over lunch (45 minutes)
Chair: Nancy Leong
|1:30 pm||Keynote Presentation on Global Sexual Harassment
Keynote Speaker, Catharine MacKinnon, Professor of Law, University of Michigan and Harvard Law School
|2:30 pm||Panel 4: Protecting Vulnerable Workers, Addressing Issues of Intersectionality
Chair: Karen O’Connell
|3:45 pm||Panel 5: Strategies for Change:
A conversation with Noreen Farrell interviewing California legislators and international activists on strategies for change:
Chair: Noreen Farrell
|4:45 pm||Group Discussion: What have we learned? What should we do next?|
|5:30 pm||Adjournment & Reception|
Stephen F. Anderson, President, Anderson-davis, Inc. (Est. 1980), has over 46 years of experience in designing and delivering live training programs on diversity, managing investigations and the healing process, sexual and gender-based harassment and discrimination, to over 140,000 global employees. Since 1987, Stephen has written and produced video-based and online harassment prevention courses and training materials used to train over 4,000,000.
Mr. Anderson’s sexual harassment training methods have been featured on 20/20, News Station (Japan), Good Morning America and Oprah. In 2005, the California Fair Employment and Housing Commission appointed Stephen to its Blue Ribbon Advisory Committee to review and draft language for California’s Harassment Training and Education regulations.
Shreya joined the University of Bristol Law School as a Lecturer in 2017. She teaches on the Constitutional Rights, Public Law, and European Union Law courses. Her research is on discrimination law, human rights, feminist theory, and disability law. Shreya is currently working on her monograph titled Intersectional Discrimination. Her most recent work on sexual violence and harassment shows how post-colonial, intersectional and third world feminisms may be ignored in the accounts of both marginalisation and progress of the women’s movement. (‘Women’s Human Rights: From Progress to Transformation – An Intersectional Response to Nussbaum’) [Human Rights Quarterly, forthcoming Nov 2018]. Before joining Bristol, Shreya was a Max Weber Fellow at the European University Institute, Florence, Italy in 2016-17 and a Hauser Global Fellow at the NYU School of Law, New York, USA in 2015-16. She completed her BCL with distinction and DPhil in Law on the Rhodes Scholarship from Magdalen College, University of Oxford. At Oxford, she served as the Chairperson of the Oxford Pro Bono Publico from 2013-14 and is currently an associate member of the Oxford Human Rights Hub.
Jessica Clarke teaches employment discrimination, constitutional law, and civil procedure at the University of Minnesota Law School, where she is an Associate Professor, Institute of Advanced Study Fellow, and Vance Opperman Research Scholar. Her scholarship is focused on race, gender, and sexual orientation equality. Her work has received the Dukeminier Award for the best legal scholarship on sexual orientation and gender identity and has been selected for the Harvard/Stanford/Yale Junior Faculty Forum. She is currently working on an article on non-binary gender, forthcoming in the Harvard Law Review, and an article about the normalization of explicit racism and sexism, forthcoming in the Northwestern University Law Review. After graduating from Yale Law School, Clarke clerked for Shira Scheindlin of the U.S. District Court for the Southern District of New York and Rosemary Pooler of the U.S. Court of Appeals for the Second Circuit. She also worked as an associate in the New York office of Covington & Burling LLP, and spent two years teaching at Columbia Law School as an Associate-in-Law. In the fall of 2016, she was the Walter V. Schaefer Visiting Professor at the University of Chicago Law School.
Kimberlé Crenshaw, Professor of Law at UCLA and Columbia Law School, is a leading authority in the area of Civil Rights, Black feminist legal theory, and race, racism and the law. Her work has been foundational in two fields of study that have come to be known by terms that she coined: Critical Race Theory and Intersectionality. Crenshaw’s articles have appeared in the Harvard Law Review, National Black Law Journal, Stanford Law Review and Southern California Law Review. She is the founding coordinator of the Critical Race Theory Workshop, and the co-editor of the volume, Critical Race Theory: Key Documents That Shaped the Movement. Crenshaw has lectured widely on race matters, addressing audiences across the country as well as in Europe, India, Africa and South America.
A specialist on race and gender equality, she has facilitated workshops for human rights activists in Brazil and in India, and for constitutional court judges in South Africa. Her groundbreaking work on “Intersectionality” has traveled globally and was influential in the drafting of the equality clause in the South African Constitution. Crenshaw authored the background paper on Race and Gender Discrimination for the United Nation’s World Conference on Racism, served as the Rapporteur for the conference’s Expert Group on Gender and Race Discrimination, and coordinated NGO efforts to ensure the inclusion of gender in the WCAR Conference Declaration. She is a leading voice in calling for a gender-inclusive approach to racial justice interventions, having spearheaded the Why We Can’t Wait Campaign and co-authored Black Girls Matter: Pushed Out, Overpoliced and Underprotected, and Say Her Name: Resisting Police Brutality Against Black Women.
A founding member of the Women’s Media Initiative, Crenshaw writes for Ms. Magazine, the Nation and other print media, and has appeared as a regular commentator on “The Tavis Smiley Show,” NPR, and MSNBC. Recently, Crenshaw gave a TedTalk on intersectionality and state violence against Black women and Girls. Entitled “The Urgency of Intersectionality,” her talk currently has well over half a million views.
In 2016, Crenshaw received an honorary doctorate degree from John Jay College of Criminal Justice for her gender and racial justice advocacy work. She was also named the 2016 Fellows Outstanding Scholar by the American Bar Foundation. In 2015, Crenshaw was featured in the Ebony Power 100, a list honoring the contemporary heroes of the black community, and was #1 on Ms. Magazine’s list of Feminist Heroes of 2015. She was also honored in March as one of Harvard Law School’s “Women Inspiring Change,” and the same month she was recognized by Diverse: Issues in Higher Education as one of the “Top 25 Women in Higher Education.” Twice awarded Professor of the Year at UCLA Law School, Crenshaw received the Lucy Terry Prince Unsung Heroine Award presented by the Lawyers’ Committee on Civil Rights Under Law, and the ACLU Ira Glasser Racial Justice Fellowship from 2005-07. Crenshaw has received the Fulbright Distinguished Chair for Latin America, the Alphonse Fletcher Fellowship, and was a Fellow at the Center for Advanced Study in the Behavioral Sciences at Stanford University in 2009 and a Visiting Fellow at the European University Institute in Florence, Italy in 2010. Currently, Crenshaw is Director of the Center for Intersectionality and Social Policy Studies (CISPS) at Columbia Law School, which she founded in 2011, as well as the Centennial Professor at the LSE Gender Institute 2015-2018.
