HEARING.
SENATE COMMITTEE ON JUDICIARY
THE SELECT COMMITTEE ON WOMEN
WORK AND FAMILIES.
CO SPONSORED BY THE CALIFORNIA
LEGISLATIVE WOMEN'S CAUCUS.
THE TOPIC TODAY IS JUSTICE FOR
VICTIMS.
RE EXAMINING CALIFORNIA'S LEGAL
STANDARDS FOR SEXUAL HARASSMENT
GOOD MORNING MANAGEMENT VICE
CHAIR OF THE WOMEN'S CAUCUS.
I HAVE WELCOME AND WELCOME TO
ALL OF YOU.
I'M GRATEFUL TO ALL WHO ARE IN
ATTENDANCE FROM THOSE WHO ARE.
JOINING US ONLINE.
THIS IS A JOINT HEARING AS I
MENTIONED. AND.
.
OF THIS IS A TOPIC OF THAT IS
LONG OVERDUE. UP FOR DISCUSSION
I WANT TO EMPHASIZE THAT WE ARE
GOING TO BE TAKING A VERY
SPECIFIC VIEW. A ILLEGAL IF YOU
IN ADDRESSING OUR STATES.
AND NATIONAL FRANKLY LEGAL
STANDARDS FOR SEXUAL HARASSMENT.
A VERY IMPORTANT TOPIC ARGUABLY
FORSOME A A PERHAPS A LITTLE
DRY. BECAUSE WE ARE LOOKING AT A
LEGAL STANDARD AND THAT WILL BE
OUR FOCUS TODAY.
AND I THINK IT'S AN IMPORTANT
ONE BECAUSE ALL EFFORTS TO
ENFORCE.
EMANATE FROM THE LEGAL STANDARD
THAT EXISTS AND WE'RE GOING TO
TAKE A LOOK AT WHAT IT IS.
HOW IT'S APPLIED?
OF WHETHER IT WORKS
A WEATHER AND SOME FEEL IT
DOESN'T WORK WHETHER WE SHOULD
CHANGE THE STANDARD KEEP THE
STANDARD. BUT IT'S IMPORTANT
THAT WE KEEP THE FOCUS ON THIS
ISSUE BECAUSE THIS AGAIN ISA
SORT OF.
FOUNDATIONAL TO THE WHOLE A
TOPIC OF SEXUAL HARASSMENT AND I
COME TO THIS ISSUE I HAVE TO
SAY.
A FROM A LIFETIME OF FIGHTING
FOR WOMEN'S EQUALITY I WON'T
BORE YOU WITH MY EXPERIENCE NOT
BEING ABLE TO PLAY LITTLE
LEAGUE.
BECAUSE I WAS A GIRL IN BACK
THEN GIRLS COULDN'T PLAY LITTLE
LEAGUE.
I CAN SEE MY FORMER COLLEAGUE
FRIEND PAVLEY ROLLING HER EYES
DON'T TELL US THAT STORY AGAIN.
BUT CERTAINLY THE FIGHT FOR
WOMEN'S EQUALITY IS A JUSTIFIED
AND ONE.
THAT WE HAVE BEEN.
ACTIVELY INVOLVED IN FOR
GENERATIONS AND GENERATIONS BUT
I BELIEVE OUR TIME HAS COME.
WE NEED TO ELIMINATE INEQUALITY
AND WE CERTAINLY NEED TO
ELIMINATE SEXUAL HARASSMENT. IT
HAS HAD A TERRIBLE IMPACT ON OUR
SOCIETY. IT IS A HORRIFIC
SITUATION AND IT CAN BE LIFE
ALTERING FOR ITS VICTIMS WHO WHA
WILL REFER TO AS SURVIVORS.
HENCEFORTH WE ARE SURVIVORS IF
WE HAVE BEEN THE. OF VICTIMIZED
BY THEIR BEHAVIOR AND I SUSPECT
THAT EVERY WOMAN IN THIS ROOM
AND WOMAN LISTENING AND PROBABLY
MOST WOMEN.
WHO?
ARE OVER THE AGE OF FOUR HAVE
EXPERIENCED AT SOME POINT IN
THEIR LIVES IN VARYING DEGREES
BUT NONE THE LESS SOMETHING
THAT.
WE ALL HAVE EXPERIENCE NOW IT'S
NOT UNIQUE TO WOMEN THERE ARE
SOME MEN WHO WERE THE VICTIMS OF
IT BUT GENERALLY SPEAKING. IT IS
ACTS THAT ARE PERPETRATED
AGAINST WOMEN.
IT HAS PSYCHOLOGICAL AND
FREQUENTLY PHYSICAL TRAUMA.
IT OFTEN GOES A LESS NOTICED BUT
THE VICTIMS OFTEN INTER
PROFESSIONAL ECONOMIC AND
FINANCIAL HARM AS WELL.
AND.
SURVIVORS ARE FREQUENTLY FORCED
TO GIVE UP SENIORITY. BENEFITS
FRIENDS.
AND THEIR COMMUNITIES SEN
FRICKLEY MUST REBUILD THEIR
CAREERS AND I WANT TO GIVE A
SPECIFIC SHOUT OUT TO PALTRY TO.
WHO CAME FORWARD NOT TOO LONG
AGO TO SHARE HER EXPERIENCE THAT
SHE'D HAD RIGHT HERE IN THIS
BUILDING?
WITH THE.
NOW DECEASED MEMBER.
WHO THREATENED HER IF SHE DID
NOT IT AN ENGAGING QUID PRO QUO
SEXUAL HARASSMENT WHICH IS IF
YOU DON'T HAVE?
OF SEXUAL RELATIONS WITH ME I
WILL.
DESTROY EVERY BILL THAT YOU A
LOBBY FOR.
SHE REFUSED HIM HE DID DESTROY
EVERY BILL THAT SHE HAD BROUGHT
FORWARD. AND SHE ENDED UP
LEAVING. THE INDUSTRY IN LEAVING
THE STATE FOR A PERIOD OF TIME
AND.
SHE IS NOW BACK HAPPILY.
A TOUGH TOUGH WOMAN WHO
UNDERSTOOD THAT. A SHE SHOULD
NOT HAVE TO SUFFER AT THE HANDS
OF A PERPETRATOR WHOSE BEHAVIOR
WAS CLEARLY INAPPROPRIATE IF NOT
UNLAWFUL. A AND THAT IS JUST ONE
STORY IT'S A STORY THAT HAPPENS
TO. HAVE OCCURRED IN THIS
BUILDING THE OTHER DAY DURING
OUR.
HEARINGS IN THE SENATE
JUDICIARY COMMITTEE WE HEARD
FROM A YOUNG ACTRESS IN
HOLLYWOOD.
WHO HAD TO SUFFER THE
INDIGNATION OF A DIRECTOR?
WHO?
BEHAVED IN I ABSOLUTELY
INAPPROPRIATE WAYS IN FRONT OF
HER.
I AM IN FRONT OF A WHOLE CAST OF
PEOPLE IN CREW. AND.
IS SOMEONE WHOSE NAME IS VERY
FAMILIAR AYE NOW BECAUSE HE'S
BEEN OUTED BY WELL OVER THREE
HUNDRED I THINK WOMEN.
OF WHO HAD EXPERIENCED THAT
SAME.
TYPE OF INAPPROPRIATE AND
HARASSING BEHAVIOR. AND IT ISN'T
JUST THE VICTIM ALONE WHO
SUFFERS IN FACT EVERYONE.
WHO ALTERS THEIR BEHAVIOR WHO
FEELS THEY NEED TO AVOID CERTAIN
PEOPLE OR CERTAIN SITUATIONS?
WHO GIVES UP OPPORTUNITIES IN
ORDER TO AVOID THE RISK OF
HARASSMENT ALL THESE PEOPLE ARE
ALSO IMPACTED AS A RESULT OF
THIS HARASSMENT IN THE BOTTOM
LINE IS?
SEXUAL HARASSMENT HAS A
DISCRIMINATORY AN ADVERSE IMPACT
ON OUR SOCIETY AND IT EMERGES.
PRIMARILY FROM THE IMBALANCE OF
POWER.
BETWEEN PEOPLE.
AND IT REINFORCES THE IMBALANCE
OF POWER BETWEEN PEOPLE.
WE NEED TO CHANGE THAT.
PERMANENTLY UNEQUIVOCALLY HERE
IN THE CAPITAL.
IN OUR EDUCATIONAL INSTITUTIONS
IN OUR BUSINESSES.
AND IN OUR INDUSTRIES.
AND I'M DETERMINED TO DO
EVERYTHING IN MY POWER TO MAKE
SURE THIS IS NOT ANOTHER ANITA
HILL MOMENT.
AND IF YOU REFLECT BACK THOSE OF
YOU WHO ARE OLD ENOUGH TO
REMEMBER. THAT MOMENT.
WHEN THIS WOMAN WAS LITERALLY
DRAGGED INTO A HEARING.
AND REQUIRED TO GIVE TESTIMONY
THAT HAVE BEEN CONFIRMED IN
CORROBORATED AT THE TIME IT
HAPPENED.
AND INSTEAD OF IMPACTING THE
APPOINTMENT OF A LOT A LIFETIME
APPOINTMENT OF SOMEONE TO THE
UNITED STATES SUPREME COURT.
SHE BECAME THE VILLAIN.
SHE LOST HER JOB.
HE STILL SITS ON THE UNITED
STATES SUPREME COURT.
I WAS TWENTY FIVE YEARS AGO. AND
AT THAT TIME WE THOUGHT THIS WAS
OUR MOMENT.
AND YET FAST FORWARD TWENTY FIVE
YEARS.
I'D DO I NEED TOO I DON'T NEED
TO MENTION. A THAT WE DID NOT
SUCCEED IN THAT MOMENT BUT I
THINK THOSE OF US SITTING IN
THIS ROOM IN ON THIS DíAS ARE
DETERMINED TO MAKE SURE. THAT WE
SUCCEED.
IN ERADICATING OR AT THE VERY
LEAST.
CREATING SIGNIFICANT
CONSEQUENCES FOR THIS TYPE OF
BEHAVIOR.
WE MUST ALL SEIZE THAT MOMENT.
AND WE HAVE SO MANY COURAGEOUS
SURVIVORS AND ALLIES HAD BEEN
CREATED. AS A RESULT OF
MOVEMENTS THAT HAVE OF RE
EMERGED OVER THE PAST SEVERAL
MONTHS.
UP BUT WE HAVE TO BE WE HAVE TO
BE SMART AND THOUGHTFUL ABOUT
THIS.
AND THAT'S WHY WE'VE CONVENE
THIS HEARING TODAY.
TO LEARN FROM THE EXPERIENCE AND
THE EXPERTISE
OF THOSE WHO BEEN WORKING ON IN
A BEEN AFFECTED BY THESE ISSUES
FOR YEARS.
AND I WANNA BE CLEAR AT THE
OUTSET THAT I HAVE BUT NO
FOREGONE CONCLUSIONS ABOUT
WHETHER TO CHANGE THE LEGAL
STANDARD FOR SEXUAL HARASSMENT
THAT WE HAVE HERE IN CALIFORNIA.
THE IMPETUS FOR OUR HEARING IS
THE FACT THAT SEXUAL HARASSMENT
SEEMS TO BE ABLE TO ONE JUROR
DESPITE CURRENT LAWS AGAINST IT.
WE'LL HEAR ABOUT SOME CASES THAT
SEEM TO ALLOW FOR CONDUCT THAT
NONE OF US WOULD WANT TO
CONFRONT.
AND WE MAY ALL CONCLUDE THAT
SOME KIND OF CHANGE IN THE LAWS
NEEDED WE MAY ALL CONCLUDE THAT
OUR CURRENT LEGAL STANDARDS ARE
SUFFICIENT.
BUT THAT THEIR SOMETIMES
MISAPPLIED BY THE COURTS PERHAPS
WILL DETERMINE THAT THE STANDARD
IS BEST LEFT ALONE.
WE MAY ALL COME TO DIFFERENT
CONCLUSIONS SOMETHING THAT ISN'T
EXACTLY NEW IN THIS BUILDING.
ARE BUT TO US SO LONG AS WE ALL
EMERGE BETTER INFORMED AND ARMED
WITH AS MANY.
STRONG IDEAS FOR COMBATING
SEXUAL HARASSMENT IS POSSIBLE WE
WILL HAVE ACHIEVED THE AIM OF
THIS HEARING TODAY.
SO TO HELP US PURSUE THAT GOAL
WE ARE HONORED AND GRATEFUL. TO
HAVE EXPERT AND EXPERIENCE
WITNESSES TO TAKE US ON A DEEP
DIVE. INTO THIS TOPIC THE
AGENDAS QUITE FULL OUR TIME IS
SOMEWHAT LIMITED TO ENSURE THAT
WE CAN HEAR FULLY FROM VERYONE
I'M GOING TO ASK THAT OUR
WITNESSES.
A STICK CAREFULLY TO THE TIME
FRAMES GIVEN TO THEM I KNOW WILL
BE ASKING LAWYERS TO TALK WITHIN
A CERTAIN TIMEFRAME BEING A
RECOVERING ONE MYSELF. I KNOW
THAT CAN BE CHALLENGING.
I'M GONNA COULD SORT OF GET A
HAVE A SOFT BUT FIRM.
TIME LIMIT ENFORCEMENT.
IF I.
CANNED SO THAT WE WILL BE ABLE
TO HEAR FROM EVERYONE WE WILL
ALLOW FOR PUBLIC COMMENT AT THE
END. A TO GIVE EACH INDIVIDUAL
TO UP TO TWO MINUTES TO EXPRESS
THEIR VIEWS AND IDEAS AND AS
ALWAYS.
EVERYONE IS INVITED TO SUBMIT
WRITTEN COMMENTS
TO THE SENATE COMMITTEE ON THE
JUDICIARY OR THE SELECT
COMMITTEE ON WOMEN WORKING
FAMILIES FOR INCLUSION IN THE
HEARING RECORD.
AGAIN THANK YOU FOR BEING HERE
THIS IS A REALLY IMPORTANT TOPIC
IT IS AN IMPORTANT MOMENT AND I
LOOK FORWARD TO A VERY.
IMPORTANT AND ROBUST DISCUSSION
ON THIS ISSUE AND SO I'D LIKE TO
NOW INVITE MY COLLEAGUES HERE IN
THE DíAS A TO MAKE ANY BRIEF.
OPENING REMARKS THEY WISH TO
MAKE BEFORE WE BEGIN.
SENATOR OF MORLOCK COMMENSURATE
JUST THAT IT SEEMS TO ME THE
TOPICS TODAY ARE AT THE THIRTY
THOUSAND FOOT LEVEL IN.
WITH ALL OF YOUR EXPERIENCE AND
ALL THAT BILLS YOU'VE DONE YOUR
SUBJECT MATTER EXPERT.
I'M JUST WONDERING IS THIS THE
FIRST.
HEARING AND WE'RE GONNA MAYBE
DIVE DEEPER.
AT THE NEXT ONE IN THAT THE
THIRD ONE OR.
WHERE WHERE WEEK WHERE WE GOING
I'M JUST CURIOUS? WELL
OBVIOUSLY.
THIS IS A TOPIC THAT NEEDS TO
BE ADDRESSED AND IT IS MY HOPE.
THAT WE ARE GOING TO LOOK AT
THE IMPLICATIONS OF OUR LAWS IS
THE CHAIR OF THE SENATE
JUDICIARY COMMITTEE I THINK THAT
IS OUR ROLE.
AND THEN AS THE CHAIR OF THE
SELECT COMMITTEE ON WOMEN
WORKING FAMILIES.
OF THIS IS A TOPIC A OF THAT IT
IS ONE THAT IS.
WELL OVERDUE FOR A IS DEEP DIVE
IS WE CAN MAKE TO ADDRESS THE
LEGAL ISSUES AND THE IMPACTS
THAT THEY HAVE.
WITHIN OUR WORK FORCE WITHIN
OUR OWN WORKING ENVIRONMENT.
AND WE WILL DO SO WITHIN THE
FRAMEWORK ALL OF THE
JURISDICTIONS OF OUR COMMITTEE.
BUT WHERE WOULD YOU LIKE TO GO
BECAUSE YOU INVOKED THE NAME OF
A LOBBYIST IN.
THAT SEEMS TO BE WERE.
A LOT OF PEOPLE WANT TO GO AND
SAY HOW DO WE FIX IT HERE. WELL
THERE ARE OTHER COMMITTEES AND
OTHER EFFORTS BEING DONE TO DEAL
DIRECTLY WITH THE ISSUES
AFFECTING OF THE CAPITAL.
AND TO.
BUT IT'S MY EXPECTATION THEY
WILL BE VERY SUCCESSFUL IN
ADDRESSING THE PROBLEM.
BUT YOU KNOW THE WORK FORCE IS
COMPRISED OF MILLIONS OF
CALIFORNIANS MILLIONS OF WOMEN.
WHO ARE IN THE WORKFORCE AND I
BELIEVE THAT OUR RESPONSIBILITY
IS THE POLICY MAKERS OF THE
STATE? A OUR TO A DEAL WITH THIS
ISSUE.
TO IMPACT.
EFFECTIVELY AS MANY OF OUR OF
PEOPLE IN THE STATE AS POSSIBLE
SO THAT IS MY HOPE AND MY
EXPECTATIONS WE GO FOR. THEM
THIS IS ONE PIECE OF MANY. AND
WE'RE TAKING CARE OF THE.
THE BROADER.
PERSPECTIVE DWELLERS WHIPPING
WHAT WE'RE ADDRESSING THIS
PARTICULAR ISSUE TODAY.
IN THIS HEARING AND. I I
SUSPECT.
THAT WE WILL HAVE ADDITIONAL
HEARINGS.
THAT ADDRESS THE POLICIES ARE
IN OUR STATE THEIR NUMBER OF
BILLS THAT ARE BEING BROUGHT
FORWARD THAT OUR COMMITTEE.
IS ALSO LIKELY TO HEAR SO WE
WILL HAVE FURTHER CONVERSATIONS
A YOU CAN BE SURE THAT THIS IS A
SUBJECT THAT I HOPE I MADE IT
CLEAR IN MY OPENING REMARKS
ABOUT WHICH I PERSONALLY. FEEL
VERY STRONGLY AND PASSIONATELY
AND IT'S TIME THAT WE RESOLVE
THESE ISSUES.
AND MOVE FORWARD AS EFFECTIVELY
AS WE CAN TO PROTECT OF ALL THE
PEOPLE OF CALIFORNIA TO.
PARTICULARLY AFFECT WOMEN WHO
ARE THE VICTIMS AND THE
SURVIVORS OF THIS BEHAVIOR.
THANK YOU ABOUT.
ANYONE ELSE HAVE A COMMENT.
ALRIGHT RATE HERE'S A OF SENATOR
NGUYEN IN THERE BRIEFLY SENATOR
MONEY.
THANK YOU MADAM CHAIR.
EYES AYE AYES ONE MAKE A BRIEF
COMMENT AYE. AYE TO STAND WITH
AND SUPPORT ALL WHO HAVE BEEN
VICTIMS OF SEXUAL HARASSMENT.
AYE SPECIAL ONE APPLAUD ALL THE
BRAVE INDIVIDUALS WHO HAVE COME
FORWARD.
TO SHED THE LIGHT ON HOW TOXIC.
BOB.
THE TOXIC CLOUD CREATED BY A
SEXUAL HARASSMENT HERE AT OUR
OWN CAPITAL.
UNLESS WE ACT THIS CLOUD WILL
CONTINUE TO HANG OVER THIS
INSTITUTION.
AND TODAY WE S. LEADERS HAVE A
RESPONSIBILITY CORRECT AN
INJUSTICE THAT CAN NO LONGER BE
IGNORED.
WE S. LEADERS MUST ADDRESS
ENVIRONMENT. THAT HAS LED TO
FEAR CONFUSION AND DYSFUNCTION.
SIMPLY PUT SEXUAL HARASSMENT
CANNOT BE GIVEN LIP SERVICE IS
NORTH SWEPT UNDER THE RUG ANY
LONGER.
AS A REPRESENTATIVE OF THE.
GREAT STATE CALIFORNIA WE DO
HAVE A RESPONSIBILITY SET A
STANDARD FOR OTHER AGENCIES AND
INDUSTRY TO FOLLOW. WE HAVE AN
OBLIGATION TO ENSURE THAT ALL
WHO WALK THROUGH THE HALLS OF
THIS BUILDING FEEL SAFE.
BECAUSE FUTURE GENERATIONS WOULD
JUDGE US BY THE DECISION WE MAKE
HERE.
WE NEED TO WORK TOGETHER
BIPARTISAN TO SET ASIDE OUR
PERSONALAGENDAS AND DO WHAT IS
BASS AND RIGHT FOR THE PEOPLE
CALIFORNIA.
AND AS A MEMBER OF THE SELECT
COMMITTEE ON WOMAN WORK AND
FAMILIES I'M COMMITTED TO
WORKING WITH ALL OF MY
COLLEAGUES.
ON A BIPARTISAN EFFORT.
I'M POLICY THAT WILL PROMOTE A
SAFE WORKING ENVIRONMENT TO TEAR
ANY FUTURE ACTIONS OF ABUSE AND
SO I I DO WANT TO THANK MADAM
CHAIR.
FOR CHAIRING THE SUPPORTING
HEARING. ON SEX HARASSMENT
JUSTICE FOR VICTIMS AND I LOOK
FORWARD TO MANY MORE
DISCUSSIONS.
FROM THE THIRTY THOUSAND LEVEL
TO DEEP DOWN US DOT AS DEEP AS
WE HAVE TO DIVE.
ON SOME HOPE FOR THAT TODAY'S
DISCUSSION WILL SEND A POSITIVE
PRODUCTIVE TONE FOR MUCH NEEDED
REFORMS IN THE SENATE. AND WITH
IN THIS CAPITAL COMMUNITY THANK
YOU MADAM CHAIR FRANK YOU AND I
CAN ASSURE YOU WE WILL BE TAKING
A DEEP DIVE TODAY IN THIS
PARTICULAR ISSUE SO.
AND SO AS A LAWYER.
IN DEALING WITH THE LEGAL
SYSTEM IS THE CHAIR OF THE
COMMITTEE. ON THE JUDICIARY.
THAT IS ONE OF OUR A PRIMARY
RESPONSIBILITIES IN FOCUS ABOUT
TO LOOK AT THE LAWS OF THE STATE
OF CALIFORNIA.
