In Kelley v. The Conco Cos., 196 Cal. App. 4th 191 (Cal. Ct. App. 2011), a male ironworker brought suit against his former coworker and company where he was repeatedly barraged with sexually laden, crude, and offensive language by the coworker. The First District Court of Appeal found that such conduct did not constitute sexual harassment because it was not an expression of actual desire or intent, and the remarks were not motivated by the plaintiff’s sexual orientation because the plaintiff was a heterosexual. In response, the California Legislature introduced SB 292 that allows an employee who claims sexual harassment to prevail on his or her claim without having to show that such harassment was motivated by the harasser’s sexual desire, thus overruling the decision in Kelley.
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Sexual harassment definition expanded
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