EDUCATION: J.D. Harvard; L.L.M. University of Wisconsin; B.A. Cornell University
Peter Dunne is a Lecturer in Law at the University of Bristol. His research interests lie in the areas of family law, European law and medical law. Peter’s scholarship has a particular focus on issues relating to gender and sexuality. He has published in leading peer-reviewed journals, and his work has been cited by numerous public bodies. Prior to entering academia, Peter worked as a human rights advocate in the United States and Europe. He retains strong links with civil society.
Lauren B. Edelman is the Agnes Roddy Robb Professor of Law and Professor of Sociology at the University of California, Berkeley. Before joining the Boalt faculty in 1996, she was a member of the sociology and law faculties at the University of Wisconsin, Madison. At UC Berkeley, she served as Director of the Center for the Study of Law and Society from 2004-2009 and as Chair and Associate Dean for Jurisprudence and Social Policy from 2010-2013. Edelman is the winner of a Guggenheim Fellowship, has twice been a fellow at the Center for Advanced Studies in the Behavioral Sciences at Stanford University, and was a fellow at the Rockefeller Center in Bellagio, Italy. She has served as secretary and president of the Law and Society Association, chaired the Sociology of Law section of the American Sociological Association, and was elected to the Sociological Research Association, an honorary society. Edelman’s research addresses the interplay between organizations and their legal environments, focusing on employers’ responses to and constructions of civil rights laws, workers’ mobilization of legal rights, the impact of management practices on law and legal institutions, dispute resolution in organizations, school rights, empirical critical race studies, empirical sociolegal studies, and employer accommodations of disabilities in the workplace. Her publications appear in the American Journal of Sociology, Law & Society Review, Law & Social Inquiry, Law & Policy, Annual Review of Sociology, Annual Review of Law and Social Science and numerous edited volumes. Her recent book is Working Law: Courts, Corporations and Symbolic Civil Rights (University of Chicago Press 2016), winner of the 2017 George R. Terry Book Award from the Academy of Management.
Noreen Farrell is the Executive Director of Equal Rights Advocates (ERA), a national non-profit advancing the rights of women and girls through policy reform, litigation, community education, and movement building. Noreen is a nationally recognized leader and innovator on a variety of gender justice issues. She has represented thousands of women and girls in groundbreaking impact litigation to end sex discrimination in school and the workplace, including before the U.S. Supreme Court. Noreen also leads ERA’s state and national policy reform campaigns to improve the lives of women and girls and their families. At the state level, Noreen co-founded and now chairs a women’s economic security campaign called Stronger California: Securing Economic Opportunities for All Women, working with dozens of state-wide coalitions to drive comprehensive policy reform on workplace conditions, poverty, and child care. As part of this Campaign, ERA has recently introduced a slate of bills which will offer the nation’s strongest protections against workplace harassment and violence, which combines with high impact enforcement efforts combatting harassment in dozens of industries. At the national level, Noreen chairs the national Equal Pay Today Campaign, leading 30+ organizations working in six states and at the federal level to close the gender wage gap and she is a Founding Partner of the Closing the Women Wealth Gap Initiative. Noreen lectures and publishes widely on civil rights and economic justice matters. She’s been featured in dozens of media outlets, including the New York Times, Washington Post, Huffington Post, Fortune, The Information, Cosmopolitan, National Public Radio, PBS NewsHour, MSNBC and other television programs. She has been named one of the Top Women Leaders in Law, Top Labor & Employment Lawyers, Top 100 Women Lawyers in California, and a Top Legal Innovator.
Assemblywoman Lorena Gonzalez Fletcher represents the 80th Assembly District, covering the southern part of San Diego County, including the communities of Chula Vista, National City and the San Diego neighborhoods of City Heights, Barrio Logan, Paradise Hills, San Ysidro and Otay Mesa. This year, Assemblywoman Gonzalez Fletcher has introduced a comprehensive legislative package to address sexual harassment, including AB 3080, prohibiting mandatory arbitration of harassment complaints and non-disclosure agreements; AB 3081, requiring all employees to be trained about their rights and protections regarding sexual harassment and establishing a hotline to report harassment; AB 3082, providing specific protections for in-home support service workers against sexual harassment; and AB 2079, certifying female and male janitors to serve as peer educators to educate fellow janitors about sexual harassment. Previously, Assemblywoman Lorena Gonzalez Fletcher authored legislation establishing workforce protections for workers against sexual assaults and harassment prevalent in the janitorial industry, as well as legislation to create the first workplace bullying training requirement in the nation. Assemblywoman Gonzalez Fletcher is a member of the California State Bar.
Costanza works as special advisor and head of the political secretariat for Italy’s Under-Secretary of State for Justice. She also teaches master students about EU governance and policy at Sciences Po Paris and the College of Europe in Bruges. Previously, she worked for the Open Society Foundations focusing mainly on migration, non-discrimination and ethnic relations, and held positions within the French Ministry of Foreign Affairs, the European Commission, and the World Bank Institute. She got a Fulbright-Schuman scholarship to conduct research at Columbia University and UC Berkeley and completed a PhD in political science on anti-discrimination law in Europe at the European University Institute of Florence.
Costanza is the author of several peer-reviewed articles in English and Italian, has a blog on Huffington-Post Italia, and is among the editors of “Fighting discrimination in Europe”, Routledge, 2012. She is fluent in Italian, English, Spanish and French, is an advanced German speaker and a permanent beginner in Arabic. She is a member of Radicali Italiani and is among the founders of the Italian branch of Women in International Security (WIIS), the Italian NGO RENA, and the Openmigration.org project.”
California Senator Hannah Beth Jackson represents the 19th Senate District, which includes all of Santa Barbara County and western Ventura County. Senator Jackson is a former prosecutor and practicing attorney, educator and small business owner. Senator Jackson, chair of the California Senate Judiciary Committee, has held two hearings at the State Capitol this year to examine the “severe or pervasive” legal standard to establish actionable sexual harassment and changes needed to ensure a harassment-free culture at work. Working with members of the Legislative Women’s Caucus and women’s advocates, she is the author of two bills this legislative session to combat sexual harassment in the workplace. SB 224, which would clarify that investors, elected officials, lobbyists, directors and producers could be liable for sexual harassment under California law, and an omnibus bill, SB 1300, which would provide guidance to the courts about the “severe or pervasive” standard; prohibit non-disclosure agreements or non-disparagement agreements as a condition of employment; require employers to tell all employees how to report harassment and how to contact the state Department of Fair Employment and Housing to file a complaint; and require all employees, not just supervisors and managers, to receive sexual harassment training.