AND IN THIS CASE WITH
PARTICULARLY WITH RESPECT TO
SEXUAL HARASSMENT AND I LOOK
FORWARD TO YOUR. OF
PARTICIPATION IN THAT AS WELL
SENATOR MINING FOLLOWED BY
SENATOR GARCIA.
THANK YOU MADAM CHAIR I JUST
WANT TO THANK THE CHAIR OF OUR
JUDICIARY COMMITTEE AND STAFF.
AS WELL AS THE SELECT COMMITTEE
IN THE.
A LEGISLATIVE WOMEN'S CAUCUS FOR
COORDINATION IN GIVING US THIS
OPPORTUNITY AND.
IT IS IS I VIEW THE OBJECTIVE OF
THIS HEARING AS I READ THE
MATERIALS.
LOOKING AT WHAT'S
POTENTIALLY BEEN CONFUSION IN
APPLICATION OF LEGAL STANDARDS
VAGUENESS AN APPLICATION OF
LEGAL STANDARDS TO ALL
WORKPLACES INCLUDING. THE STATE
CAPITOL IN THE THAT CHALLENGE
THAT I SEE. IN INTERPRETING.
STATUTES AND STANDARDS TO
INDIVIDUAL CASES. IS THAT YOU
HAVE A SPECTRUM FROM. UNWANTED.
VERBAL COMMENTS.
TO CRIMINAL ASSAULT AND RAPE.
AND THAT SPECTRUM.
A.
IT ALL IN MY VIEW VIOLATES A
COMMITMENT TO ZERO TOLERANCE FOR
THIS BUILDING BUT NEITHER WORK
PLACES AROUND THE STATE. A HOW
WE APPLYING INTERPRET THE
STANDARDS IS THE CHALLENGE THE
COURTS HAVE GRAPPLED WITH IT.
BUT WE IS THE LEGISLATURE ALSO
HAVE A RESPONSIBILITY. AND
OBLIGATION AND I THINK IN THIS
MOMENT INABILITY.
TO TRY TO FURTHER PROVIDE CLEAR
DIRECTION.
TWO NOT JUST EMPLOYEES BUT
PERHAPS MORE IMPORTANTLY TO
EMPLOYERS AS TO HOW WE BUILD AND
CREATE.
SAFE WORKING PLACES SO AGAIN
THANK YOU MADAM CHAIR IN THE.
THE COORDINATING COMMITTEES FOR
GIVING US THIS OPPORTUNITY THANK
YOU SENATOR MONNING I COULD
AGREE WITH YOU MORE.
SENATOR GARCIA THE CHAIR OF THE
LEGISLATIVE WOMEN'S CAUCUS A CO
HOST TO THIS HEARING
ASSEMBLYMEMBER THE EVENT TUESDAY
I KEEP CALLING YOU THE TONE AYE
WELL MAYBE I'LL THINKING I
DON'T.
I. THANK YOU I AM GONNA BE BRIEF
AYE I WANT TO THANK EVERYONE
HERE AND.
OUR MADAM CHAIR FROM THE SENATE
JUDICIARY FOR. PUTTING THIS
TOGETHER AND THAT'S WE DO THE
WORK IN OUR OWN HOUSE HERE IN
THE CAPITAL. YOU KNOW THE WORK
THAT RETAINS HIS COMMITTEE TO
MAKE SURE WE'RE LOOKING AT ALL
OF OUR WORKERS ACROSS THE WHOLE
STATE AND. CALIFORNIA HAS BEEN A
LEADER ON A LOT OF ISSUES
INCLUDING THIS ISSUE BUT THE
MOMENT OR IN TODAY REMAINS IS
THAT WE STILL HAVE A LONG WAY TO
GO.
AND SO I WANNA MAKE SURE AS WE
MOVE FORWARD WE DON'T EVEN THE
ONE BEHIND IN AND OR. PUTTING A
SPOTLIGHT ON OUR ON OUR MOST
VULNERABLE OF THIS IS HAPPENING
TO WOMEN LIKE MYSELF ARE
EMPOWER.
IMAGINE WHAT'S HAPPENING TO OUR
GARMENT WORKERS TO OUR
HOUSEKEEPERS HOTEL WORKERS
FARMWORKERS. WOMEN WHO HAVE LESS
ACCESS TO RESOURCES POWER IN
FUNDING WHO SPEAKING NOW IS NOT
JUST WITH NATURE UP WHAT I
OFTENTIMES WITHIN THEIR HOME THE
LIVELIHOOD. AND THEIR ABILITY TO
PROVIDE FOR FOR THOSE CHILDREN
AND STAY AND STAY IN THE U. S..
OUT THERE AND SO I HAVE A A LOT
OF RESPECT FOR THE WORK THAT
THIS COMMITTEE IS GOING TO BE
DOING IN THE WORK OF OUR
CHAIRWOMAN. HEALTHFUL CONFIDENT
THAT SHE WILL BE SHINING A
SPOTLIGHT. ON OUR CURRENT LAWS
AND PRACTICES HAD WOUND UP
LOWERED AND HOW TO MAKE SURE WE.
LOOK AT AND SUPPORT ALL OF OUR
EMPLOYEES OUT THERE THINKING.
THANK YOU MADAM CHAIR ANY
FURTHER COMMENTS ALRIGHT WITH
THAT LET'S GET STARTED WITH.
JESSICA STANDARD OUR FIRST
WITNESS
SHE WILL ADDRESS THE WIDESPREAD
DISCRIMINATORY IMPACT THAT
SEXUAL HARASSMENT HOUSE.
THE STANDARDS SENIOR COUNSEL
FOR WORKPLACE JUSTICE AND PUBLIC
POLICY TO EQUAL RIGHTS ADVOCATES
A NATIONAL CIVIL RIGHTS
ORGANIZATION BASED IN SAN
FRANCISCO. PEOPLE RIGHTS
ADVOCATES IS DEDICATED TO
PROTECTING EXPANDING ECONOMIC
AND EDUCATIONAL ACCESS AND
OPPORTUNITIES FOR WOMEN AND
GIRLS.
SHE SPECIALIZES IN GENDER
JUSTICE RELATED ADVOCACY WORK
WAS LIKE THE SOUND OF THAT.
WITH A FOCUS ON EMPLOYMENT
RELATED CASES SOME PROJECTS IN
PRIOR TO JOINING EQUAL RIGHTS
ADVOCATES.
THE STANDARD WORK IN EMPLOYMENT
LITIGATION ADVOCATING ON BEHALF
OF FARM WORKERS AND LOW WAGE
MIGRANT WORKER.
WORKERS IN THEIR WORK THANK YOU
VERY MUCH FOR COMING TODAY IT'S
ALWAYS A PLEASURE WORKING WITH
YOU AND HEARING YOUR THOUGHTS
IN.
A IN THE COMMENTS ON IMPORTANT
ISSUES SUCH AS THIS SO IF YOU
WOULD GO AHEAD AND PROCEED TO
TWELVE MINUTES IF YOU COULD.
THANK YOU THANK YOU GOOD MORNING
UP THANK YOU AFRICA MEETING IS
VERY IMPORTANT HEARING I'M AN
ATTORNEY WITH LEGAL RIGHTS
ADVOCATES AS YOU HEARD. WE READ
IT REGULARLY REPRESENT WOMEN
WHO'VE SUFFERED FORMS OF SEX
DISCRIMINATION AT WORK INCLUDING
SEXUAL HARASSMENT.
AS WE'VE SEEN WITH THE ON
PRESIDENT NUMBER OF VICTIMS
WHO'VE BEEN SPEAKING OUT IN
RECENT MONTHS SEXUAL HARASSMENT
IS INITIATIVE PLAGUES EMPLOYEES
OF ALL WORKPLACES.
FROM JANITORIAL COMPANIES THE
LAW FIRMS FROM AGRICULTURE TO
HOLLYWOOD FROM RESTAURANTS TO
CONSTRUCTION EMPLOYEES
CONSISTENTLY EXPERIENCE UNWANTED
HARASSMENT BASED ON SEX THAT
IMPEDE THEIR ABILITY TO WORK.
AND THESE VICTIMS ARE
PREDOMINANTLY WOMEN AND TWENTY
pPERCENT OF ALL SEXUAL
HARASSMENT
CHARGES FILED WITH THE EEOC OR
FILED BY WOMEN.
TO SORT WHICH IS A BASIC LEGAL
FRAMEWORK IN ADDITION TO QUID
PRO QUO SEXUAL HARASSMENT THAT
SENATOR JACKSON MENTIONED.
REQUESTING ARE DEMANDING SEXUAL
FAVORS IN RETURN FOR SOME TYPE
OF EMPLOYMENT BENEFIT OR TO NOT
AND NOT IN FOR SOME KIND OF
DETRIMENTAL EMPLOYMENT DECISION.
A SEXUAL HARASSMENT IS BASICALLY
UNWELCOME BEHAVIOR BASED ON
EMPLOYEE SEX
IT'S IMPORTANT AND KNOW THAT IT
DOESN'T NECESSARILY HAVE TO BE
OF A SEXUAL NATURE AND US
COMMENTS ABOUT APPROPRIATE
GENDER ROLES OR SEXUAL
ORIENTATION OR GENDER IDENTITY.
CAN ALSO BE FORMS OF SEXUAL
HARASSMENT AND ARE FREQUENTLY
EXPERIENCED BY WORKERS IN THE
WORKPLACE.
SEXUAL HARASSMENT OCCURS WHEN
SEXUAL CONDUCT OR GENDER BASED
HOSTILITIES SUFFICIENTLY SEVERE
OR PERVASIVE THAT IT CREATES AN
INTIMIDATING HOSTILE OR
OFFENSIVE WORK ENVIRONMENT IS
HOSTILE WORK ENVIRONMENT
DISCRIMINATION SUCH HARASSMENT
THAT WE'LL HEAR MORE ABOUT
TODAY.
WOULD YOU REPEAT THAT BECAUSE
THAT'S REALLY THE LEGAL STANDARD
THAT IS THE THE LYNCH PIN OF OUR
DISCUSSION TODAY WHAT IS THE
DEFINITION OF SEXUAL HARASSMENT
IN LAW TODAY. SEARCH SO THERE'S
THE QUID PRO QUO WHICH MEANS
THIS FOR THAT WHICH IS LITERALLY
DO THAT SEXUAL FAVOR FOR ME AND
YOU'LL GET A RAISE OR DON'T DO
IT AND YOU'LL SUFFER SOME
NEGATIVE CONSEQUENCE.
AND THEN THE SECOND FORM WHICH
IS WHAT WE'LL BE DISCUSSING
TODAY IS A HOSTILE WORK
ENVIRONMENT HARASSMENT WHICH IS
WHEN SEXUAL CONDUCT OR GENDER
BASED FACILITY IS SUFFICIENTLY
SEVERE SEVERE OR PERVASIVE. THAT
IT CREATES AN INTIMIDATING
HOSTILE OR OFFENSIVE WORK
ENVIRONMENT.
THERE'S SOME CONSIDERATIONS IN
PRINCIPLE THAT I THINK PROVIDE
HELPFUL FRAMEWORK FOR DISCUSSION
OF THIS ISSUE. FIRST SEXUAL
HARASSMENT IS A CIVIL RIGHTS
ISSUE SEXUAL HARASSMENT IS ABOUT
POWER AND IS USED TO REINFORCE
NORMS ABOUT APPROPRIATE
GENERAL'S IN BEHAVIOR. IT IS
ABOUT BARRIERS TO GENERAL
QUALITY IN THE WORKPLACE AND AS
PART OF A LARGER STRUCTURE THAT
MAKES IT HARD FOR WOMEN TO GET
GOOD JOBS ADVANCE AND BECOME
LEADERS IN THEIR FIELDS.
SECOND SEXUAL HARASSMENT DOES
NOT EXIST IN A VACUUM IS A FORM
OF SEX DISCRIMINATION AND IT IS
OFTEN ACCOMPANIED BY OTHER FORMS
OF SEX DISCRIMINATION SUCH AS
PAY DISCRIMINATION.
MOREOVER WOMEN WHO EXPERIENCED
SEXUAL HARASSMENT OFTEN
EXPERIENCE OTHER FORMS OF
HARASSMENT BASED ON RACE
NATIONAL ORIGIN DISABILITY AND
OTHER FORMS OF DISCRIMINATION
AND HARASSMENT IN THE WORKPLACE.
THE US POLICY SOLUTIONS TO BE
CRAFTED TO ADDRESS NOT ONLY
SEXUAL HARASSMENT BUT THE OTHER
FORMS OF DISCRIMINATION AND
HARASSMENT THAT OFTEN ACCOMPANY
IT IN THE WORKPLACE.
THIRD.
AS ASSEMBLYWOMAN GARCIA A
MENTION I THINK IT'S REALLY
IMPORTANT RECOGNIZE THE
PARTICULAR CHALLENGES THAT LOW
WAGE WORKERS FACE IN THE ISSUE
OF SEXUAL HARASSMENT.
AS WE'VE SEEN THE STORIES OF
EMERGING THE MEET TO MOVEMENT
SEXUAL HARASSMENT IS A PROBLEM
FOR ALL WORKERS HOWEVER
INDUSTRIES OF LOWER WAGES SUCH
AS AGRICULTURE HOSPITALITY AND
FOOD SERVICE HAVE HIGHER RATES
OF SEXUAL HARASSMENT. AND THE
FEAR OF RETALIATION THAT ALL
EMPLOYEES FACE AND HAVE OF BEING
FIRED OR DISCRIMINATE AGAINST
FOR SPEAKING OUT IS EVEN MORE
ACUTE FOR LOW WAGE WORKERS THAT
DO NOT HAVE THE FINANCIAL
RESOURCES. TO ABSORB THE LOSS OF
A JOB OR OTHER ADVERSE
EMPLOYMENT ACTION SO POLICY
RESPONSES REALLY NEED TO BE
TAILORED TO ADDRESS THOSE
WORKERS AS WELL WHO ARE MOST
VULNERABLE INCLUDING WOMEN.
PARTICULARLY WOMEN OF COLOR AND
IMMIGRANTS WHO ARE OVER
REPRESENTED IN LOW WAGE JOBS.
FOURTH IT'S IMPORTANT RECOGNIZE
THE SEXUAL HARASSMENT TAKES A
TREMENDOUS ECONOMIC AND
PSYCHOLOGICAL TOLL IS SENATOR
JACKSON MENTIONED.
UP STUDIES HAVE SHOWN THE
VICTIMS WITHDRAW AT WORK AND
OFTEN MISSED WORK DUE TO SEXUAL
HARASSMENT WHICH LEADS TO A
SUBSEQUENT DROP IN PRODUCTIVITY
AND EARNINGS FOR THAT EMPLOYEE.
WOMEN ARE OFTEN FORCED TO QUIT
THEIR JOBS TO GET AWAY FROM
HARASSERS WHICH JUST
DESTABILIZES THEIR CAREERS AGAIN
OF NEGATIVE LONG TERM EFFECTS ON
THEIR CAREER CHIEF TRAJECTORIES.
.
I'M FINALLY IN THE STREAMS OF
PSYCHOLOGICAL IMPACT STUDIES
HAVE SHOWN A HIGHER LIKELIHOOD
OF POST TRAUMATIC STRESS
DISORDER INCREASE THINGS ID
DEPRESSION AND SUBSTANCE ABUSE
AND INCREASE ANGER AND SELF
DOUBT AMONG VICTIMS OF SUCH REST
NETWORK.
AND THE PSYCHOLOGICAL TOLD ALSO
FELT BY WORKERS WHO ARE THE
VICTIMS OF SEXUAL HARASSMENT
SO STUDIES HAVE SHOWN THAT OTHER
WORKERS HAVE EXPERIENCE
PSYCHOLOGICAL STRESS AND HARM
WHEN THEY'RE AWARE OF AND
WITNESS SEXUAL HARASSMENT OF
THEIR COLLEAGUES AT WORK.
FINALLY AS DOES DISCUSS TODAY
WILL HEAR A LOT ABOUT THE SEVERE
AND PERVASIVE STANDARD AND
YOU'LL HEAR FROM OTHER WITNESSES
A MORE IN DEPTH DESCRIPTIVE
SCRIPTS AND OF THAT STANDARD.
BUT I WOULD JUST KNOW THAT THE
DIFFICULTY IN MEETING THE
STANDARD PERPETUATES ECONOMIC
SECURITY FOR WOMEN AND OTHER
MARGINALIZED GROUPS.
A PLAINTIFF MUST ESTABLISH THAT
THE HARASSING BEHAVIOR WAS BOTH
SUBJECTIVELY AND OBJECTIVELY
HOSTILE INTIMIDATING OR
OFFENSIVE. AND THAT WAS SO
SEVERE OR PERVASIVE THAT NO
REASONABLE PERSON COULD FIND IT
BEARABLE. THUS THE STANDARD
ESSENTIALLY FORCES PEOPLE OFTEN
WOMEN TO FIGURE OUT HOW TO
ACCOMMODATE OR NAVIGATE THESE
TYPES OF BEHAVIORS AT WORK.
UNTIL THE EFFECTIVELY BECOME
INTOLERABLE OR IN OTHER WORDS
ITALY EFFECTIVELY BECOME A NOT
TENABLE SOURCE OF OF ECONOMIC
OPPORTUNITY OR SECURITY FOR THEM
TO WORK.
THAT THE THEREFORE I THINK THIS
EVALUATION ANALYSIS OF THE
STANDARD AND THE EFFECTS IT HAS.
ON PLAINTIFFS AND ALL WOMEN IN
THE WORKPLACE.
IS A CRITICAL IT QUICKLY BORN
DISCUSSION THAT WE'RE HAVING
TODAY AND I THINK YOU VERY MUCH
THE OPPORTUNITY TO SPEAK OUT
ABOUT IT.
THANK YOU VERY MUCH WELL THAT
WAS.
SHORT AND SWEET AND I THINK
VERY.
TELLING.
LET ME ASK YOU FOR.
S.. BREACH SPEECH BARELY AYE.
ANYWAY WE CONSERVATIVE RAMP INTO
THE THINKING THIRD DONE COULD.
.
YOU KNOW YOU'VE WORKED ON A
BEHALF OF LOW WAGE MIGRANT
WORKERS FOR FOR QUITE SOMETIME
THE CAN YOU.
CAN YOU TALK A LITTLE BIT. IT
IN GREATER DETAIL ABOUT.
THEIR CIRCUMSTANCES AND PERHAPS
MOST IMPORTANTLY FOR US.
WHAT? YOU WOULD PROPOSE
TO TRY TO ADDRESS THE PROBLEM
BECAUSE I DON'T THINK THERE'S A
WHOLE LOT OF DISPUTE ABOUT
PARTICULARLY IMPACTS ON LOW
INCOME WORKERS IMMIGRANT
WORKERS.
WHAT WE KNOW IT IN THE
JANITORIAL WORLD WE KNOW IN THE?
YOU KNOW THE VARIOUS.
.
OTHER LOW. PAYING KIND OF FIELD
SAID THAT WOMEN.
ARE PARTICULARLY SUSCEPTIBLE.
COULD WHAT WOULD YOU SUGGEST HOW
DO YOU SUGGEST WE ADDRESS THAT
PROBLEM IT IN TERMS OF SEXUAL
HARASSMENT.
I'M I THINK IT'S IMPORTANT
ADDRESS THE UNDERLYING OBSTACLES
THAT THESE WORKERS FACE AND SO
ESPECIALLY IN FIELDS SUCH AS
JANITORIAL WORKERS AGRICULTURAL
WORKERS HE'S OUR LOW WAGE
WORKERS WHO ALREADY HAVE.
DIRE FINANCIAL SITUATION EVEN
WHEN THEY ARE EMPLOYED ON THEIR
HIGHLY UP OFTEN IMMIGRANT
WORKERS WHO MAY FACE POTENTIAL
NEGATIVE CONSEQUENCES BASED ON
IMMIGRATION STATUS.
AND THAT'S SOMETHING THAT
HARASSERS EMPLOYERS OFTEN USE
AGAINST THEM TO THREATEN THEM IF
THEY SPEAK OUT OF THAT THEY MAY
HAVE IMMIGRATION CONSEQUENCES
THAT THEY WILL REPORT THAT
IMMIGRATION AUTHORITIES. AND SO
I THINK.
ANOTHER BARRIER THAT POLICY
REALLY POLICY VIS VIS CRAFTED TO
ADDRESS IS THE FACT THAT MANY OF
THESE WORKERS DO NOT EVEN KNOW
ABOUT THEIR RIGHTS UNDER THE
LAW.
SITTING THE FIRST STEP IS
ENSURING EDUCATIONAL WORKERS
SUCH A THEY KNOW THEIR RIGHTS.
I THINK ANOTHER KEY POINT IS
STRENGTHENING RETALIATION
PROTECTIONS FOR WORKERS SUCH
THAT THEY REALLY ARE RETALIATED
AGAINST THAT THEY ARE PROTECTED
IF THEY'RE RETALIATE AGAINST
THAT WORK FOR SPEAKING OUT.
AND I THINK THAT KIND OF ONE
KEY ISSUE THAT WE'VE SEEN AT
LEAST IN THE IN THE JANITORIAL
CONTEXT
IS THAT ONCE A WOMAN EXPERIENCES
SEXUAL HARASSMENT AT WORK AND IS
FIRED THIS THAT HAS THIS DIRE
EFFECT ON HER LIFE. THAT OFTEN
SHE CAN'TEVEN RECOVER FROM IT
ON THE PSYCHOLOGICAL SIDE SU
ENSURING THAT THERE ARE
SUFFICIENT RESOURCES FOR THESE
WOMEN.
TO TURN TO WHEN THEY'VE
EXPERIENCED SUCH HARASSMENT
SEXUAL ASSAULT
IS ALSO A KEY PIECE SO HOW WOULD
YOU ADDRESS THE LEGAL STANDARD
WHICH YOU INDICATED IS.
IN MANY INSTANCES TO.
AT THAT THE BAR IS THE INTO ONE
REALISTICALLY.
STATE US SITUATED.
THAT'S A HARD QUESTION.
YOU KNOW IT'S DEVELOP BY CASE
LAW I THINK ENSURING THAT JUDGES
ARE APPROPRIATELY APPLYING THE
STANDARD.
SUCH THAT THEY THAT IS A FAIRLY
UPRIGHT APPLIED STANDARD.
WHEN YOU'RE LOOKING AT WHETHER
A WOMAN OR A VICTIM OF SEXUAL
HARASSMENT REASONABLY AS A ANY
REASONABLY PER REASONABLE PERSON
WHAT I FELT.