Professor Leong is a Professor of Law at the University of Denver Sturm College of Law, where she teaches courses relating to constitutional law and civil rights. She is the author of over thirty law review articles. Her recent scholarship has appeared or will appear in the California Law Review, Georgetown Law Journal, Harvard Law Review, Northwestern University Law Review, Stanford Law Review, Virginia Law Review, and Yale Law Journal, among many others. Professor Leong is the recipient of numerous awards and honors. She received the University of Denver’s school-wide Distinguished Scholar Award for the 2017-2018 academic year, and her research was selected for presentation at the 2016 Yale/Stanford/Harvard Junior Faculty Forum.
Catharine A. MacKinnon is Elizabeth A. Long Professor of Law at the University of Michigan and James Barr Ames Visiting Professor of Law at Harvard Law School (since 2009). She holds a B.A. from Smith College, a J.D. from Yale Law School, and a Ph.D. in political science from Yale, specializing in equality issues, especially sex equality, under international and domestic (including comparative, constitutional, and criminal) law and in political theory. Professor MacKinnon pioneered the legal claim for sexual harassment and, with Andrea Dworkin, created ordinances recognizing pornography as a civil rights violation and proposed the Swedish model for abolishing prostitution. The Supreme Court of Canada has largely accepted her approaches to equality, pornography, and hate speech, which have been influential internationally as well. Representing Bosnian women survivors of Serbian genocidal sexual atrocities, she won with co-counsel a damage award of $745 million in August 2000 in Kadic v. Karadzic under the Alien Tort Act, the first legal recognition of rape as an act of genocide. Among the schools at which she has taught are Yale, Stanford, Minnesota, Chicago, Osgoode Hall (York University, Canada), Basel (Switzerland), Hebrew University (Jerusalem), and Columbia. She was awarded residential fellowships at the Institute for Advanced Study, Stanford, the Wissenschaftskolleg zu Berlin, and the University of Cambridge, UK. Professor MacKinnon’s thirteen scholarly books include Sexual Harassment of Working Women (1979), Feminism Unmodified (1987), Toward a Feminist Theory of the State (1989), Only Words (1993), Women’s Lives, Men’s Laws (2005), Are Women Human? (2006), the casebook Sex Equality (2001/2007/2016), and Traite, Prostitution, Inegalité (2014). Her latest book, Butterfly Politics (April, 2017), proposes a theory of social change through law by strategic reflection on interventions spanning forty years. She is widely published in scholarly journals, the popular press, and many languages, of which she is competent in three in addition to English. Professor MacKinnon practices law, consults nationally and internationally on legislation, litigation, and activism, and works regularly with the Coalition Against Trafficking in Women (CATW), and The ERA Coalition. Serving as the first Special Gender Adviser to the Prosecutor of the International Criminal Court (The Hague) from 2008 to 2012, she helped implement her concept “gender crime.” In 2014, she was awarded the Ruth Bader Ginsburg Lifetime Achievement Award by the Women’s Section of the American Association of Law Schools, and is an elected member of the American Law Institute (ALI). Empirical studies document that Professor MacKinnon is among the most widely-cited legal scholars in the English language and the most widely-cited woman.
Paula McDonald is Professor of Work and Organisation in the QUT Business School in Brisbane, Australia. Paula led a major, national research project which examined emerging themes in sexual harassment including bystander responses, alternative dispute resolution processes, ‘atypical’ SH and perpetrator tactics. She has worked with the Australian Human Rights Commission on three national surveys of SH and with the Victoria Police on an Independent Review into Sexual Harassment, including Predatory Behaviour, in the organisation. She has actively shaped public and organisational debate on the subject of workplace sexual harassment in Australia and internationally through invited keynotes and industry seminars and through the provision of expert evidence to legal cases and government inquiries, and via extensive engagement with the media. Paula has published over 20 journal articles, book chapters and research reports on sexual harassment and related topics. Prior to an academic career, Paula held clinical and research roles in the Australian health sector. She is a registered psychologist and Senior Fellow of the UK Higher Education Academy.
Marie Mercat-Bruns is an Affiliated Professor at Sciences Po Law School and a tenured Associate Law Professor at the Conservatoire National des Arts et Métiers where she copilots the Gender Program (LISE, CNRS). She holds an LLM from the University of Pennsylvania Law School and a comparative prize-winning PhD on Law and Aging from the University of Paris West Nanterre. She is a member of the scientific board of Presage (Sciences Po Gender program) and was recently appointed in 2017 as the head of a network of French legal experts in discrimination law and fundamental rights (Trans Europe Experts). She is currently working with a sociologist on the narratives of the two plaintiffs in the highly publicized Babyloup and Bougnaoui French and European cases on the wearing of the headscarf at work. In June 2016, she conducted a two-year study for the French Ministry of Justice and the Defender of Rights on discrimination law in France and the Netherlands, co-heading a team of colleagues from the University of Paris-Assas CERSA (CNRS) and the Research Institute CEVIPOF-Sciences Po. In 2015, she was appointed with Professor David Oppenheimer as general reporters of the International Academy of Comparative Law to prepare the Thematic Congress on the “Enforcement and Effectiveness of Antidiscrimination law” in Uruguay (forthcoming Springer 2018). Previously, in 2009, she helped create with students a community based public interest law clinic on discrimination law and street law at Sciences Po Law School which she currently supervises. In 2013, she was appointed as a member of a group of experts to brainstorm, for the former Minister in charge of Senior Citizens Michèle Delaunay, on the fundamental rights of senior citizens in preparation of the law on the “Adjustment of Society to Aging” adopted in 2015. Some of her recent books present a critical view of systemic and multiple discrimination: Discrimination at Work: Comparing European, French, and American Law. Oakland: University of California Press, 2016, free on line at http://dx.doi.org/10.1525/luminos.11; Discriminations en droit du travail : dialogue avec la doctrine américaine Dalloz 2013. Her recent articles on discrimination focus on how to rethink legal incapacity as a form of individual and collective discrimination (« Comment repenser la capacité de la personne majeure vulnérable ? Perspectives transatlantiques au croisement du droit civil et du droit social », Revue de droit du travail 2018, p. 31); antidiscrimination law as a new discipline in France (« Le droit de la non-discrimination : une nouvelle discipline en droit privé ? » Recueil Dalloz, 2017, p. 22); racial harassment (« Racisme au travail : les nouveaux modes de détection et les outils de prévention » Droit social 2017, p. 361) ; systemic discrimination (« L’identification de la discrimination systémique », Revue Droit du Travail, Nov. 2015, p. 672) ; issues of intersectionality in France (« Discriminations multiples et identité au travail au croisement des questions d’égalité et de liberté », Revue Droit du Travail, Jan. 2015, p. 28) ; different grounds of discrimination (« Age and disability differential treatment in France – Contrasting EU and national court’s approaches to the inner limits of anti-discrimination law », International Journal of Discrimination and the law, Nov. 12 2014, (Sage on line) ; and sexual harassment law in employment (« Harcèlement sexuel au travail » in S. Hennette-Vauchez, D. Roman, M. Pichard, La loi et le genre CNRS 2014, p. 201-218)
Senator Bill Monning, California’s Senate Majority Leader, represents the 17th Senate District, which includes all of San Luis Obispo and Santa Cruz counties, and portions of Monterey and Santa Clara counties. In 2014, Senator Monning authored SB 1087, and in 2017, SB 295, which amended California’s Farm Labor Contractor Act to mandate sexual harassment training for licensees and their supervisors, as well as requiring all non-supervisorial employees, including agricultural employees, to be trained in identifying, preventing, documenting, and reporting sexual harassment in the workplace. The legislation allows the state Labor Commissioner to take adverse license action against sexual predators and increases surety bond requirements in order to protect farm workers from wage theft. Senator Monning is a member of the California State Bar.
Ann M. Noel, Esq. is the founder of Noel Workplace Consulting, specializing in legal advice and training on California and federal employment law compliance, especially sexual harassment prevention, disability and leave laws. Through the end of 2012, Ms. Noel was the California Fair Employment and Housing Commission’s executive officer, crafting California’s regulations on mandatory sexual harassment training, disability and pregnancy discrimination, and its chief administrative law judge, adjudicating hundreds of employment and housing cases, including sexual harassment cases. Ms. Noel has written extensively about employment and housing discrimination law, writing and editing practice guides on fair employment, fair housing, the Violence Against Women Act, and hate crimes. She frequently lectures and trains about effective anti- harassment training and investigations, and disability and leave laws.
Dr. Karen O’Connell is a Senior Lecturer in law at the University of Technology Sydney and a socio-legal researcher with expertise in discrimination and equality laws. She is currently researching sexual harassment as an ‘environmental’ harm, revisiting the idea of gender hostile environments in light of emerging bio-scientific knowledge about the impact of inequality, in order to develop new proposals for law reform. Dr O’Connell was formerly employed in senior roles at the Australian Human Rights Commission (AHRC), where she worked on national human rights inquiries and wrote federal guidelines, including on sexual harassment. With Professor Isabel Karpin (UTS), she is currently finalizing a large Australia Research Council Discovery project on ‘The Legal Regulation of Behaviour as a Disability’. As well as her significant experience on large professional, post-doctoral and academic research projects, Dr. O’Connell has consulted on social justice projects for gender, disability and human rights organizations.
David B. Oppenheimer is Clinical Professor of Law, Faculty Director of the Berkeley Comparative Equality & Anti-Discrimination Law Study Group, and (Co-) Faculty Director of the Pro Bono Program at Berkeley Law, where he teaches Civil Procedure, Evidence, and Comparative Equality & Anti-Discrimination Law. Professor Oppenheimer graduated from the University Without Walls (Berkeley) and Harvard Law School. He clerked for California Chief Justice Rose Bird, and thereafter worked as a staff attorney for the California Department of Fair Employment and Housing, and as Director of the Boalt Hall Employment Discrimination Clinic, before entering full time teaching. He is a co-author of Comparative Equality & Anti-Discrimination Law: Cases, Codes, Constitutions & Commentary (Foundation Press 2012, Second Edition 2017 Comparative Equality Press) (co-authored with Sheila Foster, Sora Han and Richard Ford), the first U.S. textbook on comparative anti-discrimination law. His co-authored book, Whitewashing Race: The Myth of a Color-Blind Society (with M. Brown, M. Carnoy, E. Currie, T. Duster, M. Schulz & D. Wellman) (University of California Press 2003) won the 2004 Benjamin L. Hooks outstanding book award. Other recent books include an edited volume on the importance of dissenting opinions in the jurisprudence of the California Supreme Court, and teaching materials for Civil Procedure and Trial Advocacy. Professor Oppenheimer has presented scholarly papers on discrimination law and on legal education at numerous universities, including Berkeley, Harvard, Yale, Stanford, Columbia, UCLA, Duke, Oxford, Sciences-Po Paris, Heidelberg, the European University Institute (Florence), Kings College London, the Free University of Brussels, Humboldt University Berlin, the University of Valencia, Bucerius Law (Hamburg), the University of Lyon and the University of Paris (I and X), and at the Indian Law Institute and the annual meetings of the Association of American Law Schools and the American Political Science Association. Professor Oppenheimer has published articles on discrimination law and on legal education in the Pennsylvania Law Review, the Cornell Law Review, the Journal of Legal Education, the American Bar Association Journal, the Columbia Journal of Human Rights Law, the Berkeley Women’s Law Journal, the Berkeley Journal of Employment and Labor Law, the European Anti-Discrimination Law Journal, Droit et Cultures, Revue de Droit Travail, and many others, and was a contributor to MacKinnon and Siegel’s Directions in Sexual Harassment Law (Yale University Press 2003), Friedman’s Employment Discrimination Stories (Foundation Press 2006), and Mercat-Bruns’ Discriminations en droit du travail (Dalloz 2013, UC Press 2016). He is an active member of the American Law Institute. For more information on the Berkeley Study Group and Professor Oppenheimer’s work on comparative anti-discrimination law, see https://www.law.berkeley.edu/research/berkeley-comparative-equality-anti-discrimination-law-study-group/ and www.comparativeequality.org
Christopher E. Platten is a shareholder in Wylie, McBride, Platten & Renner a union side labor and employment law firm. The firm is counsel to dozens of public sector and private labor organizations. His practice focuses on labor law, wrongful termination, wage and hour enforcement and employment discrimination. He anchors the law firm’s public sector labor organization practice. Since 1975 he has engaged in collective bargaining on behalf of private and public sector labor organizations, including multi-union and multi-employer units covering up to 55,000 employees. In addition to collective bargaining, he has prosecuted grievance arbitrations, interest arbitrations, administrative hearings, jury trials and writ actions on behalf of his clients. He has argued a wide range of labor and employment cases, many published, before the United States Court of Appeals for the Ninth Circuit, the California Supreme Court and appellate courts in California and New Mexico. He is a co-editor of California Public Sector Employment Law (Lexis-Nexis, 2011) and has authored articles regarding public sector labor law. He speaks frequently before law conferences, labor unions and professional labor relations organizations. In 2013, he was named by the Daily Journal as one of the top 75 labor lawyers in California.