THAT THAT THAT THE WORK
ENVIRONMENT IS SUFFICIENTLY
HOSTILE INTIMIDATING SUCH AS TO
CREATE OF AN ENVIRONMENT THAT
WAS NO LONGER TOLERABLE. I THINK
ENSURING THAT JUDGES.
APPLY THAT STANDARD IN A WAY
THAT'S FAIR AND THAT ISN'T TOO
HIGH OF A BAR. I ALSO THINK THAT
IS PUTTING SOME ONUS ON
EMPLOYERS TO TRY TO KIND OF PRO
ACTIVELY ADDRESS THESE ISSUES AS
THEY COME UP.
AND PREVENT THESE ISSUES SUCH
THAT BEFORE THE WOMAN EVEN GETS
HARASSED AND HAS TO FACE THIS
VERY HIGH LEGAL STANDARD
EMPLOYERS REALLY NEED TO TAKE
RESPONSIBILITY FOR FOR SAYING
FOURTH POLICIES THAT.
EFFECTIVELY PREVENTED AND
EFFECTIVELY TELL SUPERVISORS
THIS KIND OF BEHAVIOR WILL NOT
BE TOLERATED.
AND AND YOU NEED TO PREVENT
THIS WHEN IT WHEN IT STARTS AND
MY LAST QUESTION THEN OPEN IT UP
TO THE DYESS.
IT'S THE SIXTY FOUR THOUSAND
DOLLAR QUESTION WHICH I GUESS IS
A THIRTY YEAR OLD.
TV SHOW SO TODAY WOULD BE THE
SEVERAL BILLION DOLLAR.
FORTY YEARS OF THANKS SO MUCH
BOB APPRECIATE IT.
.
WHAT STANDARD DO YOU THINK WOULD
BE APPROPRIATE?
WELL I THINK LOOKING AT.
WHETHER AN EMPLOYER WHEN THEY
TREAT WHEN YOU'RE LOOKING AT
WHETHER AN EMPLOYER TREATED A
WOMAN.
UNFAIRLY.
AND COMPARING IT TO OTHER
WORKERS OF ANOTHER SET OF THE
OPPOSITE SEX WOULD BE AN
APPROPRIATE WAY TO LOOK AT.
I DON'T KNOW THAT THAT'S
SOMETHING THAT RIGHT NOW
WE'RE READY FOR INTER.
LATER.
BUT LOOKING AT AS OPPOSED TO
WHETHER THE AN OBJECTIVE PERSON
WOULD WOULD WOULD CONSIDER IT
UNTENABLE TO WORK LOOKING AT
WHETHER THAT PERSON WAS TREATED.
AYE DIFFERENTLY FROM OTHER
WORKERS IN THE WORKPLACE.
THANK YOU VERY MUCH WILL OPEN UP
A CENTER MONNING FALL BY SENATOR
BY CO SKIN THEN SENATOR MORE
LOCK.
THANK YOU MADAM CHAIR AND THANK
YOU MISS STANDARD FOR NOT ONLY
YOUR TESTIMONY TODAY BUT FEAR
WORK IN.
I FOUND YOUR PRESENTATION TO BE
REALLY. ON POINT N. APPRECIATE
THAT.
IN THE AREA OF UNDERREPRESENTED
WORKERS LOW INCOME WORKERS
IMMIGRANT WORKERS.
MY SENATE BILL TWO NINETY FIVE
SLASH YOUR WAS SIGNED INTO LAW
BY GOVERNOR BROWN. REQUIRES
MANDATORY SEXUAL HARASSMENT
PREVENTION.
FOR FARMWORKERS MEN AND WOMEN.
WHAT WE SEE IN AGRICULTURE IS
OFTEN THE MIRE DOMUS THE FOREMAN
AND SUPERVISORS ARE MALE?
IN FEMALE WORKERS.
THAT'S OFTEN WHO THEY.
ANSWER TO IN THEIR WORKPLACE.
IN SIMILAR TO CUSTODIAL WORKERS
THEY OFTEN WORK IN ISOLATED
WORKPLACES AND ARE MORE
SUSCEPTIBLE.
TO.
Lú. UNWANTED COMMENTS UNWANTED
CONDUCT AND. WE HAD TO
REINTRODUCE THAT BUILT IN UP THE
PENALTIES FOR LACK OF COMPLIANCE
AND LACK OF ENFORCEMENT.
IN THIS LAST YEAR SB TWO NINETY
FIVE GAVE THE LABOR COMMISSIONER
MORE TOOLS TO ENFORCE PENALTIES
WE LEARNED THAT THE TRAINING
EITHER WASN'T HAPPENING.
IT WASN'T BEING DONE IN A
LANGUAGE HAS REQUIRED THAT.
WOULD BE INAPPROPRIATE LANGUAGE
FOR THE WORKERS
AND IT WAS SOMETIMES BEING.
THE TRAINING WAS BEING DONE BY
THE FOREMAN OR SUPERVISOR WHO
MIGHT LATER BE THE.
THE SOURCE OF THE PROBLEM.
SO YOU'VE TALKED SOME ABOUT
BOTH CUSTODIAL WORKERS LOW
INCOME WORKERS IMMIGRANT
WORKERS.
ANY OTHER THOUGHTS ON HOW.
PROACTIVELY OF PREVENTIVE
APPROACH
TO. EDUCATION A.
USE OF.
ONE EIGHT HUNDRED HOTLINE
NUMBERS WHERE A WOMAN CAN CALL.
ANONYMOUSLY IF IF PREFERRED.
OTHER REFORMS THAT WE COULD
ONSIDER AT THE FRONT END TO TRY
TO CREATE SAFER WORKPLACES
I THINK THAT KIND OF TRAINING
REQUIREMENTS IN THE BILL THAT
THAT THAT YOU SPONSORED AS WELL
AS AND A B. NINETEEN SEVENTY
EIGHT.
WHICH
CHOIR IS I TRAINING OF
JANITORIAL.
SUPERVISORS I THINK THOSE KINDS
OF TRAINING REQUIREMENTS ARE KEY
I ALSO THINK THAT FUNDING FOR
ENFORCEMENT AGENCIES WHO
EFFECTIVELY.
ENFORCE THESE LAWS AND ENSURE
THAT EMPLOYERS ARE COMPLYING
WITH THESE TRAIN REQUIRE
IT IS ALSO.
REALLY KEY AND YOU KNOW I THINK
THE HOTLINE IDEA IF THEY CAN BE
EFFECTIVELY STAFFED
SUCH THAT THERE IS FOR THERE ARE
FOR THEIR IS FUNDING FOR.
THAT'S THE HOTLINE TO BE
STAFFED AND WORKERS CAN CALL AND
GET NOT ONLY ANSWERS TO THEIR
QUESTIONS ABOUT WHAT THEIR
RIGHTS ARE.
BOAT BUT ANSWERS THEIR
QUESTIONS ABOUT HOW TO ASSERT
THEIR LEGAL CLAIMS I THINK
THAT'S A OWE A WONDERFUL TOOL.
FOR WORKERS TO USE.
TINTED TO BE ABLE TO SORT
COMPLAINTS ABOUT SEXUAL
HARASSMENT.
IN THE WORKPLACE.
A A SENATOR WHY CAO SKI IS
SENATOR MORE LOCK AND THEN A
SENATOR GARCIA.
ARI ASSEMBLYMEMBER GARCIA I'M
GOING TO CALL YOU. I I THINK I
THINK SO. HARD ASSEMBLYMEMBER
GARCIA WILL BE AFTER SENATOR
MORLOCK WHO WILL BE.
SO AFTER SENATOR.
WHITE HOUSE COULD PERHAPS YOU
PERHAPS YOU COULD HELP ME
UNDERSTAND THE APPLICATION OF
THE MERITORIOUS SEVERE OR A
PERVASIVE BECAUSE IT SEEMS TO ME
THAT THE REASON A WOMAN
STANDARDS AND THE.
.
A.
THAT IS.
TANGIBLE PSYCHOLOGICAL INJURY
TALK GO TO THE SEVERE OF
PERVASIVE SEEMS TO ME TO TALK
ABOUT YOU NEED SOME DATA. YOU
MEET SOMEBODY YOU MAY HAVE
ISOLATED INCIDENCES WITH WITH
FIFTEEN DIFFERENT WOMEN THAT
COLLECTIVELY. COULD ESTABLISH A
CASE OF PERVASIVENESS COULD YOU
TALK TO ME JUST ABOUT THAT PART
OF THE TEST AND WHAT THE WHAT
YOU'RE EXPERIENCING IS OR WHAT
THE. PRACTITIONERS IN THIS AREA
ITSELF BETTER UNDERSTAND THAT.
YEAH I THINK THAT'S A VERY GOOD
POINT AND SO JUST SO THAT WERE
ON THE SAME PAGE.
IN TERMS OF ESTABLISHING
WHETHER THE CONDUCT WAS
SUFFICIENTLY SEVERE OR PERVASIVE
SUCH AS TO CREATE AN
INTIMIDATING ARE HOSTILE WORK
ENVIRONMENT.
ACTIONS THAT ARE SUFFICIENTLY
SEVERE SOME EXAMPLES OF THOSE A
BI SEXUAL ASSAULT.
RATE WHICH WE SADLY SEE OFTEN
IN OUR LINE OF WORK.
WHERE EVEN IF IT OCCURRED ONCE
IT'S SO SEVERE THAT IT WOULD BE
SUFFICIENT?
AND HEARD
HOWEVER ON THE OTHER SIDE THEIR
BEHAVIOR SUCH AS UNWANTED
TOUCHING.
INAPPROPRIATE SEXUAL BECAUSE
SIR INNUENDO STARING GROPING
LEERING AND THOSE KINDS OF
INCIDENTS ALTHOUGH EXTREMELY
TRAUMATIZING FOR THE WOMEN WHO
SUFFER THEM IF THEY ONLY HAPPEN
ONCE OR A FEW TIMES OR EVEN ON A
PRETTY REGULAR BASIS. THEY OFTEN
ARE NOT FOUND TO BE SUFFICIENTLY
PERVASIVE TOOK TO MEET THAT
STANDARD AND SO I THINK YOU
RAISE A REALLY IMPORTANT POINT
THAT. OFTEN ONE WOMAN'S
EXPERIENCES AGAIN WHILE
TRAUMATIZING AND HARMFUL TO HER
AS A WOMAN IN THE WORKPLACE AND
HER ABILITY TO TO EFFECTIVELY
WORK SAFELY AND AND AND.
AND ADEQUATE IN WORKPLACE.
MAY NOT BE ENOUGH FOR HER TO
ESTABLISH A LEGAL CLAIM.
WHEREAS IF YOU LOOK AT THE
COMPOSITE OF THE FULL WORK FORCE
AND THE TYPES OF INCIDENCES THAT
ARE HAPPENING ON A KIND
AGGREGATE LEVEL IT MAY BE
SUFFICIENT TO MEET THAT TO MEET
THAT TANDARD. ON THEIR SOME
EXAMPLES OF FOR INSTANCE OF THE
EEOC THEY CAN BRING
COMMISSIONER'S CHARGES FOR FORMS
OF SEXUAL HARASSMENT INCLUDING
OTHER FORMS OF SEX
DISCRIMINATION. SO THEY COULD BE
SUFFICIENTLY ON NOTICE AND HAD
FRIENDS SINCE THE FUNDING OR THE
DEFEAT EACH YEAR IN CALIFORNIA
TO DO KIND OF EFFECTIVE
AFFIRMATIVE ENFORCEMENT ACTIONS
TO EVALUATE A WORK SITE TO SEE
IF. ALTHOUGH ONE WOMAN SPECIFIC
CASE MAY NOT BE SUFFICIENT.
TO ESTABLISH PERVASIVENESS.
AS A WHOLE THESE KIND OF
BEHAVIORS AS A WHOLE.
MEET THAT STANDARD THAT WOULD
BE IMPORTANT OF IMPORTANT FACTOR
TO LOOK AT THE YOU KNOW IF
COURTS THAT ARE LOOKING AT THE.
PERVASIVE.
PRONG IF IF YOU WILL ARM DO THEY
LOOK AT DIFFERENT INCIDENCES TO
MAKE THE TEN FACT.
MEET THAT STANDARD OF
PERVASIVENESS AND I'M SAYING
THAT THAT THAT IT ONE PARTICULAR
ACT
WAS NOT PERVASIVE AND I'M I'M
THINKING ABOUT DATA COLLECTION
YOU KNOW BECAUSE BUDGET PEOPLE
IF IT'S NEVER REPORTED. THAT YOU
DON'T KNOW THAT YOU'RE THE
FOURTEENTH.
WOMAN WHO'S HAD THIS MAYBE IT'S
NOT IT SEEMS LIKE IT'S ISOLATED
OR SEEMS LIKE IT'S NOT THE
REASONABLE WOMAN STANDARDS NOT
MET OR SOMETHING LIKE THAT BUT
IF YOU LOOK AT IT COLLECTIVELY
WITH ALL FOR. THIS STORY THAT'S
WE'VE THERE DO YOU KNOW OF
COURSE LOOK AT ARAFAT STATE.
IF IF WE AS LEGISLATORS SHOULD
BE LOOKING ON THE THE MAKING
SURE THAT REPORTS ARE MADE AND
INFORMATION IS AVAILABLE TO
HELP.
ESTABLISH THAT PERVASIVE OR MEET
A PERVASIVE STANDARD IN NOT BY
MY CHESS CHAMPION HERE WE WILL
BE HEARING FROM THE.
HEAD OF DEPARTMENT OF FAIR
EMPLOYMENT HOUSING WHO MAY ALSO
BE ABLE TO ADDRESS THAT'S IF YOU
WANT TO KEEP IT BRIEF THAT IS. A
QUESTION THAT WILL COME UP IN
THE NEXT.
SERIES.
SURE ALL A LEAD ON DIRECTOR.
ADDRESS THAT
AS WELL AS THE.
KIND OF INTERESTING THEY ISSUED
IN DEPTH.
BUT I WOULD SAYTHAT DATA
COLLECTION AND REQUIRE REPORTING
WOULD BE A VERY IMPORTANT PIECE
IN OUR PERSPECTIVE.
OF THE PUZZLE INTERNS OF
REQUIRING EMPLOYERS TO REPORT
THESE HEADS OF HARASSING
BEHAVIOR SUCH THAT THERE AREN'T
THESE REPEAT HARASSERS THAT
EMPLOYEES MAY NOT KNOW.
THEY'VE BEEN HARASSED IN THE
SAME HARASSER HAS COMMITTED A
SEX HARASSMENT.
ON SEVERAL OCCASIONS IN THE
PAST
SO I THINK REQUIRING EMPLOYERS
TO CUT IT MAINTAIN REPORT THAT
DATA WILL BE A KEY POLICY.
A PIECE TO THIS PUZZLE.
THANK YOU OUR SENATOR MORLOCK
FOLLOWED BY ASSEMBLYMEMBER
GARCIA.
THANK YOU MADAM CHAIR THANK YOU
MISS TENDER AYE YOU. ARE
APPRECIATED THANK YOU BROUGHT UP
THE PSYCHOLOGICAL TOLL USED TO
WORK TRAUMATIZING IT CENTER.
AND SO WHEN I WAS.
TREASURE FOR THE COUNTY OF
ORANGE.
AND THE ASSISTANT SHERIFF HAD
ABUSED.
SEVERAL FEMALE OFFICERS FOR THAT
WORKED ON THAT THE FORCE.
AND THEY'VE BEEN FILED FOR
DISABILITY.
RETIREMENT.
AND AS A BOARD MEMBER I HAD THE
PRIVILEGE TO READ.
THOSE.
DOCUMENTS THAT WOULD HAVE.
SUPPORTED.
BUT THEY COULDN'T TAKE YOUR
RETIREMENT AND IT WAS DIFFICULT
READING IT THAT THE
PSYCHOLOGICAL TOLL IS TRUE IS
TREMENDOUS EVEN TO THE POINT OF.
NO LEAVING THE WORKPLACE YOU YOU
MENTIONED.
SO. DO WE HAVE EXAMPLES OR.
I OF COUNSELING HOW DO WE HOW DO
WE TAKE CARE OF A VICTIM OR A
SURVIVOR HAD.
IS AN EMPLOYER REQUIRED TIP.
PAY FOR PROFESSIONAL SERVICES TO
HELP.
PLAINTIFF BRINGS US UP CHARGE OF
THIS REGIONAL LAWSUIT.
BASED ON SEX HARASSMENT.
AND PREVAILS.
DIFFERENT EXPENSES THAT SHE HAD
TO IN CURVES SUCH AS MEDICAL
EXPENSES PSYCHOLOGICAL.
MEDICAL EXPERT MEDICAL CARE.
WOULD GENERALLY PART OF THE
KIND OF DAMAGES EMPLOYER WOULD
BE REQUIRED TO.
PAY HOWEVER WITHOUT FILING SOME
KIND OF LAWSUIT THERE'S NO
AFFIRMATIVE OBLIGATION ON
EMPLOYER TO PROVIDE OR PAY FOR.
MEDICAL CARE PSYCHOLOGICAL
SERVICES FOR THESE VICTIMS OF
HARASSMENT AND I WILL SAY THAT
WE HEAR FROM WOMEN WE REPRESENT
WOMEN IN CASES OF SEXUAL
HARASSMENT WE ALSO HEAR FROM
WOMEN TO OUR HELPLINE. A WHO
CALLED WANT JUST BASIC
INFORMATION ABOUT THEIR RIGHTS
AND THE TOLL THAT IT DOES TAKE
ON THEM AS. WORKERS AND THEIR
ABILITY TO WORK IS IS VERY HIGH
AND OFF AND AS I MENTIONED NOT
ONLY KINDA MISSING WORK IT IS
HAVE TO KIND OF ESCAPE THE
HARASSER ABOUT OFTEN BEING
PUSHED OUT OF THE JOBS. AND I
THINK THAT ESPECIALLY IS KEY WE
TALKED A LOT ABOUT THE LOW WAGE
INDUSTRIES IN THE HIGHER WAGE
INDUSTRIES THAT ARE
TRADITIONALLY MALE DOMINATED
SUCH AS THE TRADES. IT'S
EXTREMELY HARD FOR WOMEN TO EVEN
GET INTO THESE INDUSTRIES OTHER
VERY UNDER REPRESENTED.
AND WHEN THEY DO MAKE IT ON TO
THE JOBS THAT THEY ARE ABLE TO
MAE IT ON THE JOBS THEY FACE
ALSO VERY HIGH LEVELS OF SEXUAL
HARASSMENT DISCRIMINATION.
SUCH THAT OFTEN THEY ARE PUSHED
OUT.
WHICH AGAIN FEEDS INTO THIS
ISSUE OF ECONOMIC INSECURITY IN
Y. SEXUAL HARASSMENT SO
INSIDIOUS.
TO WOMEN'S NOT ONLY
PSYCHOLOGICAL STATE BUT ALSO
THEIR ABILITY TO LEARN A NEW A
LIVING FOR THEMSELVES AND THEIR
FAMILIES.
SO WE'VE HAD.
UNIVERSALLY A TRAGEDY IN SAMMY
DON'T COUNTY SO.
THE COUNTY BRINGS IN
PSYCHOLOGISTS AND AND AND.
PROFESSIONALS TO HELP THOSE
BETTER VICTIMS ARE THERE
SOMETHING HAPPENED THAT THE
COUNTY WHEN I WAS A SUPERVISOR.
WE WOULD BRING SOMEONE IN TO
HELP. I'M JUST WONDERING IS
THAT.
REQUIRED TO SUCH TO COURTESY OR
SO IF SOMETHING HAPPENS HERE IN
THE BUILDING HOW DO WE.
WHAT IS THE STATE DOING TO TAKE
CARE OR SAYS SOMEONE WHO'S BEEN
VICTIMIZED?
A I DON'T BELIEVE ALTHOUGH I'M
ONE OF.
THE OTHER MEMBERS MIGHT CORRECT
ME I DON'T BELIEVE THERE'S ANY
AFFIRMATIVE OBLIGATION AT THE
STATE LEVEL ON IN STATE
EMPLOYMENT TO PROVIDE THOSE
KINDS OF SERVICES I THINK I'LL
BE A BEST PRACTICE. FOR AN
EMPLOYER WHOSE.
BEEN APPROACHED BY AN EMPLOYEE
WHO SAYS SHE SUFFERED.
IT'S MEANT THEY WILL BE A VOTE
DEATHLY BEST PRACTICE FOR THE
EMPLOYER TO OFFER.
PSYCHOLOGICAL SERVICES MEDICAL
SERVICES BUT I DON'T BELIEVE
THAT'S A REQUIRE.
OF OF OF THE LEGISLATURE.
THANK YOU THANK YOU MANAGER
THANK YOU A ASSEMBLYMEMBER
GARCIA HAD. THANK YOU.
.
IF F I AM TRYING TO PILE OF.
IF YOU EDUCATE ME ABOUT MY
RIGHTS INSIDE ANOTHER MY RIGHTS
HAVE BEEN VIOLATED BUT MY NEXT
STEP IN THAT. IS TO BALLOT IN
PLAIN OR TO GET AN ATTORNEY. HOW
EASY IS THAT PROCESS NORMALLY R.
HIGH INTIMIDATING AS THAT
PROCESS? LA I.
YOU KNOW I THINK ABOUT.
IN THE PAST NOT ON THIS ISSUE
BUT I ISSUES AND I TRY TO FIND
AN APPROPRIATE ATTORNEY THAT'S
BEEN PRETTY HARD FOR ME TO
FIGURE OUT.
EVEN IF I COULD AFFORD AND SO
DO WE HAVE THE EDUCATION OR SOME
ARE EACH INCLUDE ANY OF THAT AT
PRESENT TIME.
YOU RAISE A VERY IMPORTANT
POINT.
ACCESS TO ATTORNEYS FOR LOW
WAGE WORKERS IS VERY DIFFICULT
ON MANY TYPES OF DISCRIMINATION
OTHER KINDS OF CLAIMS AND THIS
IS NO EXCEPTION.
NOT ONLY IS IT HARD FOR WORKERS
TO FIND AN ATTORNEY BECAUSE THEY
CAN'T AFFORD A PRIVATE ATTORNEY.
SIMPLY AREN'T AND.
PUBLIC INTEREST ATTORNEYS IN NON
PROFITS TO TAKE THE NUMBER OF
CASES THAT EXIST.