Evelyn Rangel Medina attained her Juris Doctor degree from the University of California, Berkeley School of Law (Boalt Hall), where she was awarded a Phoenix Fellowship, an American Jurisprudence Award, the Francine Diaz Social Justice Memorial Award, and was named a U.C. Berkeley Presidential Public Interest Law Fellow. She graduated from the University of Nevada, Las Vegas magna cum laude with three Bachelor of Arts degrees in Literature, Women’s Studies and Political Science: Public Policy & International Relations. She also attained an Associates of Arts degree in English with high honors from the Community College of Southern Nevada. Evelyn is an experienced social justice advocate, public interest lawyer, public policy analyst, and campaign director who has worked with a broad range of organizations and movements to advance lasting social change. She is currently the Executive Director of the Restaurant Opportunities Centers of California at ROC-United, where she manages two worker centers that advocate on behalf of California’s 1.5 million restaurant workers to advocate for higher labor standards and dignified working conditions. During law school, she Clerked for the Honorable Charles B. Day of the U.S. Federal District Court of Maryland, was a Law Clerk for the Contra Costa County Office of the Public Defender, and a Human Rights Law Fellow for the Restaurant Opportunities Centers (ROC-United). She also volunteered with the Deferred Action for Childhood Arrivals Clinic, led the Coalition for Diversity & Inclusion, served on the Women of Color Collective and the La Raza Law Students Association boards, and interned with the International Human Rights Clinic. Before law school, Evelyn co-founded Sage Consulting, a social change and capacity building firm. She also served as Policy Director for the Ella Baker Center for Human Rights, Sustainable Development Fellow for the Greenlining Institute, and Co-Founder & President for the United Coalition for Immigrant Rights.
Christina (Tina) Ro-Connolly is a senior associate attorney with the Law Offices of Amy Oppenheimer. Tina has over a decade of labor and employment law experience in the public sector, advising on legal matters for a workforce of approximately 9,000 employees. Such legal matters included employee discipline, employee complaints, discrimination complaints, wage and hour complaints, alleged labor violations, and labor negotiations. Tina has also handled numerous mediations and administrative hearings, the latter of which included contractual arbitrations, civil service appeals, and hearings before the Public Employment Relations Board. In addition, Tina conducted sexual harassment prevention trainings and workplace investigation trainings. Tina received her Juris Doctor from Loyola Law School, where she served on the Entertainment Law Review and was on the Dean’s List, and received her Bachelor of Arts from the University of California, San Diego.
Natasha de Silva is Senior Policy Executive – Partnerships and International Engagement at the Australian Human Rights Commission (the Commission), responsible for national human rights policy projects, including the “Change the Course: National Report on Sexual Assault and Sexual Harassment at Australian Universities” project released in August 2017.
Natasha is also responsible for the management of human rights programs in China, Laos and Sri Lanka as well as engagement on human rights in the region more generally.
Natasha specializes in gender equality and violence against women, the international human rights system and the role of national human rights institutions and mechanisms.
As the Director of the NSW Office for Women (Women NSW) for 12 months from 2016-2017, Natasha led the NSW Government response to domestic and family violence under the NSW Blueprint for Reform.
From 2011-2014 was seconded to the Commission’s Review into the Treatment of Women in the Australian Defence Force as Executive Officer. The Review was a wide-ranging examination of systemic barrier to women’s participation in senior leadership roles in the ADF as well as incidence of sex discrimination and sexual abuse.
Natasha has degrees in Arts and Commerce in international development and economics and a Masters degree in Global Law from the University of Sydney.
Rita Tuzon is responsible for all business and legal affairs and human resources for Fox Network Group’s domestic and global businesses. Several business operations units also report to Ms. Tuzon. The FNG portfolio includes the entertainment brands, networks and studios of FOX Television and FX; nearly 30 Fox Sports regional and national networks; the non-fiction National Geographic Channels and businesses; and such varied properties as FOXNext (gaming), Truex (digital ad products), digital content and distribution, video-on-demand, and other content services. Ms. Tuzon was part of the founding team and currently serves on the board of sports network BTN (formerly Big Ten Network), a joint venture with the Big Ten Conference. Ms. Tuzon was a litigation partner at the entertainment and commercial law firm of Hill Wynne Troop and Meisinger before heading to Fox as Senior Vice President of litigation. She joined the television business as its general counsel in 2004. In her current role, Ms. Tuzon is primarily responsible for FNG’s policy positions on matters of gender equity, sexual harassment and misconduct. Ms. Tuzon graduated from Stanford University with a bachelor’s degree in human biology and earned her law degree from UC Berkeley’s Boalt School of Law. She is on the Executive Board of the Legal Aid Foundation of Los Angeles and serves as a mentor for women in entertainment, girls in sports and at-risk college bound youth. She serves on the boards of several women’s, sports and education-related organizations.
Lining Zhang is a Chinese advocate for public interest law, especially gender equality law and grassroots movement. She has been participating in the movements for anti-domestic violence legislation, sexual harassment law and other issues concerning gender equality. She held a JD and master in Chinese law in Peking University, as well as a LLM in Harvard. She worked to establish clinical programs and experiential teaching programs in PKU law school before she went to Sydney for a PhD on sexual harassment experienced by vulnerable female migrant workers. It is an ongoing project.
Sexual Harassment in the United States:
Susan Chira, The New York Times, 2/24/18, “Why #MeToo Took Off: Sheer Number Who Can Say, ‘Me, Too”
Maureen O’Dowd, The New York Times, 10/22/17, “She’s 26, and Brought Down Uber’s C.E.O. What’s Next?”
Susan Fowler, Blog, 2/19/17, “Reflecting on One Very Strange Year at Uber”
Jugal K. Patel, Troy Griggs & Claire Cain Miller, The New York Times, 12/28/17, “We Asked 615 Men About How They Conduct Themselves at Work”
Melody Gutierrez, San Francisco Chronicle, 10/22/17, “Women in California Capitol Describe Sexual Harassment”
Sexual Harassment In the Academy: A Crowdsource Survey. By Dr. Karen Kelsky, of The Professor Is In
Sexual Harassment in Asia and Australia:
“A Look at #Me Too Around the Globe,” from the Australian HR Institute, featuring China and India
Assorted Authors, A China File Conversation, The China File, 3/20/18m “What Is the Significance of China’s #MeToo Movement?”
Dr. Karen O’Connell, “Sexual Harassment Laws in Australia: An Overview”
McDonald, P. (2016). “Why is sexual harassment in the Australian Federal Police systemic? And can the culture be changed?” The Conversation, 25 August.
McDonald, P. (2015). “Report reveals entrenched nature of sexual harassment in Victoria Police.” The Conversation, November.