BUT ALSO BECAUSE OF THIS
DIFFICULT STANDARD THE SEVERE
PERVASIVE STANDARD UNFORTUNATELY
MANY ATTORNEYS HAVE TO TELL
WOMEN I'M SORRY WHAT HAPPENED TO
YOU AND I HAD TO DO THIS AND
IT'S HORRIBLE. I'M SORRY WHAT
HAPPENED YOU IS AWFUL. UP BUT IT
LIKELY WOULDN'T MEET THE
STANDARD AND THUS WE CAN'T TAKE
THE CASE AND SO I THINK TAT'S
THE SECOND BARRIER IN ADDITION
TO THE COSTS AND ACCESS ISSUES
THAT EXIST. FOR ALL WORKERS LIKE
THINK THAT'S A PERFECT SEGUE TO
OUR NEXT SPEAKER.
SO.
ABOUT ONE LAST QUESTIONBUT WE
ARE NEXT SPEAKER WILL BE KEVIN
KIDS WHO IS THE DIRECTOR OF THE
CALIFORNIA DEPARTMENT OF FAIR
EMPLOYMENT AND HOUSING. AND HE
WILL TALK ABOUT AN OVERVIEW OF
SEXUAL HARASSMENT LAW IN
CALIFORNIA AND I SUSPECT WILL
ALSO ADDRESS THAT. CONCERN AS
WELL SENATOR LEYVA MADAM CHAIR
BUT I THINK YOU JUST A COVER
BEING HERE BUT THINKING MORE FOR
WHAT YOU DO EVERY SINGLE DAY FOR
WOMEN WE APPRECIATE YOU A LOT. I
HAD TWO QUESTIONS. I'VE COULD
YOU GO BACK TO.
YOU SAID SOMETHING ABOUT.
WE'RE TALKING ABOUT THE
PERVASIVE SEXUAL HARASSMENT HOW
HARD THAT IS TO PROVE.
AND HOW THIS WOULD AFFECT THE
OFFICES SEX
IT WERE YOU REFERRING TO PUTTING
YOURSELF IN SOMEONE HAVING MEN
PUT THEMSELVES IN THE SHOES OF
WOMEN.
AND YOU KNOW IF WE WERE TALKING
ABOUT
THERE ARE PARTS OF THEIR BODY
VERSUS OURS.
WHY THINK I MEAN ONE COMMENT
ABOUT THE FACT THAT THE
PSYCHOLOGICAL EFFECTS IN THE
SCHOOL REALLY ISN'T JUST EVEN ON
THE VICTIM THE SEX HARASSMENT
BUT EVEN? OTHER EMPLOYEES WHO
WITNESSING.
STUDIES HAVE SHOWN
PSYCHOLOGICAL EFFECTS ON THOSE
EMPLOYEES BUT I DO THINK THAT'S
A VERY IMPORTANT POINT THAT IN
ADDITION EDUCATED WORKERS ABOUT
THEIR RIGHTS AGAINST SEXUAL OR.
EDUCATING PEOPLE ABOUT BYSTANDER
INTERVENTION
AND WHAT TO DO IF YOU SEE SEX
HARASSMENT OCCURRING IN THE.
OF KNOWING THAT IT'S ILLEGAL
KNOWING THAT YOU SHOULD SPEAK
OUT AND THAT'S SOMETHING THAT
ACTUALLY IN THE TRADES OUTRAGE
WOMAN OF IN FACING SEX
HARASSMENT FOR EVER.
AND THERE'S BEEN SOME IMPORTANT
MOVEMENT CALLED BE THAT ONE GUY
IN CERTAIN YOU.
OF TRAINING MEN BECAUSE IT'S
PREDOMINANTLY MEN WHO WORK ON
THESE JOB SITES TO RECOGNIZE
SUCH HARASSMENT AND SPEAK OUT
ABOUT IT TO NOT ALLOW TO OCCUR.
WITHOUT BEING MENTIONED I
TOTALLY AGREE WITH THAT AND THAT
LEADS ME TO MY NEXT QUESTION
WE'RE LOOKING AT SUFFICIENT WAS
OFFICIALLY BURKE PERVASIVE.
BEHAVIOR AND WHEN I READ OVER
THE DOCUMENTS FOR TODAY I WAS
SHOCKED TO FIND OUT WHAT WE
DON'T CONSIDER.
PERVASIVE BEHAVIOR.
IF WE DON'T CONSIDER SOME OF
THESE THINGS PERVASIVE BEHAVIOR
DOESN'T THAT JUST PERPETUATE
WHAT MAINLY MEN SOMETIMES WOMEN
THINK IT'S OKAY IN THE
WORKPLACE.
ABOUT SOME OF THE THINGS WERE
QUITE SHOCKING ABOUT JUST
YOU KNOW REFERRING TO WOMEN A
VERY DEMEANING MANNER IF WE
DON'T CORRECT THAT BEHAVIOR. IT
NOT ONLY PERPETUATES IT BUT IT
LETS OTHERS THINK THAT IT'S O.
K..
I THINK THAT'S RIGHT I THINK
WHAT REALLY AT THE ROOT OF THIS
IS THE NEED FOR A REAL CULTURE
CHANGE AND WE'VE HAD LAWS ON THE
BOOKS FOR MANY MANY YEARS UP.
THAT MAKE IT ILLEGAL.
FOR PEOPLE TO BE SEXIER US TO
WORK.
BUT IT CONTINUES TO THIS DAY
AND SO I THINK REALLY GETTING AT
THE NEED FOR CULTURE CHANGE.
AT THE NEED FOR EMPLOYERS TO
TAKE A
AFFIRMATIVE SO
HAVE POLICIES THAT WILL BE.
THE BARE MINIMUM THAT THE LAWS
REQUIRED AND REALLY PROMOTE A
SAFE AND OF A SEAT SAY FOR PLACE
WHERE IT BEHAVIOR WHILE IT MAY
NOT RAISE A RISE TO THAT LVEL.
OF UNLAWFUL BEHAVIOR IS
COMPLETELY INAPPROPRIATE AND
SHOULD BE CLEARLY
LABEL THIS.
AGREED OVER JUST IN WITH THIS I
I LIKE THE BE THAT DUDE I'M BUT
I WOULD ALSO SAY FOR ALL OF US
WOMEN LET'S BE THAT WOMAN AND
WHEN WE SEE SOMETHING HAPPENING
TO ANOTHER WOMAN. LET'S BE THAT
WOMAN THAT STEPS IN AND SAYS HEY
THAT'S NOT OKAY BECAUSE SO MANY
WOMEN ARE AFRAID TO SAY ANYTHING
BECAUSE THEY'RE WORRIED THAT
THEY'LL BE RETALIATED AGAINST SO
IF WE CAN AS WOMEN HAVE EACH
OTHER'S BACK I THINK THAT THAT'S
INCREDIBLY IMPORTANT.
THANK YOU FOR ALL YOU DO JESSICA
YOU AND JUST TO ADD TO THAT AND
WE NEED TO JUPITER EDUCATED ARE
A EDUCATE OUR JUDGES.
I WANT PERVASIVE IS TO. IF WE IF
WE DECIDE THAT THIS IS STILL THE
APPROPRIATE STANDARD. SO WITH
THAT THANK YOU SO MUCH FOR YOUR
TESTIMONY A VERY MUCH
APPRECIATED I'M SURE WE WILL
CONTINUE TO WORK WITH YOU ON
THIS.
AND OTHER ASPECTS OF LEGISLATION
THAT'S GOING TO BE COMING DOWN
ON THE SUBJECT AND OTHER AREAS
WHERE WE ARE TRYING TO. AFFECT
THE CULTURE CHANGE IN OUR
SOCIETY THANK YOU SO MUCH.
OUR NEXT WITNESS IS KEVIN KISH
WHO'S THE DIRECTOR OF THE
DEPARTMENT OF FAIR EMPLOYMENT
AND HOUSING HERE IN CALIFORNIA
HE WILL TALK ON.
GIVE US AN OVERVIEW ON SEXUAL
HARASSMENT LAW IN CALIFORNIA AND
A PROBABLY ADDRESS SOME OF THE
ISSUES. AS WELL.
BUT. IT'S ALWAYS A PLEASURE TO
HAVE YOU AND YOU'VE BEEN A.
GREAT ALLY. OF WITH US ON THIS
ISSUE AND APPRECIATE THE YOUR
WILLINGNESS TO COME TODAY AND.
SHARE YOUR THOUGHTS WITH US.
BUT FUTURE JACKSON THANK YOU
COMMITTEE MEMBERS.
THE CALIFORNIA DEPARTMENT OF
FAIR EMPLOYMENT AND HOUSING AND
FORCES OUR STATE CIVIL RIGHTS
LAWS.
AND AS PART OF THAT MANDATE WE'D
TAKE COMPLAINTS.
WE INVESTIGATE THEM WE MEDIATE
THEM AND WE PROSECUTE COMPLAINTS
AND COURTS WHERE WE FIND MERIT
BUT CAN'T RESOLVE.
CAN'T RESOLVE THE CASE THROUGH
MEDIATION AND THESE INCLUDE
COMPLAINTS OF SEXUAL HARASSMENT.
I'M GONNA GIVE A BRIEF OVERVIEW
OF CALIFORNIA SEXUAL HARASSMENT
LAW WE'VE ALREADY HEARD SOME AND
I WANNA FOCUS SPECIFICALLY ON
AREAS OF OUR LAW THAT ARE
DIFFERENT THAN FEDERAL STANDARDS
WHICH ARE OFTEN MORE FAMILIAR.
BOTH TO EMPLOYERS AND EMPLOYEES.
IT TOOK A VERY LONG AND PUBLIC
FIGHT AS WE'VE HEARD A TO GET TO
THIS POINT.
WHERE WE UNDERSTOOD AS A
COUNTRY THAT WORKPLACE SEXUAL
HARASSMENT IS SOMETHING OTHER
THAN A PRIVATE?
A OFFENSIVE MATTER UNRELATED TO
THE TERMS AND CONDITIONS OF
EMPLOYMENT AND I THINK IT BEARS
REPEATING THAT IN THE NINETEEN
SEVENTIES AND REALLY UP UNTIL
THE VINCENT DECISION AND
NINETEEN.
EIGHTY SIX THE COURTS ROUTINELY
DISMISSED COMPLAINTS OF EVEN
SEVERE SEXUAL HARASSMENT ON THE
GROUNDS THAT.
SEXUAL DEMANDS IN THE WORKPLACE
WERE SIMPLY TO COMMENT AND TO
WIDELY ACCEPTED TO BE REGULATED
BY THE STATE.
BUT FOR MORE THAN THIRTY YEARS
NOW WE'VE UNDERSTOOD SEXUAL
HARASSMENT TO BE A FORM OF
DISCRIMINATION ON THE BASIS OF
SEX OR GENDER THAT MEANS.
THAT WE CONSIDER TO BE NOT JUST
OFFENSIVE ON A PERSONAL LEVEL
BUT TO BE A PUBLIC CIVIL RIGHTS
ISSUE JUST LIKE ANY OTHER FORM.
UNLAWFUL DISCRIMINATION
AND THE REASON FOR THAT IS
BECAUSE IT ACTS AS A BARRIER TO
OUR FULL PARTICIPATION IN THE
LIFE OF SOCIETY INCLUDING OUR
ABILITY. TO PARTICIPATE IN THE
ECONOMIC LIFE OF OUR SOCIETY
THROUGH WORK AND HERE I JUST
WANT TO. PAUSE FOR A MOMENT AND
SAY THAT AT THE DEPARTMENT FOR
EMPLOYMENT AND HOUSING WE ALSO
IN FOR SEXUAL HARASSMENT LAWS
AND HOUSING. AND ALTHOUGH.
WE'RE TALKING ABOUT EMPLOYMENT
LARGELY TODAY I DON'T WANT IT TO
BE FORGOTTEN THAT SEXUAL
HARASSMENT IS ALSO USED AS A
MECHANISM OF POWER AND.
AND HOUSING SITUATIONS AS WELL.
AND THE STANDARDS ARE THE SAME.
THROUGH THE FAMILIAR DEFINITION%
OF SEXUAL HARASSMENT THAT WE'VE
HEARD A LITTLE BIT. ARE ALREADY
TODAY IS NWELCOME CONDUCT OF A
SEXUAL NATURE CAN BE VERBAL IT
CAN BE VISUAL THE CAN BE
PHYSICAL AND IT GENERALLY TAKES
ONE OF TWO FORMS THAT HAVE BEEN
DESCRIBED BY COURTS WE'VE HEARD
ABOUT THE SIX QUID PRO QUO THIS
FOR THAT. WHERE A EMPLOYEE
SUBMITS TO UNWELCOME CONDUCT AS
A CONDITION OF EMPLOYMENT A
CONDITION OF BEING HIRED OR
REMAINING EMPLOYED GETTING A
PROMOTION? WHAT HAVE YOU?
THE OTHER FROM A PRESS MINUTES
HOSPO HOSTILE ENVIRONMENT
HARASSMENT WITH THE KIND A
DISTANCE TO BEER OR PERVASIVE.
BUT IT CHANGES THE TERMS AND
CONDITIONS OF WORK AND THIS TYPE
OF HARASSMENT CAN OCCUR I THINK
IT'S IMPORTANT TO NOTE. EVEN
WHEN THE CONDUCT IS NOT AIMED AT
THE VICTIM. IN OTHER WORDS YOU
CAN BE THE VICTIM OF SEX
HARASSMENT WITHOUT BEING THE
TARGET OF THE BEHAVIOR.
SEXUAL HARASSMENT IN CALIFORNIA
WORKPLACES IS PROHIBITED BY THE
FAIR EMPLOYMENT AND HOUSING ACT.
AND THERE ARE A NUMBER OF THINGS
THAT SET THIS LAW APART FROM THE
STANDARDS.
IN THE FEDERAL COUNTERPART
WHICH IS TITLE SEVEN OF THE
CIVIL RIGHTS ACT OF NINETEEN
SIXTY FOUR AND FIRST AND
FOREMOST THE FEDERAL LAW APPLIES
ONLY TO WORK PLACES A FIFTEEN OR
MORE EMPLOYEES.
WHEREAS IN CALIFORNIA ARE ANTI
HARASSMENT PROVISIONS OF THE LAW
APPLY TO EVERY SINGLE WORKPLACE
IN GENERAL THE FAIR EMPLOYMENT
AND HOUSING ACT APPLIES TO WORK
PLACES OF FIVE OR MORE EMPLOYEES
BUT WHEN IT COMES TO HARASSMENT.
A SINGLE EMPLOYEE OR A SINGLE
CONTRACTOR IS ALL THAT YOU NEED.
I'M FOR THE LAW TO APPLY.
IN ADDITION TO TRADITIONAL
EMPLOYERS THE LAW APPLIES TO
LABOR ORGANIZATIONS THAT MEANS
UNIONS.
EMPLOYMENT AGENCIES INCLUDING
TEMP AGENCIES AN APPRENTICESHIP
AND TRAINING PROGRAM SO IT'S
QUITE BROAD IN TERMS OF ITS
SCOPE. AND IT PROTECTS NOT JUST
EMPLOYEES AND APPLICANTS FOR
EMPLOYMENT BUT ALSO INTERNS AND
VOLUNTEERS AS WELL AS
INDEPENDENT CONTRACTOR SO UNLIKE
IN THE WAGE IN OUR CONTEXT FOR
EXAMPLE THERE'S NO.
A SAFE HARBOR IF YOU'RE
DISCRIMINATING AGAINST A AN
INDEPENDENT CONTRACTOR THE LAW
APPLIES TO THAT SITUATION AS
WELL.
UNLIKE IN FEDERAL LAW IN
CALIFORNIA EMPLOYER FEAST A
STRICT LIABILITY WITH NO
EXCEPTIONS WHEN IT'S A
SUPERVISOR OR ANOTHER AGENTS OF
THE EMPLOYER.
WHO ENGAGES AND HARASSMENT ON
WHETHER OR NOT THE EMPLOYER?
THE OF THE CORPORATE ENTITY NEW
OR SHOULD HAVE KNOWN IF IT
SIMPLY IF IT'S A SUPERVISOR HE'S
ACTING AS A AS AN AGENT OF THE
EMPLOYER THEN THE EMPLOYERS ON
THE HOOK.
AND ALL HARASSERS IN CALIFORNIA
WHETHER THEY'RE SUPERVISORY OR
NON SUPERVISORY EMPLOYEES.
MAY BE HELD PERSONALLY LIABLE
INDIVIDUALLY LIABLE FOR MONEY
DAMAGES.
BUT.
WHO?
ONE UNIQUE ASPECT OF OUR STATE
LAWS THAT ACTUALLY REQUIRES
EMPLOYERS TO TAKE AFFIRMATIVE
STEPS TO PREVENT HARASSMENT AND
TO CORRECT IT. WHEN IT OCCURS SO
EVERY SINGLE EMPLOYER IN THE
STATE IS REQUIRED TO DISTRIBUTE.
A BROCHURE OR A POSTER ABOUT
SEXUAL HARASSMENTWE CREATE THE
SUBJECT HUGE IT'S ON OUR
WEBSITE.
I'M FOR AN EQUIVALENT WRITTEN
DOCUMENTS
BUT WITH THE SAME INFORMATION IN
THAT DOCUMENT HOUSE INSTRUCTIONS
ABOUT HOW TO CONTACT US
AND SO IN THEORY EVERYONE WHO
GETS A JOB IN THE STATE.
SHOULD BE GETTING INFORMATION
ABOUT HOW TO CONTACT US THAT THE
DEPARTMENT OF FAIR EMPLOYMENT
AND HOUSING.
CALIFORNIA ALSO REQUIRES SEXUAL
HARASSMENT TRAINING AS WE'VE
HEARD THIS TRAINING
REQUIREMENTS.
APPLIES TO EMPLOYERS WHO DO
BUSINESS IN CALIFORNIA AND
EMPLOYEE ANYWHERE MORE THAN
FIFTY EMPLOYEES AND THE TRAINING
REQUIREMENT IS.
THE VISOR EMPLOYEES THE
REQUIREMENT IS FOR A MINIMUM OF
TWO HOURS OF SEXUAL HARASSMENT
TRAINING.
EVERY TWO YEARS FOR EACH
SUPERVISORY EMPLOYEE IN THEIR
DETAILED REQUIREMENTS ABOUT TO
THE TRAINING AND THE LAW.
AND FINALLY I WANTED DRAW
ATTENTION.
TO CALIFORNIA LAWS THAT ARE LESS
WELL KNOWN AND LESS WELL
UNDERSTOOD BENDER FIRMS LIMITS
AND HOUSING ACT IN THE FIRST IS
THE RALPH CIVIL RIGHTS ACTIVISTS
IS CODIFIED IT CIVIL COULD FIFTY
ONE POINT SEVEN.
OUR DEPARTMENT AYE ENFORCES THIS
LAW AS WELL.
AND THIS LAW PROHIBITS VIOLENCE
OR INTIMIDATION BY THREATS OF
VIOLENCE.
BECAUSE A PROTECTED
CHARACTERISTICS INCLUDING SEX
AND GENDER SO THIS IS OUR HEAT
VIOLENCE STATUTE BUT IT APPLIES.
TO SITUATIONS OF SEXUAL
HARASSMENT TO TAKE THE FORM OF
VIOLENCE OF ASSAULT OF RAPE WERE
OF THREATS OF VIOLENCE AND
INTIMIDATION BY THREATS OF
VIOLENCE.
AND SO WHEN THAT HAPPENS THE
RALPH CIVIL RIGHTS ACT COMES
INTO PLAY IN WHEN COMPLAINTS
COME IN OUR DOOR THAT ALLEGE THE
SEX OF.
WE ISSUE A COMPLAINTS BASED ON
THE FOR EMPLOYMENT AND HOUSING
ACT AND THE COMPLAINT BASED ON
THE ROUTE CIVIL RIGHTS ACTS
BECAUSE. UNDER THE ROUGH CIVIL
RIGHTS ACT THERE IS A MINIMUM
STATUTORY PENALTY OF TWENTY FIVE
THOUSAND DOLLARS IN ADDITION TO
ALL OTHER FORMS OF COMPENSATORY
DAMAGES. BUT OTHER LAWS PROVIDE.
CRUCIALLY THIS LAW THE PEOPLE SO
HAVE TO COME TO US AT THE
DEPARTMENT FOR EMPLOYMENT AND
HOUSING WITHIN ONE YEAR. A THE
LAW ITSELF HAS A THREE YEAR
STATUTE OF LIMITATIONS OF A A
VIOLENT ACT OF.
SEXUAL ASSAULT OCCURS IN THE
WORKPLACE THERE ARE THREE YEARS
TO COME FORWARD UNDER THIS
PARTICULAR STATUTE.
AND EVEN LESS WELL UNDERSTOOD
CALIFORNIA LAW IS CIVIL COURT
FIFTY ONE POINT NINE IN THE
STATE'S THE TO NINETEEN NINETY
FOUR. AND SENATE BILL SIX TWELVE
CREATED THE STATUTE RECOGNIZES
THAT SEXUAL HARASSMENT CAN OCCUR
NOT JUST IN
NATIONAL EMPLOYMENT OR HOUSING
RELATIONSHIP.
BUT IN PROFESSIONAL
RELATIONSHIPS OF ALL KINDS THIS
LAWS UNIQUE TO CALIFORNIA TO MY
KNOWLEDGE AND CREATE CIVIL
LIABILITY FOR SEXUAL HARASSMENT.
IN ANY BUSINESS SERVICE OR
PROFESSIONAL RELATIONSHIPS I
THINK LAWYERS AND THEIR CLIENTS
DOCTORS AND THEIR PATIENTS REAL
ESTATE AGENTS TEACHERS ANYONE
WHO'S IN THIS KIND OF ON GOING
PROFESSIONAL RELATIONS.
VERY FEW CASES HAVE BEEN BROUGHT
UNDER THIS LAW BUT I WANT TO
MAKE SURE THAT IT'S PART OF THE
CONVERSATION THAT THIS BODY
HOUSE WHEN WE'RE DISCUSSING
SEXUAL HARASSMENT IN CALIFORNIA.
THAT'S WHAT I HAVE THANK YOU
THAT LAST COMMENT BECAUSE I'VE
GOT A BILL SP TWO TO FOR. THAT
ADDRESSES A CERVICAL FIFTY ONE
POINT NINE AND SEXUAL HARASSMENT
IN PROFESSIONAL RELATIONSHIPS
WE'VE INCLUDED.
PEOPLE IN THE ENTERTAINMENT
INDUSTRY WE'VE INCLUDED PEOPLE
AND OF SILICON VALLEY WE'VE
INCLUDED LOBBYISTS.
WE ARE TRYING TO EXPAND THAT
AND HOPEFULLY BRING THE PUBLIC'S
ATTENTION TO IT SO THAT WE CAN
EITHER THROUGH LITIGATION OR
EDUCATION.
CONTAIN AND AND.
PREVENT THAT KIND OF BEHAVIOR
GOING FORWARD SO I DO APPRECIATE
THAT.
.
IF YOU'RE COMFORTABLE ANSWERING
THIS QUESTION OTHER THINGS IN
CALIFORNIA WITH RESPECT TO OUR
SEXUAL A WITH RESPECT TO SEXUAL
HARASSMENT I SHOULD SAY. THAT
YOU WOULD CHANGE.
I'M NOT SURE ABOUT TO BE
COMPLETELY FRANK.
I THINK THAT THE LEGAL STANDARD.
AS WE'VE HEARD IT DESCRIBED IS
A HUMAN STANDARD MEANING THAT
ANYBODY WHO HAS A WHO'S A FINDER
OF FACT IN HIS APPLYING THE LAW
TO A SET OF FACTS.
WHETHER THOSE.
BEHAVIORS THAT ARE ALLEGED ANY
PARTICULAR CASE ALTER THE TERMS
AND CONDITIONS OF EMPLOYMENT
WHETHER THE INTERFERE WITH A
PERSON'S ABILITY TO DO THE JOB.
IS IN SOME SENSE
A SUBJECTIVE DETERMINATION.
I'M SO I AGREE WITH THE
COMMENTS.
BY JESSICA STANDARD THAT WE
HAVE TO MAKE SURE THAT OUR
JUDICIAL OFFICERS UNDERSTAND THE
REALITIES OF THE WORKPLACE.
IN APPLYING THE LAW I'M I'M NOT
SURE THAT THE EXISTING STANDARD
IS NECESSARILY.
TWO WEEK IF IT'S INTERPRETED IN
A WAY I'M THAT RECOGNIZES THE
REALITIES OF THE WORKPLACE.
FAIR FAIR RESPONSE THANK YOU.
AND A DOES YOU KNOW WE KEEP.
REFERENCING DEPARTMENT OF FAIR
EMPLOYMENT AND HOUSING IS A
PLACE TO RESOLVE THESE. A LOT OF
THESE DIFFERENCES AND CONCERNS
AND TO PROVIDE LEGALS.
ASSISTANCE
PEOPLE WHO OTHERWISE MIGHT
BE ABLE TO
TESTS ON ATTORNEY.
UP DOES YOUR DEPARTMENT HAVE THE
ADEQUATE RESOURCES TO CARRY OUT
YOUR CIVIL RIGHTS MISSION AND IF
NOT.
DOES IT IMPACT YOUR ABILITY TO
HELP ADDRESS THE PROBLEM OF
SEXUAL HARASSMENT IN THE STATE.
I AM NO ONE IS EVER GONNA SAY NO
TO RESOURCES A. AYE AYE LIMITS A
COUPLE OF THINGS IT'S TRUE THAT
THERE ARE VERY FEW PRIVATE
ATTORNEYS WHO WELL REPRESENTS.
LOW WAGE WORKERS IN THESE TYPES
OF CASES AND THE REASON FOR THAT
IS THAT THERE ARE VERY FEW.
A LEGAL AID ATTORNEYS WHO DO
EMPLOYMENT LAW AT ALL IN
CALIFORNIA AND OF THOSE LEGAL
AID ATTORNEY.
THERE ARE VERY FEW WHO DO ANTI
DISCRIMINATION LAW.
IT'S A LOT EASIER TO RECOVER
UNPAID WAGES BECAUSE YOU CAN
COUNT THEM THAN IT IS TO.
RECOVER DAMAGES FOR SEXUAL
HARASSMENT.
I AM IN A LOW WAGE WORK PLACE.
SO I THINK THAT DOES ELEVATE THE
IMPORTANCE OF OUR DEPARTMENT
BECAUSE VERY FREQUENTLY THERE'S
NOWHERE ELSE.
BUT PEOPLE CAN GO PEOPLE CAN'T
TURN TO THE E. OC R. FEDERAL
COUNTERPART BOMB ONE ADVANTAGE
OF COMING TO THE DFV H. IS THAT
WE MUST COMPLETE OUR
INVESTIGATION.
SO IF YOU FILE WITH THE EEOC
YOU MIGHT STILL BE THERE FIVE
YEARS LATER.
.
BUT ONE OF THE THINGS THAT WE
CAN DO.
IS.
WE CAN INTERVENE IN WORKPLACES
EVEN WHERE A COURT MIGHT NOT
DECIDE THAT THE BEHAVIOR IS SO
SEVERE OR PERVASIVE TO CREATE A
LEGAL VIOLATION AND THE REASON
FOR THAT IS BECAUSE OF THIS
REQUIREMENT CALIFORNIA LAW THAT
EMPLOYERS PREVENT
DISCRIMINATION.
SO
IF WE GET A CASE THAT ALLEGES
FACTS THAT MAY NOT.
IN A IN A COURT OF LAW LEAD TO
LIABILITY WE CAN NONE THE LESS
I'M IN OUR OWN NAME REQUIRE THE
EMPLOYER TO ENGAGE AND.
ACTIONS THAT.
WOULD REMEDY OR OR PREVENT
HARASSMENT FROM OCCURRING EVEN
IF WE FIND THAT THERE HAS NOT
BEEN HARASSMENT SO IF THERE IS A
LACK OF IT ANTI DISCRIMINATION
POLICY WHICH THE REQUIREMENT OF
LAW IF THERE'S A NEED FOR
TRAINING.
WE CAN WORK WITH EMPLOYERS TO
PUT IN PLACE THESE TYPES OF
PROTECTIONS
WHAT I WOULD SAY IS A LOT OF
THIS. YOU KNOW I'M THINKING
ABOUT THE CAR.
AT ABOUT HOW ABOUT DATA AND HOW
DO YOU KNOW IF THERE ARE
MULTIPLE COMPLAINTS AND REALLY
THE ANSWER IS IT DEPENDS ON THE
QUALITY OF THE INVESTIGATION AND
HOW WIDE OPEN THAT. YOU CAST
WHEN WE GET A SINGLE COMPLAINT
FROM A SINGLE FAST FOOD
FRANCHISE
BUT SOMEONE HAS BEEN. SEXUALLY
HARASSED DO WE HAVE THE
RESOURCES TO SEND A TEAM AND TO
THE FIELD.
AND ASK
A EMPLOYEES PRIVATELY AND
CONFIDENTIALLY WHAT THEY'VE
EXPERIENCED VERY FREQUENTLY NOW
WE MAKE THAT DECISION.
THAT'S A HARD DECISION FOR US
TO MAKE BECAUSE WE DON'T HAVE
THE RESOURCES TO DO THAT IN
EVERY CASE.
BUT WHEN WE DO THAT SOMETIMES
WE FIND THAT INDEED.
BUT THAT'S THE CASE RIGHT THAT
THERE ARE FIVE OR TEN PEOPLE WHO
HAVE EXPERIENCED SIMILAR
BEHAVIOR SO THAT'S THE BEST WAY
THAT I KNOW TO ANSWER YOUR
QUESTION ON THE. LAST QUESTION
TO YOU.
DOES FEE HAW APPLY.
TO CALIFORNIA LEGISLATURE YES.
THANK YOU.
SENATOR MONNING.
THANK YOU MR KISCH APPRECIATE
YOUR TESTIMONY HERE TODAY.
A FEW QUESTIONS JUST DONE
PROCESS HOME.
SO. A WORKER AN EMPLOYEE WHO
BELIEVES THERE IS THE SUBJECT OF
SEX HARASSMENT. THEY COMPLACENT
PHONE CALL.
TWENTY BUREAU OFFICES IS THAT
RIGHT THAT'S CORRECT.
AND YOU KNOW HOW MANY COMPLAINTS
ROUGHLY RECEIVING YEAR ON SEXUAL
HARASSMENT ALLEGATIONS. I DON'T
HAVE EXACT NUMBERS AND I DON'T
HAVE THE NUMBERS FROM THE MOST
RECENT YEAR BUT IT'S IN THE
HUNDREDS NINE. AND HOW MANY
LANGUAGES TO PROVIDE TO ANSWER
THOSE CALLS I'M GLAD THAT YOU
ASKED. WE RECENTLY PUT IN PLACE.
A SERVICE WE CONTRACTED WITH A
WITH A OFFENDER CUDDLING WHICH
LINE THAT ALLOWS US TO DO
SIMULTANEOUS
INTERPRETATION INTO ANY LANGUAGE
IMMEDIATELY AND OUR STAFF HAS
BEEN USING THAT PARTICULARLY IN
OUR COMMUNICATION CENTER. PUTS
THE FIRST KIND OF LINE OF
CONTACT WITH THE PUBLIC THAT'S.
GREAT TO HEAR SO THAT FIRST
CONTACT CAN IMMEDIATELY BE. A
INCORPORATE AN INTERPRETER IF IF
NEEDED RACKED WITH NO DELAY.
AND THEN QUOTE PERCENTAGE OF
COMPLAINTS THAT YOU RECEIVE.
JUSTICE DEPARTMENT PURSUE THE
CASE A.
TO LITIGATION TO TRIAL OR TO
SETTLEMENT VERSUS JUST ISSUING A
RIGHT TO SUE LETTER TO THE
COMPLAINANT.
BUT QUESTIONS OTHER TWO
MECHANISMS FOR PEOPLE TO COME TO
US ONE IS FOR THEM TO REQUEST A
RIGHT TO SUE LETTER WHICH IS
WHAT ALLOWS THEM TO GO TO COURT.
VIEW DON'T NEED US TO DO
ANYTHING THAT'S AN AUTOMATIC
FUNCTION. AND THEY CAN LITERALLY
PUSH A BUTTON AND AND GET THAT I
JUST INTERRUPT
FOR THEM TO DO THAT USUALLY THEY
HAVE COUNCIL.
WHEN.
AVAILABLE TO HELP THEM PURSUE
THAT ALL OF OUR MATERIAL
STRONGLY RECOMMEND THAT ANYONE
DOING THAT ALREADY HAS A LAWYER.
WE HAVE NO IDEA HOW HOW
FREQUENTLY THAT'S TRUE BUT THEY
THEY DON'T COME THROUGH US SO.
UP I WOULD SAY A MAJORITY OF THE
EMPLOYMENT HITS IS THE COME
THROUGH OUR RIGHT TO SUE CASES.
I'M WE INVESTIGATE AND AGAIN I.
IN SEVENTY
NUMBERS YET BUT.
IS SOMEWHERE IN THE RANGE OF
FOUR FIVE THOUSAND CASES TOTAL.
EACH YEAR ARE CASES THAT ARE
FILED WITH US FOR INVESTIGATION
MEANING THE PERSON DOESN'T WANT
TO GO DIRECTLY TO COURT WITH
THEIR OWN LAWYER THEY WANT US TO
INVESTIGATE AND POTENTIALLY.
I'M TO TO MOVE FORWARD INTO
LITIGATION ALMOST ALL OF THOSE
CASES WHERE WE FIND MERIT. R.
RESOLVES AND IN MEDIATION I'M IN
SOME FORM OF NEGOTIATION.
SO I DON'T HAVE THE EXACT
PERCENTAGES BUT I CAN CERTAINLY
PROVIDE THAT TO YOU YET JUST BE
CURIOUS KIND OF.
NUMBER OF COMPLAINTS RECEIVED.
PERCENT THAT'S RIGHT TO SUE
LETTER AND THEN OF THOSE
INVESTIGATED ARM. PERCENT
RESOLVED THROUGH MEDIATION AND
NEGOTIATION A CAN A CASE BE
RESOLVED THROUGH MEDIATION AND
NEGOTIATION THEY CAN ALSO
INCLUDE SOME PENALTY AGAINST THE
EMPLOYER IF IF THE
INVESTIGATION.
LEAD YOU TO BELIEVE THERE'S BEEN
A. VIOLATION BUT SWEET SO.
BUT IT TAKE A STEP BACK FOR ONE
MOMENT AND JUST SAY THAT THAT
INFORMATION FOR PAST YEARS IS
ALL ON OUR WEBSITE IN THE FORM
OF OUR ANNUAL REPORT SO
ENCOURAGE PEOPLE TO GO THERE AND
THEN I CAN OBVIOUSLY. SOMEBODY
WAS WELL I'M.
ALL OF OUR SETTLEMENTS THAT
OCCUR ACTED YEP YOU EACH INCLUDE
SOME FORM OF WHAT WE CALL
AFFIRMATIVE RELIEF THAT MEANS
NOT JUST MONEY DAMAGES AND
SOMETIMES THERE ARE NO MONEY
DAMAGES AND SOME OF OUR CASES
BUT. TRAINING POSTING
REQUIREMENTS.
GOING TO SOME KIND OF.
DE SESSION WHERE YOU LEARN MORE
ABOUT THE RIGHTS OF YOUR
EMPLOYEES OR OF YOUR.
TENANTS ALL OF THIS OF THIS
TYPE OF RELIEF IS A MANDATORY
CONDITION OF RESOLVING CASES
WITH THE DEPARTMENT.
IN WHERE AN EMPLOYEE HAS BEEN
TERMINATED.
AND THEY BELIEVE IT'S
RETALIATION BECAUSE THEY FILED
THE COMPLAINT.
TO THOSE NEGOTIATED AGREEMENTS
EVER INCLUDE REINSTATEMENT
TIGHTER POSITION.
AND.
A SOMETIMES IN EMPLOYEE MAY HAVE
A RIGHT TO REINSTATEMENT.
BUT.
THE ENVIRONMENT IS SO TOXIC THEY
DON'T. WANT TO GO BACK.
TO WORK.
DO SETTLEMENT NEGOTIATIONS%
FACTOR THAT IN ON A RIGHT TO
RETURN BUT YOU'RE NOT YOU CAN'T
MANDATE SOMEBODY TO GO BACK TO
THAT WORKPLACE.
IT'S RATED MANY PEOPLE DON'T
WANT TO AFTER WHAT THEY'VE BEEN
THROUGH AND SO IN GENERAL AND IN
THE. TYPICAL SETTLEMENT
AGREEMENT YOU FACTOR THAT INTO
THAT MONEY DAMAGES RIGHT A
PERSON RECOVER SO OFTEN
COMPENSATION.
IS ADJUSTED BASED ON.
A A FINDING OF RETALIATION A
RIGHT TO RETURN. BEAT THE
EMPLOYEE.
FOR THEIR CONTINUED PEACE OF
MIND HER. HELP DOESN'T CHOOSE TO
GO BACK THERE. CORRECT.
THEN PERHAPS AT SOME POINT IF
THERE ARE ANY A MEMBERS WHO
WOULD LIKE.
TO GET MORE INFORMATION WE
COULD
EITHER SIT DOWN OR YOU COULD.
INVITE.
THE DIRECTOR.
TO GIVE FURTHER SPECIFICITY I
THINK DEFEAT AGES PLACE WE DON'T
OFTEN. REALIZE IS AVAILABLE
WHICH IS WHY I ASK MY QUESTION
HA IT'S A RESOURCE. AND OF
COURSE THE QUESTION THEN
BECOMES.
GIVEN THE NUMBER OF COMPLAINTS
GIVEN THE.
THE THE INCENTIVE THAT WE'RE
GIVING TO PEOPLE TO STEP FORWARD
AND USE OF A SERVICE.
YOU KNOW ALLOW THE LORD TO.
TO.
TO PURSUE THAT THE CLAIMS THAT
THE POLICY THE STATE HAS
INDICATED OR APPROPRIATE BY
PASSING THIS LAW THESE LAWS. DO
YOU HAVE THE ENFORCEMENT.
CAPABILITIES BECAUSE REPORT AND
A LOOK TO YOU.
TO BE OF ASSISTANCE IN THIS
REGARD WE NEED TO MAKE SURE THAT
WE DON'T JUST HAVE LAWS BUT THAT
WE HAVE THE ABILITY TO ENFORCE
ON SO. I HOPE THAT THAT WILL BE
ONE FINAL SHIP ONE FINAL
QUESTION AND SENATOR MORE LOCK
ON FALL BY SO MEMBER AS AN
EMPLOYMENT LAWYER.
WE OFTEN USE FEE HA AS PREFERRED
T. E. O. SCENE BECAUSE OF SOME
BROADER.
PROTECTIONS SIN REMEDIES SIN.
OFTEN MORE EXPEDITIOUS NAM.
BUT WE'VE HEARD TESTIMONY ABOUT
THE PARTICULAR PLIGHT OF LOW
INCOME WORKERS IMMIGRANT
WORKERS.
SO THE LANGUAGE CAPACITY IS ONE
STEP
BUT.
WHAT IF ANYTHING IS YOUR
DEPARTMENT OR IN COMBINATION
WITH THE LABOR COMMISSIONER'S
OFFICE DOING? TO AFFIRMATIVELY.
EDUCATE INFORM FARMWORKERS
CUSTODIAL WORKERS OTHER LOW
INCOME IMMIGRANT SERVICE WORKERS
OF THEIR RIGHTS AND PROTECTIONS.
IT'S A REALLY GREAT QUESTION AND
WE DO HAVE A STRATEGIC PLAN A
CENTRAL ELEMENT OF THE STRATEGIC
PLAN IS AFFIRMATIVE OUTREACH.
WE DO DO THIS ON NO BUDGET BUT
WE DO IT AND WHEN PEOPLE
REQUESTS A A SPEAKER FOR EXAMPLE
AT A FARM WORKER ROUNDTABLE.
OR SOMETHING ORGANIZED BY A
CONSULATE. AYE AROUND THE STATE
WE SEND SPEAKERS WHENEVER WE
CAN.
I'M WE DO HAVE OUTREACH
MATERIALS AS OUTREACH MATERIALS
HAVE BEEN TRANSLATED. ALWAYS
INTO SPANISH I'M AT THIS POINT
OFTEN INTO THE FIVE SO CALLED
GATEWAY LANGUAGES IN CALIFORNIA.
I'M AND SOME OF OUR MATERIALS
INCLUDING THE RALPH CIVIL RIGHTS
ACT MATERIALS ARE TRANSLATED
INTO MANY MORE LANGUAGES.
I AM OPEN TO ALL IDEAS ABOUT
HOW TO EFFECTIVELY CONDUCT
OUTREACH.
SOMETIMES I TWEET OUT TO MY
DOZENS OF FOLLOWERS I DON'T
THINK THAT'S REACHING. ABOUT THE
PEOPLE THAT WE NEED TO REACH I'M
SO WE DO HAVE A SPEAKERS BUREAU
AT SPEAKERS PANEL I'M WE SEND
PEOPLE OUT TO EDUCATE. ABOUT WE
CAN CERTAINLY DO MORE AND I'M
OPEN TO ANY IDEAS TO FIX HER.
BEST DO THAT.
HE'S SENATOR MORE LOT THANK YOU
MADAM CHAIR I. WILL WOULD BE
CAREFUL OUR ADDRESS THIS
BECAUSE.
.
IT WOULDN'T WE HAVE INDIVIDUALS
IN OUR SOCIETY THAT ARE SORT OF
LIKE REPEAT REPROBATE OFFENDERS.
THE CHAIR REFERRED TO ONE
PRODUCER DIRECTOR I THINK THE
LIST IS THREE HUNDRED NINETY
FIVE WOMEN. NOW THAT. IT IS JUST
THE BOGGLES THE MIND THAT THIS
GUY HAS BEEN. GOING ALL THESE
YEARS.
BUT. WE HAD AT THE COUNTY OF
ORANGE WHERE WE HAD.
A SUPERVISOR MANAGER.
AND HE WAS ON THE CITY COUNCIL
OF THE HOPES.
CITY HE BE.
HAD A RELATIONSHIP WITH ARNOLD
SCHWARZENEGGER BECAUSE THEY DID
A FUNDRAISER FOR HIM IN HIS
BACKYARD HE DID LUNCH ALMOST
EVERY MONTH WITH THE.
HR DIRECTOR.
AND HE. WAS ON A FIRST NAME
BASIS WITH ALL FIVE SUPERVISORS.
SO NGUYEN IS A VICTIM WOULD
COMPLAIN PIZZA HEY I'M I'M I'M
I'M A FRIEND OF THE SUPERVISORS
I'M A FRIEND OF THE GOVERNOR I'M
A FRIEND OF THE HR DIRECTOR AND.
THEY FELT.
THEY COULDN'T GO ANYWHERE UNTIL
IT WAS YOU KNOW WE TALKED FUNNY
REALIZE WHAT WAS GOING ON.
SO HE WAS A PROFESSIONAL.
YOU JUST HE REALLY KNEW HOW TO
LIKE AN ALCOHOLIC YOU NOT HIDE
IS HIS. PROBLEM SO MY QUESTION
IS.
I MEAN MY FRUSTRATION.
IS THAT WHEN IT ALL CAME OUT.
SOMEONE SAYS ALL YEAH WE HAD A
PROBLEM IT IS LAST EMPLOYER.
AND. AND AND HE'D HERE IN THE
CYCLE HOW COME.
YOU KNOW IN ALL THAT VETTING YOU
DO WHY DIDN'T WE GET THAT
PATTERN.
AND WHY DID WE CONNECT IN THE
GARBAGE HE LEARNED FROM HIS
MISTAKES AT THE LAST. AND
IMPROVE CREATED SOMETHING SO.
HOW DO WE HELP?
I DON'T GIVE A SCARLET LETTER OF
COURSE BUT HELP. EMPLOYERS.
BECAUSE.
YOU CALLED SAY HEY HOW WAS THIS
GUY WORK IN KOREA AND AND ALL WE
KNOW THEY MONEY JUST EASED HIM
OUT.
YOU KNOW TO AVOID EVERYTHING AND
THEY WON'T SAY NOTHING AND THAT
UPSET YOU THIS.
PERSON.
I MEAN WE HAD SOMEONE HERE WHO.
WAS A STAFFER HAD ISSUES AND RAN
AND GOT ELECTED IN. YOU KNOW THE
REST OF THE STORY IT'S BEEN IN
THE PAPERS HOW DO WE.
THE IBM DEBATE WE PUT THESE
PEOPLE ON A SEXUAL PREDATORS
LIST OR WHAT HOW DO WE.
HOW DO WE PREVENT IT FROM
CONTINUING SUMMER ALISON IT
ADDED?
BECAUSE I'VE BEEN A VICTIM.
SO TO SPEAK A OF NOT KNOWING
PRIOR BEHAVIOR.
IT'S A GREAT QUESTION I THINK
IT'S A HUGE QUESTION.
I WOULD SAY A COUPLE OF THINGS
ONE.
CHANGE COMES FROM THE TOP.