“#MeToo Goes Global,” The New York Times, May 2, 2018
“After #MeToo Success, Chinese Rights Activists Urge Lawmakers to Join the Fight Against Sexual Harassment,” The South China Morning Post, March 8, 2018
“China’s #MeToo Movement Started on College Campuses. It May End There,” The Los Angeles Times, February 7, 2018
“#MeToo with Chinese Characteristics,“ The Atlantic, February 5, 2018
“China’s #MeToo Moment,“ The New Yorker, February 1, 2018
“China Is Attempting To Muzzle #MeToo,” NPR, February 1, 2018
“‘Me Too,’ Chinese Women Say. Not So Fast, Say the Censors,” The New York Times, January 23, 2018
“Chinese University Instructors Sign Anti-Sexual Harassment Manifesto,” SupChina, January 22, 2018
“Beijing Professor Dismissed as Sexual Harassment Allegations Spark Campus Activism,” Reuters, January 12, 2018
“China’s Women Break Silence on Harassment as #MeToo Becomes #WoYeShi,” The Guardian, January 7, 2018
“The Campus Harassment Case That Broke the Chinese Internet,” Sixth Tone, December 29, 2017
Sexual Harassment in Europe:
The European Commission’s European network of legal experts in gender equality and non-discrimination has produced a thematic report on harassment related to sex and sexual harassment in 2011: http://ec.europa.eu/justice/gender-equality/files/your_rights/final_harassement_en.pdf
“Asia Argento: I’ve been called a whore for my part in the #MeToo campaign. It won’t stop me.“ The Guardian, April 20, 2018
Marie Mercat-Bruns, “Sexual Harassment Law in France”
Mercat-Bruns, M. (2016). Free ebook with a part on sexual harassment in France and comparative observations. Discrimination at Work: Comparing European, French, and American Law. Oakland: University of California Press. http://dx.doi.org/10.1525/luminos.11
Marie Mercat-Bruns, La Loi & Le Genre: Études critiques de droit français, “Harcèlement sexuel au travail en France: entre rupture et continuité”
Amy Oppenheimer and Alezah Trigueros, California Labor & Employment Law Review, Volume 32, No. 2, “Guidelines for Responding to Sexual Harassment in the Workplace: An Update”
Amy Oppenheimer’s presentation before the State Joint Committee on Rules: Subcommittee on Sexual Harassment Prevention and Response. If video does not play, please visit The California Channel and search for the presentation date (March 6, 2018) or the keywords: “investigation and response to sexual harassment allegations.” The agenda can be downloaded here.
Stephen Anderson, “Effective Anti-Harassment Training Techniques”
Rhana Natour, PBS News Hour, 1/8/18, “Does Sexual Harassment Training Work?”
Claire Cain Miller, New York Times, 12/11/17: “Sexual Harassment Training Doesn’t Work, But Some Things Do”
Jena McGregor, The Washington Post, 11/17/17: “Why Sexual Harassment Training Doesn’t Stop Harassment”
Jena McGregor, The Washington Post, 10/26/17: “Nearly 80 Percent of Board Members Haven’t Discussed Recent Sexual Harassment News, Survey Says”
Shereen G. Bingham, Lisa L. Scherer, Sage Journals, 6/1/01, “The Unexpected Effects of a Sexual Harassment Educational Program”
Jena McGregor, The Washington Post, 8/3/17, “This Tech Entrepreneur Has a Novel Policy to Deter Sexual Harassment”
McDonald, P. (2018). “Banning workplace romances won’t solve the problem of sexual misconduct in the office.” The Conversation, Feb 16.
Yoree Koh & Rachel Feintzeig, Wall Street Journal, 2/16/18: “Can You Still Date a Co-Worker? Well, It’s Complicated”
Elise Viebeck & Jenna Portnoy, Washington Post, 2/6/18: “House prohibits sexual relationships between lawmakers and their staffers”
EEOC Co-Chair Report, Chair R. Feldblum & Victoria A. Lipnic, June 2016, “Select Task Force on the Study of Harassment in the Workplace,” including sexual harassment training and its effectiveness
Maya Rhodan, Time, 11/21/17, “Does Sexual Harassment Training Work? Here’s What the Research Shows”
Madison Pauly, Mother Jones, 1/1/17, “There’s Little Evidence That Sexual Harassment Trainings Work”
Elizabeth Chika Tippett, Berkeley Journal on Employment and Labor Law, 12/7/17: “Harassment Trainings: A Content Analysis”
Saturday Night Live, Weekend Update: “Claire from HR,” aired 11/11/17. “Claire from HR” quizzes SNL news anchor Colin Jost on his understanding of anti-harassment policies
Moira Donegan, I Started the Media Men List: My Name is Moira Donegan (Thecut.com, Jan 10, 2018)
Constance Grady, The “Shitty Media Men” List Explained (Vox.com, Jan 11, 2018)
Katie Roiphe, The Other Whisper Network: How Twitter Feminism is Bad for Women (Harper’s Magazine, Feb. 24, 2018)
Jena McGregor, Fear and Panic in the HR Department as Sexual Harassment Allegations Multiply (The Washington Post, Nov. 30, 2017)
Dinah Brin, Social Media is a Major Consideration in Wave of Sexual Harassment Allegations Society for Human Resource Management (Dec. 11, 2017)
Nellie Bowles, A Reckoning on Sexual Misconduct? Absolutely. But How Harsh, Women Ask (Dec 5, 2017 New York Times)
Rhitu Chatterjee, A New Survey Finds 81% of [American] Women Have Experienced Sexual Harassment (National Public Radio, Feb 21, 2018)
Alexander Hurst, French Women Flood Twitter to Name and Shame Sexual Harassers (France 24, Oct. 15, 2017)
Eleanor Beardsley, Instead of #MeToo, French Women Say “Out Your Pig” (National Public Radio Nov. 3, 2017)
James McAuley, France’s “Squeal on your pig” campaign against sexual assault sparks a flurry of backlashes (Washington Post Jan. 10, 2018)
Maria Puente & Cara Kelly, USA Today, 2/20/18: “How common is sexual misconduct in Hollywood?,”: “Working in partnership with The Creative Coalition, Women in Film and Television and the National Sexual Violence Resource Center, USA TODAY surveyed 843 women who work in the entertainment industry in a variety of roles (producers, actors, writers, directors, editors and others) and asked them about their experiences with sexual misconduct. The results are sobering: Nearly all of the women who responded to the survey (94%) say they have experienced some form of harassment or assault, often by an older individual in a position of power over the accuser.” https://usat.ly/2BKmVtw
Jen Fifield, Stateline, The Pew Charitable Trusts, 2/21/18, “Why Statehouse Interns Are Especially Vulnerable to Sexual Harassment,”: “In most states, unpaid interns — in legislatures or other workplaces — aren’t considered to be employees and therefore aren’t protected against workplace sexual harassment under the federal Civil Rights Act. Some legislatures have sexual harassment policies that allow nonemployees to file claims to the legislature of sexual harassment against legislative staff and lawmakers, according to a Stateline review of policies from nearly all states. But only a handful of states specifically mention interns, and even when they do, that doesn’t necessarily give them legal standing for filing a civil lawsuit.” http://bit.ly/2BEWWUm
Joe Davidson, The Washington Post, 2/20/18, ” USDA staffer shocks agency with public admission about sex for promotion.”: “At one point during [a program honoring Black History Month at the Department of Agriculture], which employees said was televised to department facilities across the country, [Rosetta] Davis unexpectedly took the stage and alleged to her colleagues in emotional and specific terms how she was sexually harassed on the job. She described how a supervisor, whom she named, offered to give her a promotion to grade GS-13 in exchange for sex.” http://wapo.st/2EJQ239
Christy Clark, The Conversation, “#MeToo exposes legal failures, but ‘trial by Twitter’ isn’t one of them”
Catharine MacKinnon, The New York Times:: “Sexual harassment laws couldn’t work until society started believing women.”