ONE THING THAT WE REALIZE AND
THE SEXUAL HARASSMENT TRAINING
THAT WE REQUIRE EMPLOYERS TO
PROVIDE IN CALIFORNIA IS.
IF THE TOP BRASS IS AN INVESTED
IN IT IF IT IS IMPORTANT TO THEM
IF THEY HAVEN'T.
COMMUNICATED DIRECTLY TO THEIR
WORKPLACE THAT V. NEED PEOPLE
TO.
BELIEVE IN THIS AND FOLLOW IT
AND REPORT WHEN THERE ARE
PROBLEMS BUT IT DOESN'T HAPPEN.
SO A MESSAGE THAT I THINK THAT
WE AS LEADERS CONSENTS TO
EMPLOYERS AROUND THE STATE AS.
IT'S GOT TO COME FROM THE TOP
AND THE FOLKS IN CHARGE HAVE TO
HAVE TO BE ON BOARD.
ANOTHER THING THAT I WOULD SAY
IS I'M ONE OF THE BENEFITS OF
WORKING AT THE DEPARTMENT IS.
IF WE FIND MERIT IN A CASE AND
WE RESOLVE THAT CASE THEN WE
SIGNED THAT SETTLEMENT
AGREEMENT.
DEFINITIONAL A WHEN WE AS A
STATE AGENCY SIGNED A SETTLEMENT
AGREEMENT IS A PUBLIC RECORD.
IN I BELIEVE ODD ABOUT IS
UNBELIEVABLY IMPORTANT THESE
LAWS ARE PUBLIC RIGHTS
I'M THEIR NOT JUST PRIVATE
CONTRACTUAL RIGHTS.
AND WHEN WE ENFORCE IT IS THE
PUBLIC PROSECUTOR THE REMAIN
PUBLIC AND THAT DOESN'T
NECESSARILY MEAN THAT WE ISSUE A
PRESS RELEASE IN EVERY CASE
THERE ARE MANY REASONS NOT TO DO
THAT INCLUDING THE PRIVACY. OF
SURVIVORS BOTTOM BUT IT DOES
MEAN THAT SOMEBODY CAN'T JUST
SIGNED A CONFIDENTIAL DOCUMENT
AND DISAPPEAR INTO THE NEXT JOB.
TIME AND THE FINAL THING I WOULD
SAY IN RESPONSE TO YOUR YOUR
QUESTION YOUR COMMENTS AS.
BYSTANDERS ARE IMPORTANT AND WE
HEARD THIS FROM JESSICA STENDER
AND THE TRADES.
SO THERE'S SOME THE CUP
BYSTANDER INTERVENTION TRAINING
WHICH IS YOU SEE SOMETHING AND
YOU SAY SOMETHING YOU DON'T
ALLOW IT TO GO UNREMARKED.
BECAUSE ONE OF THE THINGS THAT
WE REALIZE IS THAT WHEN WE DO GO
INTO A WORKPLACE THERE'S BEEN A
SINGLE COMPLAINT.
IT BECOMES PUBLIC THAT WE'RE
INVESTIGATING ALL OF A SUDDEN
EVERYTHING COMES OUT OF THE
WOODWORK PEOPLE WANT TO TALK BUT
THEY HAVEN'T SAID ANYTHING
BEFORE. BECAUSE THEY THE BENEFIT
AND THEY HAVEN'T SEEN SOMEONE
ELSE SAY SOMETHING THAT THOSE OF
US WHO AREN'T AFRAID AND THERE'S
ALWAYS SOME
HE'S NOT AFRAID.
THOSE OF US WHO ARE IN
POSITIONS OF POWER HAVE AN
OBLIGATION TO STEP FORWARD AND
SAY THAT SOMETHING'S WRONG WHEN
WE SAY IT'S WRONG.
WELL WE.
ONE EXERCISE GRADES BECAUSE WE
DON'T AND NOW. YOU KNOW WE ARE
HOPING SOMEONE CAN.
CHANGE THEIR BEHAVIOR BUT
SOMETIMES THEY CAN'T.
AND WHAT WOULD THAT THE D.
ASSISTANT SHERIFF KEY POSITION
IN THAT.
ONE OF THE LARGEST SHERIFF'S
DEPARTMENTS IN THE NATION HE
WENT ON.
TO GO TO KOSOVO WORK WITH THE
UN.
AND HE SHOWS UP IN THE LA TIMES
IS VISITING THE BORDELLOS IN.
AND IT'S LIKE THIS GUY JUST
CANNOT STOP SO.
EVEN THE U. N. NOW I WOULD SAY
THEY WERE OKAY AT THE TOP BUT
NOW THEY'VE GOT SOMEONE. IN IT
THAT EMBARRASSING PROBLEM.
SO WE'RE JUST.
JUST SOME WAITED.
STOP THE STOP THE MADNESS THANK
YOU VERY MUCH MISTER CASH BOOK
LAW TO WORK TO DO CENTER.
ASSEMBLYMEMBER GARCIA.
THANK YOU I HAVE.
.
A QUESTION OF YOU AND THEN A
PERSON OF MY CHAIR ACTUALLY
ABOUT YOU SEARCHES I WANT TO
MAKE SURE I UNDERSTAND
CORRECTLY.
WITH THESE MEDIATIONS AND
SETTLEMENT THAT HAPPENED.
THAT INFORMATION IS PUBLIC.
SOMETIMES THROUGH. A.
CASES CAN SETTLE ANY PART AT ANY
POINT IN OUR PROCESS SIMILAR
CASES FILED WE CONDUCT THE
INVESTIGATION WE CAN MEDIATE
DURING THAT PAYS BEFORE ANY
FINDING. HAS BEEN MADE ABOUT THE
RELATIVE MERITS OF THE OF THE
CLAIMS AND DEFENSES.
AND.
.
WHEN THAT GOES INTO A MEDIATION
PROCESS WE HAVEN'T MADE ANY
FINDING OF MERIT.
WE ALLOW THOSE SETTLEMENTS TO BE
CONFIDENTIAL IF THE PARTIES
AGREE ON IT.
ONCE WE HAVE MADE THE
DETERMINATION THAT THERE IS
MERIT TO A CASE THEN WE ARE
INVOLVED AS THE AS THE LEGAL
ENTITY AS THE PROSECUTOR THAT
MEANS WERE SIGNING THE
SETTLEMENT AGREEMENT. AND THOSE
AGREEMENTS ARE NOT PRIVATE
CANNOT BE MADE CONFIDENTIAL
UNDER EXISTING OUT LAW.
AND. IF THEY'RE GOING INTO MET
MEDIATION YOUR RECOMMENDATION IS
THAT. PARTIES HAVE AN ATTORNEY
WAS US THAT I HEAR THAT
CORRECTLY OR.
I COULD JUST BE GOING INTO
MEDIATION BY MYSELF AND. IT
DEPARTMENT WOULD NOT BE PART OF
IT AT.
IF WE HAVE AN ESTABLISHMENT YET.
IF THAT'S A GOOD QUESTION AND WE
HAVE A KIND OF INTERESTING.
.
STRUCTURE WE HAVE A DISPUTE
RESOLUTION DIVISION WE EMPLOY A
PROFESSIONAL MEDIATORS
BUT OUR FIRE WALLED OFF FROM THE
REST OF THE DEPARTMENT.
I'M SO A CASE CAN GO IT'S CALLED
VOLUNTARY MEDIATION MEANING NO
DECISION HAS BEEN MADE BY OUR
DEPARTMENT. ABOUT THE PARTIES
AGREE THAT THEY WANT TO TRY AND
RESOLVE IT THEY CAN GO BEFORE
ONE OF OUR PROFESSIONAL
MEDIATORS AND RESOLVE THE CASE
ON THEIR OWN TERMSNOW ARE
PROFESSIONAL MEDIATORS ARE THERE
TO ENSURE THAT THE INTERESTS OF
THE STATE. ARE ALSO UNFULFILLED
SO FOR EXAMPLE BE AFFIRMATIVE
RELIEF THAT I MENTIONED THERE'S
ALWAYS GOING TO BE SOME KIND OF
TRAINING OR.
POSTING OR SOMETHING I'M THAT
OCCURS.
BUT THE PARTIES CAN RESOLVE IT
ON THEIR OWN TERMS AT THAT STAGE
ONCE WE MAKE THE MERIT FINDING
THEM BE GOING TO WHAT'S CALLED
MANDATORY MEDIATION WE MUST
MEDIA BEFORE WE FILED IN COURT.
AND AT THAT FEES WERE INVOLVED
AS A PARTY. FLAMINGO GO BACK TO
BEFORE THE THAT THAT POINT. I
JUST WANNA KNOW AS THE VICTIM.
HOW PREPARED AYE MY LOOK KIND OF
RESEARCH SO I HAVE GOING INTO
KIND OF SUPPORT DO I HAVE?
IT IS POWER DYNAMICS MATTER
RIGHT AYE AYE MY BROTHERS AND I
COULD AFFORD OR.
HAVE LEGAL COUNSEL OR WHATEVER.
VERSUS.
I'M WALKING AND MAYBE A LITTLE
PLAINLY IN THEM MAYBE NOT THE
BEST CHOICE INTO THIS MEAN HOW
HOW DO WE BALANCE THAT PART THEY
NOW MAKE IN THAT PRIOR STEP. ARE
DOING. REPLACE A LOT OF TRUST IN
THE SKILL AND PROFESSIONALISM OF
OUR MEDIATORS.
A.
TO RECOGNIZE WHEN THERE'S A
SITUATION WHERE THEY SHOULDN'T
HAVE PEOPLE IN THE SAME ROOM.
WHERE THEY SING A DOCUMENTATION
BY PHONE SO THAT FOLKS NEVER SEE
EACH OTHER? CERTAINLY ONE OF THE
THINGS THAT WE'VE DONE IN THE
DEPARTMENT IS WHEN THERE IS AN
ALLEGATION OF VIOLENCE PEOPLE
ARE NOT BROUGHT INTO THE OFFICE
TOGETHER. ON THE MEDIATION IS
CONDUCTED IN A PLACE WHERE THERE
CAN BE SAFE.
SPACES I'M.
I DON'T HAVE A GREAT SOLUTION
FOR THE ISSUE THAT YOU'RE
RAISING I THINK IT WOULD BE
WONDERFUL IF EVERYBODY CAME TO
OUR MEDIATIONS WITH COUNSEL THAT
IS NOT THE CASE.
I JUST WANT TO MAKE SURE THAT.
.
WE THIS IS ABOUT POWER AND POWER
DIFFERENTIALS SOME VERY CLEAR IN
THE SOCIETY AND SOMETIMES A
STATE WE TRY OUR BEST WEEK.
IN OHIO WE COMPENSATE FOR FOR
THAT A LOT OF THE DISCUSSION
EVEN WHEN THEIR SETTLEMENTS WITH
WITHOUT A FAIR SETTLEMENT AND.
THE POWER DYNAMICS AND HOW DO WE
BALANCE BUT AS WE TRYING TO COME
UP WITH CREATIVE NEW WAYS TO
MOVE FORWARD.
AND MAKE MY NEXT QUESTION IS
WE'RE HEARING FROM.
MR KITSCH TODAY ABOUT HIS WORK
AT THE DEPARTMENT ARE WE GONNA
GET TO HEAR FROM ANYONE WHO HAS
USED THE SERVICES OF THE
DEPARTMENT OF THE HOUSE TO HOUSE
AND WORKED FOR THEM.
ON THE OTHER SIDE TO SIDE UNITS
LIKE.
WE YOU KNOW AB ATHLETES TALK
ABOUT THE LET'S ARE WE GONNA
HAVE WITNESSES.
SHARE THEIR EXPERIENCES.
GOING THROUGH AND USING THE
SERVICES OF THIS DEPARTMENT.
WE HAVE.
.
THE TESTIMONY OF A VICTIM BUT.
THAT HAS TO DO WITH THE COURTS
THE FOCUS.
.
A OF THIS HEARING IN PARTICULAR
IS TALKING ABOUT THE LEGAL
STANDARD AS IT APPLIES TO THE
COURTS.
THE IF HE AGE IS ONE OF THE
PLAYERS.
IN THAT REGARD AND PERHAPS WE
CAN HAVE A. ADDITIONAL TESTIMONY
AT SOME POINT OR A DISCUSSION
ABOUT HOW. WE CAN IMPROVE TFE
H.'S. ABILITY TO ASSIST IN THIS
AREA BUT THAT IS NOT. A PART OF
THE HOOD ANY ADDITIONAL
DISCUSSION IS NOT PART OF THE
AGENDA HERE TODAY BUT CERTAINLY.
THE FE H. IS A KEY PLAYER A KEY
RESOURCE THE LAW IS AVAILABLE
THROUGH DE FE AGE.
AND I'M SURE THERE ARE OTHER
QUESTIONS THAT WE COULD CONSIDER
GOING FORWARD BUT NOT TODAY. WHO
WOULD JUST LIKE TO SPARE BUT
JUST AS WE MOVE FORWARD AND AND
THIS IS THIS PROCESS IS GOING TO
BE ONGOING FOR MONTHS?
AND ACTUALLY LONGER THAN.
PROBABLY A LOT OF OUR TENURE
HERE AND SO I AM ALSO MINDFUL OF
THAT BUT I DO THINK THAT IN
HAVING MR CAN SHARE HAVE LEARNED
A LOT MORE ABOUT THE DEPARTMENT
SO. IF THEY DO TRAINING
INDIVIDUALS MAKING THEM AWARE
WHICH DO I REACH I THINK DOES
HOLD MERIT OVER THEY SAME TOKEN
ATTEMPT AT THIS WHERE I'M GONNA
BE SENDING MORE AND MORE PEOPLE.
I ALSO WANT TO KNOW THAT.
HOW DO WE ALL OF US INCLUDING
CALIFORNIANS AT THE FOUR FIVE A
THERE'S A MOMENT FOR ALL OF US
TO DO BETTER RIGHTS I DO WE MAKE
SURE? WE DO THAT BETTER AND AND
THAT MIGHT INCLUDE BETTER
INCLUDING WE GIVE ME MORE
FUNDING AND RESOURCES I YOU KNOW
I GET THAT IT'S A TWO WAY
STREET.
WHEN THE LEGISLATURE BUT I THINK
IT'S IMPORTANT THAT WE TALK TO
FOLKS WHO ARE USING THE
SERVICES.
AND AND DO HIS PRESENTATION
HERE THOSE QUESTIONS HAVE NOW
COME TO MIND WHEN THE SPECIAL
YES I WANT TO MAKE SURE THAT WE
HAVE.
THE POWER THEY NOW MAKES
AS BALANCED AS POSSIBLE AND ó
TRY TO GET TO THAT POINT AND
WE'RE NEVER GONNA GET THERE AT
LEAST NOT MY TENURE. IN A HERE
BUT.
YOU KNOW I DO APPRECIATE YOUR
TESTIMONY IN AN EDITING THERE SO
RESOURCE HERE BUT I JUST FEEL.
THING WE WERE LOOKING AT OUR OUR
HOUSE TO LOOK AT WHAT'S GOING ON
THERE TO MAKE IT BETTER I WOULD
LOVE TO HOST YOU OR YOUR STAFF.
DIRECTOR YOU ARE ON THE MAP.
AND ITHINK THIS IS A RESOURCE
THAT HAS BEEN UNDER UTILIZED AND
UNDER RECOGNIZED AND AND I DO
CERTAINLY WELCOME ADDITIONAL.
OPPORTUNITIES AND I'M SURE YOU
DO AS WELL TO TO SHARE THE. THE
WORK THAT YOU'RE ANTI AGENCY
DOES.
WE HAD ASSEMBLY WOMAN BAKER AND
THEN WE'LL WE'RE GONNA HAVE TO
MOVE ON.
TO OUR NEXT. SPEAKER IF YOU
COULD KEEP IT SHORT WE CAN ALLOW
BUT ONE MORE QUESTION BUT I'M
WAIT I'M NOT DOING THIS.
ASIDE PROMISED A BUT THE
DISCUSSION I THINK IS VERY
FRUITFUL A ASSEMBLYMAN THANK YOU
AYE MA'AM CHERRY JUST VERY
BRIEFLY AYE I DO WANT TO
UNDERSCORE HOW. A GRATEFUL WE
ARE FEW TESTIMONY WE ALL HAVE AN
OPPORTUNITY TO RAISE AWARENESS
OF THE RESOURCE.
THAT THAT WE HAVE BEFORE US FOR
CONSTITUENTS IT DOESN'T TAKE A
BILL IT DOESN'T TAKE A
BUREAUCRACY TO DO THAT BUT
REALLY UNDERSCORE HOW IMPORTANT
IS THAT WE HEAR FROM PEOPLE WHO
HAVE TO GO THROUGH THAT PROCESS.
AND.
ANYTHING WE CAN DO TO MAKE SURE
THEY I APPRECIATE TEACHERS
OPENNESS TO DOING THAT WHEN WE
SEE SOMETIMES A FOR SCHOOL
BOARDS ARE CITY COUNCIL RATHER
ENTITIES WE THINK WE ALL KNOW
OKAY HERE'S WHAT THE PROCESS IS
BUT UNLESS YOU HEAR FROM THOSE
WHO HAVE TO GO THROUGH IT. WE'RE
NOT GONNA BE COMPLETED OUR
SOLUTIONS I THINK A.
I MEMBER GARCIA FOR MENTIONING
THAT AND ANYTHING WE CAN DO TO
MAKE THAT POSSIBLE WE MAY ALL
HAVE CONSTITUENTS IN OUR
DISTRICT WHO HAD TO GO THROUGH
THIS PROCESS. THAT WE CAN HELP
BRING FORWARD AND CONNECT THAT
OFFER THAT AS WELL THANKYOU
THANK YOU AND WE WILL DO THAT.
THIS THAT WE DO HAVE OF THE
TESTIMONY COMING FROM SOMEONE
WHO WENT THROUGH A COURT
PROCESS.
TODAY A CERTAINLY OTHER MANY
MANY MORE QUESTIONS AND MUCH
MORE I THINK THAT WE COULD
ACCOMPLISH. A IN FOCUSING ON THE
WORK AND LOOK FORWARD TO IT AS
WELL I ASSUME ACCUSE ME SENATOR
WENT. VERY BRIEFLY IF YOU COULD
AYE YES. I AM YOU MENTIONED
EARLIER.
WHEN SENATOR MINING ASK YOU
QUESTION THAT THE YOU RECEIVE
ABOUT HUNDREDS OF CALLS.
A YEAR.
HUNDREDS OF SEXUAL HARASSMENT
COMPLAINTS COMPLAINTS.
A I AM YOU MIGHT NOT BE A CHANCE
THE QUESTION TODAY BUT I WOULD
BE CURIOUS TO KNOW ON OF THOSE
HOW MANY OF THEM IN DIFFERENT
LANGUAGES. THEY THINK IS THAT WE
ALSO NEED TO BE.
BRIAN OUR REACH
TO THOSE WHO THE ONE WHO FEARS
THE MOST OF THOSE WHO DON'T ARE
ENGLISH AS A SECOND LANGUAGE.
AND I THINK THERE'S AN
OPPORTUNITY FOR US TO MAKE SURE
THOSE INDIVIDUAL ALSO KNOW THE
LAW.
ALSO KNOW THEIR RIGHTS.
I'VE SO THAT THEY CAN FEEL
COMFORTABLE ENOUGH TO GO TO A
GOVERNMENT AGENCY.
FILED A COMPLAINT AND SO.
IT KNOW I WOULD BE AYE I'M
CURIOUS TO KNOW OF THOSE
COMPLAINTS IS THEIR WAY TO KNOW
HOW MANY OF THEM ARE SEEN
SPANISH. HOW MANY OF THEM ARE
IN?
YOU KNOW ENGLISH IS SAYING I
SEEM VIETNAMESE OR KARINA
EXAGGERATED OF THAT WOULD BE
HELPFUL FOR US NO OF IF THEY'RE
ALL IF THERE'S HARDLY ANY THEN I
THINK WE. HAVE TO REALLY DIVE
INTO HELPING BECAUSE I I I WOULD
ASSUME THERE BE A LOT.
I WAS JUST A MATTER OF NOT
KNOWING YOUR RIGHTS EXPRESSLY
YOU MEAN IS ALL LEGAL EAST TO A
LOT OF PEOPLE WHO ARE NON LEGAL.
EXPERTS YET AMONG TO SOMEONE
WHOSE ENGLISH AS A SECOND
LANGUAGE MUCH BE MUCH MORE
DIFFICULT THAN YOU KNOW THAN WE
THINK.
I'M.
CLEAR EXACTLY RIGHT WE DO HAVE
THAT INFORMATION WE ARE NOW
TRACKING COMPLAINTS BY LANGUAGE
I DON'T HAVE IT FOR YOU TODAY
BUT I CAN PROVIDE IT. I'M
VIETNAMESE IS A GATEWAY LANGUAGE
OUR MATERIALS ARE IN THAT
LANGUAGE BUT WE NEED A LOT OF
HELP.
TO DO OUTREACH INTO THE
DIFFERENT COMMUNITIES DIFFERENT
LANGUAGE COMMUNITIES IN THE
STATE BECAUSE.
I DON'T THINK THAT WE HAVE. THE
NUMBER OF COMPLAINTS THAT I
WOULD EXPECT TO SEE FROM PEOPLE
WHO DON'T SPEAK ENGLISH.
THANK YOU AND AND A LOT OF THAT
IS EDUCATION A LOT OF THOSE
RESOURCES BUT WE'RE HERE TODAY
AND WERE OPENING THE DISCUSSION
AND I APPRECIATE ALL YOUR GOOD
WORK AND LOOK FORWARD TO
CONTINUING TO WORK WITH YOU
THANK YOU DIRECTOR. THANK YOU
FOR OUR NEXT.
WITNESS IS NO WE'RE GONNA HAVE A
VIDEO
OF THE THIRD WITNESS TODAY'S
PATRICIA VARGO.
THIS MAY NOT BE FROM DEPARTMENT
FOR EMPLOYMENT HOUSING BUT THIS
IS THE TESTIMONY OF A WOMAN WHO
WENT THROUGH THE COURT SYSTEM.
I SHE WAS A VICTIM OF SEXUAL
ASSAULT IN HER WORKPLACE IN
CALIFORNIA SHE'S ONE OF THE. OF.
THE MINORITY OF VICTIMS WHO
ACTUALLY SUED FOR SEXUAL
HARASSMENT.
I CASES BROOKS VERSUS SAN MATEO.