Ginia Bellafante, The New York Times, 3/19/18, “Before #MeToo, There Was Catharine A. MacKinnon and Her Book ‘Sexual Harassment of Working Women’”
Philip Galanes, The New York Times, 3/17/18, “Table for Three: Catharine MacKinnon and Gretchen Carlson Have a Few Things to Say”
Catharine MacKinnon, Harvard Law & Policy Review, Vol. 10 2016, “Rape Redefined”
Catharine MacKinnon, The Yale Law Journal, 125:2038 2016, “In Their Hands: Restoring Institutional Liability for Sexual Harassment in Education”
Catharine MacKinnon, The Guardian, 12/23/18, “How Litigation Laid the Ground for Accountability After #MeToo”
Catharine MacKinnon, The New York Times, 2/4/18, “#MeToo Has Done What the Law Could Not”
“Rape on the Night Shift,” Frontline, 1/16/18, documentary updating a piece originally aired 6/23/15:
Bernice Yeung, Frontline, 6/23/15, “Rape on the Night Shift: Under Cover of Darkness, Female Janitors Face Rape & Assault”
Bernice Yeung, Frontline, 1/16/18, “Nation’s Largest Janitorial Company Faces New Allegations of Rape”
Helen Chen, Alejandra Domenzain, & Karen Andrews, Labor Occupational Health Program, U.C. Berkeley, 5/2016, “The Perfect Storm: How Supervisors Get Away with Sexually Harassing Workers Who Work Alone at Night,”
Lowell Bergman, Frontline, 6/25/13, “Rape in the Fields”
Bernice Yeung & Grace Rubenstein, Frontline, 6/25/13, “Female Workers Face Rape, Harassment in U.S. Agriculture Industry”
Hannah Mintz, Frontline, 6/25/13, “Why Have There Been So Few Sexual Assault Prosecutions in the Agriculture Industry?”:
Southern Poverty Law Center, Weekend Read 73, “When You Don’t Know the Laws or the Language, It’s a Lot Harder to Say #MeToo”
Tara Duggan, The San Francisco Chronicle, 4/1/18, “Homeroom – Where Servers Draw the Line”
Michael Bauer, The San Francisco Chronicle, 4/1/18, “The Dining Critique in an Age of Scandal”
Esther Mobley, The San Francisco Chronicle, 4/1/18, “A Wine Critic Takes Off the Blinders of Complicity”
Paolo Lucchesi, The San Francisco Chronicle, 4/1/18, “There Are Better Places to Celebrate”
Catrin Einhorn and Rachel Abrams, The New York Times, 3/12/18, “The Tipping Equation”
The Restaurant Opportunities Centers United Forward Together, 10/7/14, “The Glass Floor: Sexual Harassment in the Restaurant Industry”
Food Labor Research Center (UC Berkeley), International Human Rights Law Clinic (UC Berkeley, School of Law), Restaurant Opportunities Centers United, December 2015, “Working Below the Line: How the Subminimum Wage for Tipped Restaurant Workers Violates International Human Rights Standards”
Restaurant Opportunities Centers United, May 2018, “Take Us Off the Menu: The Impact of Sexual Harassment in the Restaurant Industry”
Restaurant Opportunities Centers United, 2/13/18, “BETTER WAGES, BETTER TIPS: Restaurants Flourish with One Fair Wage”
Links from ROC, United’s (Restaurant Opportunities Center) website, http://rocunited.org/news/press/, about sexual harassment in the restaurant industry:
- Rewire: The Tipped Minimum Wage Is Fueling Sexual Harassment in Restaurants
- Reuters: U.S. restaurant workers target low wages in campaign against sexual harassment
- VOX: What I’ve learned covering sexual misconduct this year
- The Atlantic: Low-Wage Workers Aren’t Getting Justice for Sexual Harassment
- Grub Street: What Should We Expect From the Men Who Run Restaurants?
- Indy Star: How low wages for tipped workers may invite sexual harassment
- NPR: Low-Wage Workers Say #MeToo Movement Is A Chance For Change
- Berkelyside: East Bay restaurant industry searches for solutions amid sexual harassment revelations
- People’s World: Labor union women commit to broadening fight against sexual harassment
- Miami Herald: To attack women’s sexual harassment and assault, attack poverty
- Lojon Namadi Show: How Bad Is Sexual Harassment At Local D.C. Restaurants?
- Guardian: You will be sexually harassed’: just one of the perils of working for $2.13 an hour
- Huffington Post: Kitchen Confidential: From George Orwell to Saru Jayaraman
Labor’s Edge: Views from the California Labor Movement, 1/10/18, “Union Women and the #MeToo/#TIMESUP Movement”
Lynne Dodson, The Stand,11/13/17, “#MeToo power shift must be sustained by organized labor”
Jane McAlevey, Salon.com, 1/2/18, “What #MeToo can teach the labor movement”
Will Bunch, The Inquirer, 1/8/18, “Will a woman-powered, #MeToo labor movement save America’s middle class?”
Lane Windham, Working Class Perspectives, 12/4/17, “#MeToo Solidarity”
Susan Chira, The New York Times, 2/8/18, “The Manly Jobs Problem”
Jessica Prois & Carolina Moreno, Huffington Post, 1/02/18, “The MeToo Movement Looks Different for Women of Color”
Jane Coaston, Michelle Garcia, P.R. Lockhart, & German Lopez, Vox, 1/11/18, “Will America ever have a #MeToo-style reckoning for racism?”
Tarana Burke, The Washington Post, 11/9/17, “#MeToo was started for black and brown women and girls. They’re still being ignored.”
Corinne Purtill, Quartz at Work, 12/6/17, “MeToo hijacked black women’s work on race and gender equality”
Gillian B. White, The Atlantic, 11/22/17, “The Glaring Blind Spot of the ‘Me Too’ Movement”
Lulu Garcia Navarro, NPR, 12/3/17, “When Black Women’s Stories Of Sexual Abuse Are Excluded From The National Narrative”
Mary-Frances Winters, The Inclusion Solution, 2/22/18, “Affirming and Unpacking the #MeToo Movement: Gender at the Intersection of Race and Class”
Heron Greenesmith, Huff Post, 10/10/17, “Bisexual Women Say #MeToo: Bisexual women report higher percentages of sexual assault than lesbian and heterosexual women”
Human Rights Campaign, “Sexual Assault and the LGBTQ Community”
Michael Segalov, The Guardian, 3/7/18, “Why hasn’t the gay community had a #MeToo moment?”
Tausif Sansum, The Los Angeles Blade, 11/30/17, “Is the #MeToo movement inclusive of queer voices globally?”
Gabriel Bukobza, Haaretz, 12/7/17, “Why Has the Male Version of #MeToo Failed?”
Kimberlé Crenshaw, TEDWomen2016, 10/16. “The Urgency of Intersectionality”
Karen O’Connell, The Conversation, “Sexual Harassment is too much – and not enough – about sex”
Eva Cox, The Conversation, “#MeToo is not enough: it has yet to shift the power imbalances that would bring about gender equality”
Anastasia Powell & Elise Holland, The Conversation, “Beyond #MeToo: We Need Bystander Action to Prevent Sexual Violence”
Jennifer Beckett & Monica Whitty, The Conversation, “#MeToo Must Also Tackle Online Abuse”
Jeannie Suk Gersen, The New Yorker, 3/30/18, “Trump’s Affairs and the Future of the Nondisclosure Agreement”
Susan Fowler, The New York Times, 4/12/18, “I Wrote the Uber Memo. Here’s How to End Sexual Harassment”
David B. Oppenheimer, Cornell Law Review, 1995, “Exacerbating the Exasperating: Title VII Liability of Employers for Sexual Harassment Committed by Their Supervisors.”
California Legislation to Address Harassment:
Past Legislation Enacted into California Law:
AB 1978 (Gonzalez Fletcher – D-San Diego): “Janitorial Worker Protection Act,” Established workforce protections against sexual assaults and harassment that are pervasive in the janitorial industry, including mandated sexual harassment training for all janitorial employers and their employees. (Status: Chapter 373, Statutes of 2015.) http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1978
SB 1087 (Monning – D-Salinas)- Amends the state Farm Labor Contractor Act to mandate sexual harassment training for licensees and their supervisors, as well as requires all non-supervisorial employees, including agricultural employees, be trained in identifying, preventing, documenting, and reporting sexual harassment in the workplace. It allows the Labor Commissioner to take adverse license action against sexual predators and increases surety bond requirements in order to protect farm workers from wage theft. (Status: Chapter 750, Statutes of 2014) https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB1087
SB 295 (Monning – D-Salinas) Authorizes the state Labor Commissioner to cite Farm Labor Contractors (FLCs) when there is a finding that no or inadequate sexual harassment prevention training has occurred; when no records of training have been provided; when falsified training records are given to farm workers; and/or when there is failure to train workers in a language they understand. The bill also requires FLCs to annually disclose to the Labor Commissioner the training materials being used and to report the total number of farm workers who have been trained in the previous calendar year. (Status: Chapter 424, Statutes of 2017) https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB295
Current, Proposed Legislation:
SB 1300 (Jackson – D-Santa Barbara): An omnibus bill, which would:
- provide guidance to California courts on what is needed to establish that the harassment is either “severe or pervasive;”
- prohibit “sneakly releases” – which discharge employers from sexual harassment liability as a condition of employment, a raise or a bonus;
- prohibit employers from requiring employees from signing “non-disparagement” agreements as a condition of employment;
- require employers to provide information to each employee on how to report harassment and to contact the California Department of Fair Employment and Housing to file a complaint;
- expand mandatory sexual harassment training to cover all employees, not just supervisors and managers and require bystander intervention training; and
- require employers to take reasonable steps to prevent sexual harassment in the workplace, even when the behavior does not rise to the “severe or pervasive” legal standard.
Senator Hannah Beth Jackson’s (author of SB 1300) press release about SB 1300: http://sd19.senate.ca.gov/news/2018-03-13-jackson-introduces-comprehensive-legislation-fight-sexual-harassment-workplace
SB 1300, as introduced:
SB 224 (Jackson – D-Santa Barbara)
Expands the Civil Code list of professional relationships where an individual may be held liable for sexual harassment to include investor, elected official, lobbyist, director, and producer.
An early press release about the bill:
AB 3080 (Gonzalez Fletcher – D-San Diego)
AB 3080 prohibits employers from requiring their new hires to sign mandatory arbitration agreements as a condition of getting the job, continuing in the job, or receiving an employment-related benefit. Employers would be forbidden from retaliating against any employee who declines to sign such an agreement. The bill also includes a “whistleblower” provision prohibiting employees, prospective employees or independent contractors from publicly disclosing any sexual harassment that they endured or witnessed.
AB 3080, as introduced:
AB 3081 (Gonzalez Fletcher – D-San Diego), requires all employers with 25 or more employees to notify these workers of their rights and protections regarding sexual harassment and also offer sexual-harassment training. If an employee is subjected to any negative job action within 90 days of reporting sexual harassment, there would be a presumption of retaliation.
AB 3081, as introduced:
AB 3081 establishes a hotline for any employee seeking guidance after being sexually harassed or witnessing sexual harassment and create a way for workers to file reports anonymously.
AB 3082 (Gonzalez Fletcher – D-San Diego) provides specific protections for in-home support services workers, those who work inside the homes of elderly or disabled clients and provide personal care services. The bill creates a uniform statewide protocol for various public agencies to follow in cases where a worker encounters sexual harassment and creates sexual-harassment training for both workers and clients.
AB 3082, as introduced:
AB 2079 (Gonzalez Fletcher – D-San Diego), the Janitor Survivor Empowerment Act, certifies “promotoras” and “compadres,” or female and male janitors serving as peer educators, to provide direct training on sexual harassment prevention in the workplace to other janitors at worksites throughout the industry.
AB 2079, as introduced:
SB 820 (Leyva – D-Chino) – bans non-disclosure agreements in cases of sexual assault, sexual harassment, and sex discrimination and applies to both private and public employers in California, including the California State Legislature.
SB 820, as introduced:
SB 1038 (Leyva – D, Chino) Imposes personal liability on an employee whose employer is covered by the Fair Employment and Housing Act (5 or more employees, or 1, where the allegation is harassment) for discharging or discriminating against a person who has opposed any practices prohibited by these provisions or has filed a complaint, testified, or assisted in any proceeding for a violation, regardless of whether the employer or covered entity knew or should have known of the conduct.
SB 1038, as introduced:
AB 1870 (Reyes, Friedman, Waldron): Extends the time by which workers may file workplace harassment and discrimination claims from one to three years.
AB 1870, as introduced:
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