A SHE'S NOT WITH US TODAY
DIRECTLY BECAUSE SHE LIVES IN
CONNECTICUT AND HER HUSBAND JUST
UNDERWENT SURGERY. THIS WEEK SO
SHE WAS UNFORTUNATELY NOT ABLE
TO JOIN US IN PERSON BUT SHE DID
WANT TO HAVE HER VOICE.
I HEARD TODAY SHE HAS SUBMITTED
A VIDEO IT IS BEEN EDITED FOR
THE SAKE OF BREVITY.
WERE REVVING IT UP NOW I JUST
WANT TO POINT OUT A COUPLE
THINGS BEFORE WE PLAY HER
TESTIMONY FIRST. AS A POINT OF
CLARIFICATION FOR THOSE OF YOU
WHO READ THE BACKGROUND PAPER
AND I'M SURE YOU ALL DID.
THAT THE COMMITTEE STAFF
PREPARED FOR THIS HEARING IN
THAT WAS DISTRIBUTED YESTERDAY.
HER STORY IS DISCUSSED ON PAGE
ONE OF THAT.
DOCUMENT IT STATES THAT SHE WAS
ASSAULTED BY HER SUPERVISOR.
NOW PATRICIA USE THE TERM
SUPERVISOR IN HER TESTIMONY AS
YOU WILL HEAR. BUT THE
PERPETRATOR IN THE COURSE OF THE
LEGAL PROCEEDINGS WAS ACTUALLY
TREATED AS A CO WORKER.
THIS DISTINCTION ACTUALLY MAKES
A DIFFERENT FOR THE LEGAL
ANALYSIS AS A DIRECTOR OF. A
CHESS MENTIONED.
DIRECTOR KITSCH JUST MENTIONED
UP BECAUSE THERE ARE DIFFERENT
RESPONSIBILITIES UNDER THE LAW
IF YOU ARE A SUPERVISOR THEN THE
EMPLOYERS AUTOMATICALLY LIBEL ON
THE THEORY THAT IS A SUPERVISOR.
HE OR SHE YEAR WHEN THIS CASE
CLOSELY HE IS ACTING AS THE
AGENT OF THE EMPLOYER IF IT IS A
CO WORKER THEN THIS THE EMPLOYER
IS NOT ASSUME TO BE. RESPONSIBLE
BECAUSE THAT CO WORKERS NOT
DEEMED TO BE IN A POWER POSITION
BUT AS A CO WORKER.
SO.
.
AGAIN.
THE THE REVISED BACK FROM PAPER.
TODAY A DISTRIBUTED TODAY
CLARIFIES THAT ERROR I'M NOT
SURE WHICH ONE IS ACCURATE BUT
FOR PURPOSES OF HER.
THE PRESENTATION TODAY PLEASE
NOTE THE DIFFERENCE.
SECONDLY SHE NOW WORKS AS A
PARALEGAL AND TO FACILITATE
HEARD TESTIMONY SHE ASKED ONE OF
THE ATTORNEYS AND HER FIRM.
OUGHT TO ASK FOR THE QUESTIONS
ABOUT HER EXPERIENCE SO THAT IS
THE OTHER VOICE THAT YOU WILL
HEAR ON THIS VIDEO IT IS AN
ATTORNEY. IN THE FIRM WHICH SHE
NOW WORKS AS A PARALEGAL SO IF
WE COULD CAN WE PLAY THE VIDEO
AND AND LISTEN TO THE TESTIMONY.
TRICIA VARGO.
THE MORNING I WAS WONDERING IF
YOU WOULD PLEASE WILLING TO
ADDRESS THE MADAM CHAIR OF
COMMITTEE MEMBERS IF I ASK YOU
SOME QUESTIONS.
CHAIRMAN MC PATRICIA BARGO.
FORMERLY KNOWN AS JUST BIRDS
ADVOCATES AGAINST A BRICK VERSUS
CITY OF CEMETERY. HERE.
WHAT DO YOU FELT THE LAW IN
YOUR CASE? IN THE BROOKS VERSUS
CEMETERY CASE.
BRING JUSTICE OR HELPED. PROTECT
WOMEN.
I DO NOT.
WILL HISTORY.
AS A.
TRY TO SOLVE THE.
SIR
I.
HERE FIRST IN ASKING.
HOW LONG HAD YOU BEEN A
DISPATCHER?
TEN YEARS
AND DURING THOSE TEN YEARS HOW
WOULD YOU PERFORM.
STELLAR THAT WHAT WHAT IF YOU
WERE CANNELLA YOU A SHINSEI.
THERE ARE VERY.
EVER GET A NEUTRAL ON.
NOT UNTIL AFTER I FILED A
COMPLAINT.
IT THOSE TEN YEARS BEFORE THAT
NIGHT DID YOU
GET.
ANY NEUTRAL OR NEGATIVE.
SO NEW EVALUATIONS
KNOW HAS A MINOR FACTOR. ORDER
DISPATCH
THE MAYOR.
GO TO THAT NIGHT CAN YOU TELL
US.
ABOUT WHAT WAS GOING ON THAT.
YOU WORKED.
.
WE'RE BUSY.
AND WHERE WERE MAKING
IF YOU THINK.
THREE DESCRIBE.
CENTER
FOR THE SHIFT.
WE'RE HAVING OUR HIKING
ACTIVITY IN THE NORTH END OF
TOWN WHERE.
ALL THREE
IT'S RATHER.
ALONG WITH THE SERGEANT
LIEUTENANT
CALLED OUT
TO A SYSTEM THAT CALLS.
SARS LEFT ALONG.
THIS FAX
AND THE BUILDING.
WITH
MUCH.
CO WORKERS.
AND ONE RECORD.
PERSON WHICH IS CLEAR FROM THE
FROM THE BILL.
HAS HE WAS.
BECAUSE
I WAS.
NO ONE CALL.
THAT REQUIRED A TRANSLATOR.
LATER.
AND
THROUGH THE CALL.
RIGHT.
SEE.
COMES OVER AND
PUTS HIS HANDS
UNDER MY STARTER IN TOUCH.
AND WHISPERS.
THAT WOULD SEEM VERY SAW.
VERY SAD.
PUSHING HIS HAIR AYE.
AND THE WAY I CONTINUE TAKING.
WHEN I.
HOMES.
WHILE YOU'RE.
AND THEN WHAT HAPPENED AFTER.
STILL USING THE TRANSLATOR.
SO ON AND I ONE CALL.
SEASON.
TRIPS MY
SHARE.
IT'S A WORRY CAN'T MOVE.
PROCEEDS TO TAKE HIS HAND AND
PUT IT DOWN.
SWEATER FROM THE.
I BROUGHT.
AND FROM THE MY BRASS.
AND THIS IS WHAT YOU'RE STILL
OUT OF.
CORRECT.
RUSTY
EARLY FROM HIS DINNER BREAK
CERTAIN DATES BACK
CHECK ME OUT CAN PUT ME INTO AN
INTERROGATION ROOM.
AND CALL.
THE HEAD SUPERVISOR THE
DISPATCH.
AND HE STARTED INTERROGATING ME.
STANLEY
AS I WAS UPSET.
THEY LEFT.
STEVE TO FINISH SHOPPERS SHARE.
HE LISTENED SO.
THE NEXT FEW DAYS WHAT HAPPENED.
THE NEXT MORNING.
RESERVE.
I TOLD HIM.
THAT THE WAY THE SCHEDULE IS
WORKING NOW.
THAT.
ZHONG LI BECAUSE HE'S GOING TO
BE LEFT ALONE IN THE DISPATCH
CENTER.
WITH WHAT HE DID TO ME.
AND THE OTHER ONE.
AND WHY DID YOU.
I DIDN'T WANT OTHER WOMEN TO BE
A SONG.
AND WHAT WAS THE RESPONSE.
YOU WORK
SERENDIPITY
OTHER WOMEN.
THEIR RISK
BEING ALONE WITH THE MAN WHO IS.
IT BASICALLY MADE ME FEEL.
DATE MON.
IT WASN'T.
I WENT DOWN.
REDWOOD CITY.
IT TURNS OFF
S. ANNOUNCED.
ON THE DISTRICT ATTORNEY'S
OFFICE.
EXPLAIN TO THEM WHAT HAPPENED
THEY IMMEDIATELY.
A CASE.
KNOW HOW MANY DAYS LATER.
HE WAS ARRESTED.
WHAT WAS THE RESULT WHEN HE WAS
ARRESTED?
IN THE
AND DIDN'T. LOOK.
AND DEVELOP.
DID THEY BRING A CASE
AND DINNER. AND AS A RESULT OF
THAT CASE TO
HE.
GET
OF THE CASE
RESTORED SOMETHING HAPPENED WITH
THAT CHART WENT TO JAIL FOR
HUNDRED AND TWENTY DAYS OF HIS
FELLOW.
AND WHEN HE WAS FOUND GUILTY HE
WAS CAN.
SALT.
WHERE?
THAT EVALUATION
SORRY DIDN'T MATTER VIOLATIONS
THEY STARTED.
WRITING.
FOR.
THE OTHER DESCRIBES
I MEAN FOR ENOUGH FOR.
AND I GOT TO THE POINT WHERE I.
PLEASE.
COULDN'T.
GOING ANYMORE.
AND I ONE NIGHT
I JUST CALLED ALLEN SAID.
DID I FILED A SUIT
SO.
I MEAN THE CITY IS SECRETARY.
WHICH ARE PLACED.
AND SO.
AND DURING THE COURSE OF THE.
WHAT WAS THAT?
YOU KNOW WHAT THE DEFENSE HOW
THEY DIFFER
AND THEMSELVES AGAINST. HERE
SOON.
I DON'T RECALL THE DETAILS I
JUST KNOW THAT I WAS.
SAID IT.
MOTION
SUMMARY JUDGMENT THEY ASK FOR
SUMMARY JUDGMENT.
IT'S THE LAW THAT THEY WERE SO.
WAS.
THEIR POSITION.
MATTER WHAT THESE.
YOU CAN'T WIN.
THOUGH.
CRIMINAL.
WILL THE SOFTER
THERE'S A THE SEVERE AND
PERVASIVE.
AND THEY'RE SAYING I DIDN'T MEAN
TESTING.
SO IF I'M UNDERSTANDING YOU.
THERE WAS.
THE MOST FOR SUMMARY JUDGMENT
BECAUSE.
DID NOT MEAN.
HERE AND FOR FACE
STANDARD.
AND AS A COP
QUESTS THEY THEN DISMISSED YOUR
CASE CORRECT IN TERMS OF
PERVASIVE WHAT THEY'RE ANY.
OTHERS WHO HAD EXPERIENCED
ANYTHING SIMILAR TO WHAT YOU
EXPERIENCED DOMESTICATION OR FOR
OTHER VICTIMS.
THAT BEFORE ME AND.
DIDN'T WANT TO COME FORWARD
WHICH IS A
SINGLE TO.
AND WAS THAT INFORMATION BROUGHT
FORWARD AT ONE TO THE.
CRIED
FEELINGS ABOUT.
KIND OF A RULING.
JUST FOR WOULD AFFECT.
OF WOMEN.
IT DOESN'T PERTAIN.
NEVER TAX
THE VERACITY
THE PROJECTS
I SUSPECT
THAT PROTECTS THEM TO BE ABLE
TO.
CONTINUE ON.
FULL SOULS.
CONTINUE ON AND.
EMPLOYMENT
THEY GET TO KEEP THEIR JOBS.
WHY?
WHAT THE WOMEN? FOR THE VICTIMS.
IF TO REBUILD THEIR LIVES.
CLICK HARD TO GET RIGHT NOW
I MOVED DOWN.
AREA TO. GET.
FOURTEEN YEARS AGO.
I NOW
WHEN WE BACKED.
NOW IS.
HER LEGAL PAD.
A VERY PROMINENT LAW FIRM.
IN CONNECTICUT.
IT'S ALL ACROSS.
COAST.
AND I ALSO WORK.
THE MOST DIFFICULT CASES OF
BRINGS AND.
LIKE.
THE PARALEGAL THEY DON'T TAKE.
THESE CASES FOR OUR.
TELL US
THEN WHY ARE YOU MAKING.
IF YOU
YOUR LIFE TOGETHER.
APPARENTLY HAVE
JULIAN PERSONALLY WHY ARE YOU
ADDRESSING.
THIS IS SO WRONG HIS LAWSUIT.
I HISTORY SO THAT VERY STRONG
WOMAN.
BUT THERE ARE WOMEN OUT THERE
THAT ARE.
WHAT HAS?
ALL OF THEM.
I'M GOING FORWARD.
EVEN IN CAN.
CONTINUE.
WE ASSAULT.
TAKEN
I'M ON CALL.
RIGHT HELP A CITIZEN.
AND THEN UP BE ALLOWED TO KEEP.
BOB.
AND MOVE ON.
THEIR LIVES.
AS.
SO.
.
THAT IS THE TESTIMONY OF A WOMAN
WHO WENT THROUGH THE WHOLE
PROCESS.
AGAIN SHE WAS ANSWERING A NINE
ONE ONE CALL.
.
THIS FELLOW.
.
DID YOU TIME IN JAIL THERE WERE
OTHER INSTANCES THE COURT FOUND
THAT IT WASN'T SEVERE OR
PERVASIVE.
I WILL I WILL INDICATE THAT IT
WAS A THREE JUDGE PANEL THREE
ZERO TO. DISMISS THE CASE.
A BUT THE LEAD AUTHOR OF THE
CASE WAS. A FELLOW NAMED
KACZYNSKI.
WHO?
HAS SINCE LEFT THE BENCH.
A UNDER THAT VERSION CLOUT OF
SEXUAL HARASSMENT. O. OVER A
NUMBER OF YEARS NOW THAT MAY OR
MAY NOT COLOR THE DISCUSSION.
A BUT TODAY WAS A THREE JUDGE
PANEL AND IT WAS A UNANIMOUS
THREE ZERO OPINION.
SO IN TERMS OF FULL DISCLOSURE.
BUT BUT YOU KNOW.
THERE ARE OTHER KACZYNSKI'S OUT
THERE I FEAR.
BUT NONE THE LESS.
THEN HE IF A FEDERAL COURT
JUDGE.
OF ON THE FEDERAL BENCH FOR
TWENTY TWENTY FIVE YEARS I THINK
A AND. HAD A LONG HISTORY OF
INAPPROPRIATE BEHAVIOR SIMILAR I
THINK CENTER MORE LIKE TO SOME
OF THE CONCERNS YOU'VE
ARTICULATED.
UP NOT AND ISOLATED A SITUATION
I SUSPECT BUT.
THAT IS THE WITNESS OUR
TESTIMONY OF A PATRICIA BARGO.
ON THAT ISSUE.
SO.
WE WILL MOVE ON NOW AND.
FAR NEXT PANEL A BY THE WAY IT
IS NOT EASY TO GET PEOPLE TO
COME FORWARD.
NO MATTER WHETHER THEY HAVE
ADJUDICATED THEIR CASES BUT SOME
VERY VERY DIFFICULT SUBJECT
MATTER.
.
AND I THINK WE HAVE TO RECOGNIZE
THAT IS WELL THIS IS NOT
SOMETHING WHERE PEOPLE CHOSEN
BUT THE OPPORTUNITY.
TO COME FORWARD. THEY WHATEVER
IT'S THE EMBARRASSMENT THE
HUMILIATION THE AT THE YEAR. THE
TRAUMA THAT STILL EXISTS AFTER
PERIOD TIME SO.
I APPRECIATE OUR STAFF WORKED
LONG AND HARD TO TO ACTUALLY
FORGET THIS.
.
OF VIDEO BECAUSE THIS WOMAN
WOULD OTHERWISE HAVE BEEN COMING
FROM. A CONNECTICUT.
TO TESTIFY.
WITH THAT LET'S GO TO THE NEXT
PANEL LEGAL PERSPECTIVES ON THE
STANDARD OF FOR SEXUAL ASSAULT
HARASSMENT THIS IS SO.
AGAIN DEALING VERY DIRECTLY WITH
THE SUBJECT MATTER OF THIS
HEARING ON. THE.
.
A EFFECTIVENESS THE EFFICACY OF
THE STANDARD THAT WE HAVE IN.
THE LAW ON SEXUAL HARASSMENT
AND.
WE'RE GOING TO GIVE THEM EACH
TWELVE MINUTES TO SPEAK THEIR
BOTH
SEASONED PRACTITIONERS ARE IN
EXPERTS IN THE FIELD OF SEXUAL
HARASSMENT LAW WE'RE GOING TO
START WITH. WINDING.
YOU SELL HIM I PRONOUNCE IT
PROPERLY. SHE IS A PARTNER IN
THE EMERYVILLE OFFICE OF STUART
MICHEL SPECIALIZING IN BOTH
EMPLOYMENT DISCRIMINATION AND
DISABILITY LAW.
AND HAS SPOKEN EXTENSIVELY ON
BOTH TOPICS USE THE CURRENT
PRESIDENT.
OF THE CALIFORNIA EMPLOYMENT
LAWYERS ASSOCIATION OF ORSON
SELAH. OF WELCOME WE ALSO HAVE
DAVID REES HE IS A PARTNER IN
THE SAN FRANCISCO OFFICE OF
ARNOLD AND PORTER. QUE AND
SHOULDER.
HE IS THE HEAD OF THE FIRM'S
LABOR AND EMPLOYMENT PRACTICE
GROUP AND THE AUTHOR OF THE
CHAPTER ADDRESSING HARASSMENT IN
THE WRITER'S GROUPS EMPLOYMENT
LITIGATION. PRACTICE GUIDE.
A THEY ARE BOTH PARTNERS AT LAW
FIRMS WE KNOW YOUR TIME IS QUITE
VALUABLE AND WERE HONORED AND
GRATEFUL THAT YOU BOTH WERE
WILLING TO. SHARE YOUR
PERSPECTIVES ON THE LEGAL
STANDARD AROUND SEXUAL
HARASSMENT.
WHAT'S WORKING WELL. WHAT IF
ANYTHING YOU THINK THE
LEGISLATURE MIGHT WANT TO
CONSIDER ALTERING? AND WHAT THE
BENEFITS
OR DRAWBACKS OF DOING SO MIGHT
BE SO WITH THAT. MISSOURI
MICHEL.
TWELVE MINUTES OF FLOOR ISSUERS.
FIRST I'D LIKE TO THINK THE
CHAIR AND THE COMMITTEE MEMBERS
FOR RAISING THIS INCREDIBLY
IMPORTANT ISSUE. I THINK THIS
DOES GET TO THE HEART OF WHERE
SOME OF THE PROBLEMS ARE WHEN IT
WHEN LITIGATING CASES OF SEXUAL
HARASSMENT SO I WANTED TO THANK
YOU FOR TAKE.
TO DO THIS STEEP DIVE IT IS BUT
SEE LIZ EXTREMELY HAPPY THAT BE
SORT OF HEARINGS ARE OCCURRING
IN THAT.
WERE ABLE TO HAVE OUR VOICES
HEARD. ON THE SIDE OF A
ATTORNEYS TO DAY IN DAY OUT WE
HAVE APPROXIMATELY THIRTEEN
HUNDRED MEMBERS STATEWIDE.
WHO REPRESENT WORKERS AND
DISCRIMINATION HARASSMENT
RETALIATION WAITING OUR
WHISTLEBLOWER AND OTHER
EMPLOYMENT MATTERS?
WE DO REPRESENT LOW WAGE WORKERS
REPRESENT IMMIGRANT WORKERS WE
REPRESENT STATE AND FEDERAL
WORKERS.
I'M ALSO IN ADDITION TO BEING A
PARTNER AT ST ME CELL. AND A
CHAIR OF THE CALIFORNIAN KLIMENT
LAWYERS ASSOCIATION I'M AN
ADJUNCT PROFESSOR AT THE
UNIVERSITY OF SAN FRANCISCO
SCHOOL OF LAW WHERE I ALSO WORK
WITH STUDENTS.
HOPING TO GET INTO EMPLOYMENT
LAW WHICH I'M VERY HAPPY TO DO
ALTHOUGH I'M SPEAKING ON BEHALF
MY PERSONAL. US STATEMENTS HERE
AND ALSO BEHALF OF THAT
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION ON BEHALF THE LOS.
SO I'D LIKE TO JUST TAKE A
MOMENT TO LOOK AT HOW WE GOT
HERE TO THE SEVERE OR PERVASIVE
STANDARD ON WHY I THINK THERE
NEEDS TO BE ADJUSTMENTS.
TO THAT STANDARD. OF WITH SOME
OF THE JUDICIAL DECISIONS THAT
HAVE COME OUT THAT. HAVE.
LOOKED AT THAT STANDARD WE
THINK INAPPROPRIATELY.
FIRST OF ALL THE HISTORY IS THAT
TITLE SEVEN OF THE CIVIL RIGHTS
ACT OF NINETEEN SIXTY FOUR.
PROHIBITS SEX DISCRIMINATION IT
WASN'T.
WHERE IT STATES IT SHALL BE AN
UNLAWFUL EMPLOYMENT PRACTICE
FOR AN EMPLOYER TO DISCRIMINATE
AGAINST ANY INDIVIDUAL TO
RESPECT HIS COMPENSATION? TERMS
CONDITIONS OR PRIVILEGES OF
EMPLOYMENT BECAUSE OF AN
INDIVIDUAL'S RACE COLOR RELIGION
SEX OR NATIONAL ORIGIN.
IT WASN'T UNTIL NINETEEN EIGHTY
SIX
AND THE MERITOR SAVINGS BANK
CASE VERSES BUT THEN SEN THAT
SEXUAL HARASSMENT AS A FORM OF
SEX DISCRIMINATION WHICH I THINK
IS AND.
TO TO NOTE WAS ACTUALLY
RECOGNIZED AS COLONIZE A BALL
UNDER THE LAW.
IT WAS AT THAT TIME THAT THERE
VAULT THIS SEVERE OR PERVASIVE
STANDARD THIS IS JUDICIALLY
CREATED. THIS IS NOT.
WHAT WAS INITIALLY IN THE
STATUTE IT IT'S ABOUT SEX
DISCRIMINATION THIS IS ONE FORM
OF SEX DISCRIMINATION?
IN LOOKING AT THE EVOLUTION OF
LIGHT THAT JUDICIAL STANDARD OF
SEVERE OR PERVASIVE IS THERE
CERTAIN FACTORS WHICH ARE
CONSIDERED.
THOSE FACTORS ARE THE FREQUENCY
OF THE CONDUCT.
THE SEVERITY OF THE CONDUCT.
WHETHER THE CONDUCT IS
PHYSICALLY THREATENING WHETHER
IT'S HUMILIATING A WEATHER WHICH
I THINK IS IS A.
A PROBLEM EVEN IN THE THE
FORMULATION OF THE US WHETHER
IT'S MERELY AS IF IT COULD EVER
BE NEARLY AN OFFENSIVE
UTTERANCE.
WHEN THERE'S DETERMINATIONS THAT
THERE'S NOT HARASSMENT. COURTS
OFTEN. SAY THAT IT'S ISOLATED.
HE'S IT'LL.
AND SPORADIC WERE ANOTHER
FAVORITE TRIVIAL AS IF SEXUAL
HARASSMENT COULD EVER BE
TRIVIAL.
UP THERE ARE SOME CASES WHO
WHERE WE THINK THIS WAS WENT
SPECTACULARLY WRONG.
AND ONE OF THOSE CASES YOU JUST
HEARD FROM THE PLAN FOR TODAY MS
VARGO.
AND SHE WAS IN THE BROOKS VERSUS
CITY OF SAN MATEO CASE.
AND IN THAT CASE A THE APPELLATE
COURT AS YOU NOTED THREE JUDGE
PANEL FOUND THAT THAT WAS A SEX
ASSAULT.
WAS NOT SEVERE ENOUGH IN ORDER
TO BE CONSIDERED SEXUAL
HARASSMENT WELL I THINK IF YOU
ASKED ANYONE ON THE STREET
ANYONE ON THIS UP HERE TODAY IN
THIS COMMITTEE. WOULD FIND THAT
TO BE AN ASTONISHING PROPOSITION
AND ONE THAT'S WRONG ON THE LAW
AND WRONG AS A MATTER PUBLIC
POLICY IN THE STATE OF
CALIFORNIA THINK WE CAN ALL
AGREE.
UP ANOTHER EXAMPLE OF WHERE IT'S
AT SPECTACULARLY WRONG. IS THE
KELLY BECOME CO CASE WHICH THIS
LEGISLATURE ALSO HAD TO ADDRESS
IN CERTAIN.
FACTORS WHICH I'LL ADDRESS ONE
THAT WAS A SAME SEX SEXUAL
HARASSMENT CASE.
MALE AGAINST MAIL. IN WHICH
THERE WERE THAT.
SEXUALLY EXPLICIT COMMENTS BY
SUPERVISOR CO WORKERS DESCRIBING
VIOLENT SEXUAL ACTS
THAT HE WOULD PERPETRATE ON THE
MALE SUBORDINATE. WHILE
OVERSEEING IS WORK AND THEY WERE
NOT FOUND TO TO MEET THE SEXUAL
HARASSMENT STANDARD ALSO. THE
COURT IN THAT CASE INDICATED
WHERE IT'S FOR SAME SEX SEXUAL
HARASSMENT.
SEXUAL INTEREST HAS TO BE
ANOTHER A THING THAT YOU MUST
PROVE. NOW THE LEGISLATURE.
THIS WAS A BILL I'M HAPPY TO
SAY THAT SEAL HAD SPONSORED.
WHICH CORRECTED THAT MISTAKE
THAT SEXUAL INTENT OR INTEREST
MUST BE. SOMETHING THAT AN
INDIVIDUAL IN THE SAME SEX
SEXUAL HARASSMENT CASE MUST
PROVE AND YOU CAN SEE HOW ABSURD
THAT AS WHAT DO YOU ASK THEM
WHAT SORT OF.
SEXUAL HISTORY THEY HAVE DO ASK
ABOUT THE* THEY LOOK AT I
MEAN IT'S ABSURD THAT YOU WOULD
EVER HAVE TO. ADDRESS THOSE
THINGS.
IN ANY SORT OF DEPOSITION R.
LAWSUIT. THE LEGISLATURE DID
CORRECT THAT ASPECT OF THE
DECISION.
ANOTHER CASE THAT WENT
SPECTACULARLY WRONG I THINK IS
THE LISLE VERSES WARNER BROTHERS
CASE THIS WAS A CASE.
WHEREIN.
AN INDIVIDUAL WOMAN IT WORKING
ON THE FRIENDS.
.
CHAU VERY POPULAR SHOW. AND SHE
WAS SUBJECTED TWO MALE
SUPERVISORS WHO PRETENDED TO
* IN HER PRESENCE.
DISPLAYED.
SEXUALLY EXPLICIT MATERIAL
WROTE WORDS ON SCRIPTS THAT I
PROBABLY SHOULDN'T SAY HERE.
WHICH HAD NOTHING TO DO WITH
THE ACTUAL CONTENT OF THE
SCRIPTED FRIENDS.
THE COURT FOUND THAT AGAIN.
THE SEVERE OR PERVASIVE
STANDARD WAS NOT NET IN THAT
CASE IN PART BECAUSE IF YOU WORK
IN HOLLYWOOD YOU SHOULD JUST
EXPECT A CERTAIN LEVEL. OF.
RACY LANGUAGE IS THE WAY THAT
THEY LOOKED AT IT AS OPPOSED TO.
EGREGIOUS SEXUAL HARASSMENT.
THESE ARE EXAMPLES WHERE I THINK
THE SEVERE OR PERVASIVE STANDARD
WAS INCORRECTLY.
.
UTILIZED BY THE COURT AND IN
THEIR CERTAIN DOCTRINES THAT GOT
US THERE.
ONE OF THE DOCTRINES THAT GOT US
THERE IS THE STRAY REMARKS
DOCTRINE.
THE STREAM REMARKS DOCTRINE IS
WHERE YOU HAVE WHAT IS OFTEN
DIRECT.
EVIDENCE OF DISCRIMINATION SO
COMMENTS CALLING WOMEN A*
FOR EXAMPLE HAS FOUND TO BE. NOT
A STRAY REMARK USING THE SEAWARD
A STRAY REMARK WE DON'T WANT
WOMEN IN THE WORKPLACE A STRAY
REMARK USING THE N. WORD A STRAY
REMARK.
NOW THIS DOCTRINE I THINK IS
EXTRA REMOTELY.
.
IT DESTRUCTIVE.
WHEN IT COMES TO CASES BECAUSE
WHERE. YOU HAVE.
JUDGES WHO ARE EVALUATING THIS
AND THE SUMMARY JUDGMENT STAGE.
AND THERE'S DIRECT EVIDENCE OF
DISCRIMINATION OR CIRCUMSTANTIAL
EVIDENCE OF DISCRIMINATION WILL
THEN IGNORING THAT EVIDENCE
WHICH IN ANY OTHER CASE WOULD
BE.
OUTSTANDING EVIDENCE TO
DEMONSTRATE YOUR CLAIM. AND
INDICATE WELL THIS IS JUST A
STRAY REMARK THIS DOES NOT
CHANGE THE TERMS AND CONDITIONS
OF EMPLOYMENT.
I THINK THAT. A ADDRESSING THAT
DOCTRINE.
WOULD ITS SIXTH.
ADDITIONALLY THIS ANOTHER
DOCTRINE THAT ARE UNDER THE
SEVERE OR PERVASIVE STANDARD
THAT I THINK IS EXTREMELY
DESTRUCTIVE.
AND AGAINST PUBLIC POLICY OF THE
STATE OF CALIFORNIA'S WHAT I
CALL DIFFERENT JOB DIFFERENT
JUSTICE.
SO IF YOU LOOK AT THE LISLE
VERSES WARNER BROTHERS CASE.
PART IS WHAT WAS DECIDED IN THIS
CASE AS TO WHY IT WASN'T SEVERE
PERVASIVE IS BECAUSE THIS WAS AN
ENTERTAINMENT.
I THINK WE CAN ALL AGREE THAT IF
A WOMAN WORKS AND ENTERTAINMENT
WE'VE SEEN HOW THAT'S WORKED OUT
RIGHT.
I THAT SHE SHOULD NOT BE OR HE
IF HE IS A SURVIVOR OF SEXUAL
HARASSMENT SUBJECT TO
DIFFERENTIAL JUSTICE BECAUSE
THEY HAVE A DIFFERENT JOB.
THIS ALSO COMES UP.
WHERE THERE'S WOMEN IN
CONSTRUCTION FOR EXAMPLE THAT'S
A MALE DOMINATED FIELD A THEIR
SUGGESTIONS THAT WHILE FEARING
CONSTRUCTION SURROUNDED BY MEN?
JUST EXT BACK
TO HEAR A EXTREMELY GENDER BIAS
DISCRIMINATORY AND HARASSING
LANGUAGE THAT IS NOT THE PUBLIC
POLICY OF THE STATE OF
CALIFORNIA. THAT IS NOT WHAT THE
CALIFORNIA FAIR EMPLOYMENT AND
HOUSING ACT
SAYS THAT THIS IS A JUDICIALLY
CREATED DOT OF DOCTRINE BUT I
THINK. WE NEED TO ADDRESS.
LOOKING AT VENTURE CAPITAL FIELD
I KNOW THIS IS SOMETHING THAT
IS.
BEING ADDRESSED IN IN.
VERY AND IN YOUR BILL.
.
IF YOU HAVE A MALE DOMINATED
FIELD VENTURE CAPITAL WHY
SHOULD.
A WOMAN WHO WANTS TO CREATE JOBS
FOR THE STATE OF CALIFORNIA FIND
A BARRIER SIMPLY BECAUSE IT'S A
MALE DOMINATED FIELD.
AND SHE SHOULD JUST EXPECT TO
HAVE.
LUNCHES.
AT PLACES LIKE STRIP CLUBS OR
THINGS OF THAT NATURE.
THERE SHOULDN'T BE DIFFERENTIAL
JUSTICE BECAUSE YOU HAVE
DIFFERENT JOBS.
.
THAT WOULD REINFORCE THE
DISSIDENTS SEXIST ENVIRONMENT
AND I THINK WE CAN ILL AFFORD
THAT AT THIS TIME AND NEVER
COULD.
ANOTHER PROBLEM WE HAVE IS THE
SUMMARY JUDGMENT STANDARD HOW
ITS UTILIZED IN EMPLOYMENT
DISCRIMINATION CASES.
AND I THINK A A REALLY GREAT
PLACE TO LOOK IS FEDERAL
DISTRICT JUDGE NANCY.
GARTNER IN TWENTY FOURTEEN HAD.
AUTHORED AN ARTICLE WHICH I
WILL PROVIDE TO THE PANEL. AND
SHE OF SAT ON A FEDERAL DISTRICT
COURT AND SHE RULED VERY OFTEN
ON SUMMARY JUDGMENT MOTIONS AND
SHE SAW PATTERN THAT EMPLOYMENT
DISCRIMINATION CASES
SPECIFICALLY RELATED TO
HARASSMENT IN THE RACE CONTEXT
AND ALSO IN SEXUAL HARASSMENT
CASES. WERE OFTEN DISMISSED
ADDED. A ALARMING RATE SHE SAW
BY HER COLLEAGUES AND I WONDERED
WHY THAT IS.
SO SHE LOOKED AT THAT ISSUE. AND
SHE FOUND.
THAT.
WHICH SHE CALLED IT A VIRTUAL
REPEAL OF THE CIVIL RIGHTS ACT
OF NINETEEN SIXTY FOUR. IN
INDICATED HOW TITLE SEVEN HAS
BEEN GUIDED BY CERTAIN OF THESE
JUDICIAL CONSTRUCTS
WHEN LOOKING AT.
EMPLOYMENT DISCRIMINATION CASES
SPECIFICALLY HARASSMENT AND
DISCRIMINATION.
SHE REVIEWED STUDIES AND AS WELL
AS ANECDOTAL EVIDENCE.
IN ONE STUDY IN GEORGIA NINETY
FOUR PERCENT OF CASES
WERE DISMISSED AND PARK WHERE
THEY HAD COUNCIL IS A HARASSMENT
AND IN HIGH RES HOSTILE WORK
ENVIRONMENT CASES. THEY WERE
DISMISSED ONE HUNDRED PERCENT OF
THE TIME.
LAST WE THINK THAT WE ARE SO
DIFFERENT FROM GEORGIA.
SHE ALSO LOOKED AT A TWO
THOUSAND AND NINE STUDY WHICH
FOUND SIMILAR ANTI PLAINTIFFS A
FACT IN THE NIGHT CIRCUIT WHERE
CALIFORNIA SETS.
THE TENTH CIRCUIT THE SECOND
CIRCUIT THE ELEVENTH CIRCUIT ON
THE FIRST CIRCUIT HAD SIMILAR
RESULTS THIS IS AN ENDEMIC
PROBLEM ACROSS THE UNITED STATES
AND INCLUDING IN THE STATE OF
CALIFORNIA.
SHE ALSO FOUND THAT VERDICT IN
FAVOR OF EMPLOYEES WERE REDUCED
ON THE MATTER.
THEN THE VERDICTS IN ANY OTHER
CASE THAT MEANS F YOU WHEN
LET'S SAY WHEN A CERTAIN AMOUNT
OF MONEY THAT THAT MONEY WILL BE
RESERVE WEEK. REDUCED
SIGNIFICANTLY AND OR REVERSED
COMPLETELY.
JUDGE BURTON R. DETAILED HOW
EVIDENCE IS TRIVIALIZED OF
EXPLICIT BIAS SHE'S PARTICULARLY
TALKS ABOUT THE STRAIGHT REMARKS
DOCTRINAS.
PROBLEMATIC.
AND GIVES A NUMBER OF CASES
WHICH DESCRIBE THAT.
WHICH SHE FURTHER SAYS THE
CUMULATIVE USE OF THE STOCK
DOCTRINES CREATE AN ATMOSPHERE
OF IMPUNITY WERE DISCRIMINATORY
BEHAVIOR WILL BE TOLERATED. AND
WILL NOT EXPOSE THE EMPLOYER TO
RISK
OVER AND OVER THE OPINION
SUGGEST WE WILL GIVE THE BENEFIT
OF THE DOUBT TO THE PERPETRATOR.
USING HIS CONDUCT WHILE
SUBJECTING THE VICTIMS
PERCEPTIONS.
TO A HIGHER STANDARD. SO WHAT WE
DO.
WHAT I THINK IS IS THE QUESTION
OF THIS COMMITTEE AND I THINK
THERE ARE NUMBER OF THINGS HE
CAN DO TO ADDRESS THE SEVERE OR
PERVASIVE STANDARD?
OF ONE OF THE THE THINGS TO DO
IS TO LOOK AT THE ORIGINAL TENS
OF THE LOT WHICH IS SEX
DISCRIMINATION SEXUAL HARASSMENT
IS A. FORM OF SEX
DISCRIMINATION.
AND THE HONORABLE JUSTICE RUTH
BADER GINSBURG'S CONCURRENT SEND
HARRIS VERSUS FORKLIFT SYSTEMS
CASE ADDRESS THE SOME PART.
SHE SAID THE ADJUDICATORS AND
INCREASE SHOULD CENTER
DOMINANTLY ON WHETHER THE
DISCRIMINATORY CONDUCT
HOUSE UNREASONABLY INTERFERES
WITH THE PLAINTIFFS WORK
PERFORMANCE.
CHAU SUCH INTERFERENCE THE
PLAINTIFF NEED NOT PROVE THAT
HIS OR HER TANGIBLE PRODUCTIVITY
HAS DECLINED. AS A RESULT OF THE
HARASSMENT. IT SUFFICES TO PROVE
THAT A REASONABLE PERSON
SUBJECTED TO THE DISCRIMINATORY
CONDUCT WOULD FIND.
AS THE PLAINTIFF DID THAT THE
HARASSMENT SO ALTERED WORKING
CONDITIONS AS TO MAKE IT MORE
DIFFICULT TO DO THE JOB I THINK
WE NEED TO KEEP THAT IN MIND.
FURTHER I THINK THAT LEGISLATURE
CAN DO THINGS LIKE HEATED IN
ADDRESSING CALLIE THE COMPO. TO
SAY THAT WHEN WE'RE LOOKING AT
THE SEVERE OR PERVASIVE
STANDARD.
THIS IS WHAT WE MEAN WE MAY
DISAPPROVE OF THE STRAY REMARKS
DOCTRINE THERE ARE THESE
PARTICULAR CASES THAT GOT IT
SPECTACULARLY WRONG AND IS
AGAINST CALIFORNIA PUBLIC
POLICY.
AND POINT TO THOSE CASES THAT
ACTUALLY GOT IT RIGHT.
A I THINK ADDITIONALLY. THERE'S
DIFFERENTIAL JUSTICE DEPENDING
UPON WHAT COURT REMAIN JUDGE YOU
GET.
THE STANDARD FOR SUMMARY
JUDGMENT IN SEXUAL HARASSMENT
CASES I THINK OUGHT TO BE LOOKED
AT PERHAPS WHETHER SOMETHING IS
SEVERE OR PERVASIVE OUGHT TO BE
AN ISSUE FOR THE JURY NOT A
JUDGE. GIVEN THAT WE FOUND THAT.
IT CAN BE SPECTACULARLY
INCORRECT.
I'M I THINK WE ALSO NEED TO LOOK
AT JUDICIAL APPOINTMENTS WHO'S
MAKING THESE DECISIONS DO WE
HAVE WOMEN. JUDGES DO WE HAVE
JUDGES OF COLOR DO WE HAVE
PEOPLE WHO HAVE BACKGROUNDS THAT
WOULD UNDERSTAND WHAT IT MEANS
TO BE HARASSED I THINK THAT'S.
IF YOU COULD WRAP UP THANK YOU I
THINK YOU MADE SOME GREAT POINTS
BUT WE DO HAVE TO. KEEP
SCROLLING IF YOU COULD JUST GIVE
US YOUR LAST.
WORDS OF WISDOM SURE IT IN TERMS
OF HOW I.
ARGUMENTS AGAINST CHANGING THE
SEVERE PERVASIVE STANDARD OR
FURTHER REFINING IT. PART OF
WHAT I'VE HEARD IS THAT IT WILL
LEAD TO NOT HIRING OF WOMEN OR
NOT MENTORING OF WOMEN
EXCLUDING THEM
IN THE WORKPLACE AND
OPPORTUNITIES.
I WOULD SUBMIT THAT THOSE ARE
THE SAME ARGUMENTS
THAT HAD BEEN USED. A TO A BAR
INDIVIDUALS WHO ARE NOT
CAUCASIAN FROM SCHOOLS FROM
PROHIBITING WOMEN.
FROM ENTERING THE WORKPLACE AT
ALL I WOULD SAY THAT'S A NON
STARTER AND AGAINST THE
FUNDAMENTAL PUBLIC POLICY THE
STATE OF CALIFORNIA.
THANK YOU VERY MUCH AND A MISTER
REISS IF YOU WOULD LIKE TO
PROCEED I THINK WE'LL HAVE SOME
QUESTIONS AFTERWARDS I WAS
ADVISED THAT WE DO HAVE A HARD
STOP AT ONE THIRTY FOR ONE OF
OUR WITNESSES IN THE NEXT PANEL
SO.
IF I SEEM TO BE RUSHING MY
APOLOGIES BUT MYSTERIES GO
FORWARD THANK YOU MADAM CHAIR
I'LL TRY TO KEEP MY REMARKS
BRIEF.
.
EXHIBIT BOXING EMPLOYMENT
OFFERED FOR TWENTY SIX YEARS
I'VE TAUGHT IT HASTINGS LAW
SCHOOL FOR TEN YEARS EMPLOYMENT
DISCRIMINATION HARASSMENT.
I THANK YOU FOR INVITING ME AND
IT'S IT'S A PLEASURE TO BE HERE.
OVER THE LAST SEVERAL MONTHS
WE'VE ALL HEARD THE DAILY
STORIES ABOUT THE TOPPLING OF
POWERFUL MEN WHO'VE COMMITTED
SEXUAL VIOLATIONS IN HOLLYWOOD.
IN THE MEDIATOR IN THE MEDIA IN
THE LEGISLATURE AND IN OTHER
INDUSTRIES I THINK THOSE STORIES
HAVE RESULTED IN LARGE PART
BEING HEARINGS LIKE THIS ONE.
AND I THINK IT'S A GOOD THING
IT'S ABOUT IT'S ABOUT TIME.
BUT IN MY VIEW THE PROBLEM IS
NOT THE CURRENT LEGAL STANDARD
FOR SEXUAL HARASSMENT.
BUT CURRENTLY AS A.
THE DEITY H..
DIRECTOR SAID THERE ARE TWO
TYPES OF HARASSMENT A QUID PRO
QUO IN THE A HOSTILE WORK
ENVIRONMENT. IN QUIPROQUO ONE
INCIDENT IS ENOUGH.
THAT'S THAT YOU SLEEP WITH ME
OR YOU LOSE YOUR JOB IS IS A
GOOD EXAMPLE.
WITH RESECT TO THE HOSTILE WORK
ENVIRONMENT WHICH IS WHERE THE
SUFFICIENTLY SEVERE PERVASIVE
STANDARD COMES IN.
THE HARASSMENT HAS TO BE
SUFFICIENTLY SEVERE PERVASIVE TO
AFFECT THE CONDITIONS OF
EMPLOYMENT AND CREATE AN ABUSIVE
WORK ENVIRONMENT.
AND IT'S A SLIDING SCALE.
SO THE MORE SEVERE THE CONDUCT
THE LESS FREQUENT IT HAS TO BE
IN THE MORE FREQUENT.
IT IS THE LESS SEVERE IT HAS TO
BE AND SO EVEN UNDER HOSTILE
WORK ENVIRONMENT THEORY ONE. ACT
CAN BE ENOUGH TO CREATE A
HOSTILE WORK ENVIRONMENT
PARTICULARLY IF IT'S A
SUPERVISOR.
AND ONE ACTS LIKE PHYSICAL
TOUCHING USUALLY QUALIFIES
GROPING ALL THE THINGS IT THAT
WE THINK ARE CLEARLY
INAPPROPRIATE.
IF IT'S.
OFF COLOR JOKES COMMENTS LIKE
THAT THAT'S WHERE THE CONDUCT
HAS TO BE MORE FREQUENT AND ONE
OFF COLOR JOKE THE IT IS NOT TO
MEET THE STANDARD. BUT IF YOU
SUBJECT SOMEBODY THAT KIND OF
CONDUCT ON IT ON A REGULAR BASIS
THAT'S WHERE YOU CAN CREATE THE
THE HOSTILE WORK ENVIRONMENT.
.
CASE.
AND COURTS CONSIDER THE TOTALITY
OF THE CIRCUMSTANCES A LOT OF.
CONDUCT.
BETWEEN MEN AND WOMEN IS
CONTEXTUAL AND SOME THINGS THAT
ARE WELCOME IN CERTAIN CONTEXTS
ARE NOT IN OTHER CONTEXTS.
I IN MY FORMER LIFE I WAS A
BASEBALL PLAYER AND. I GOT TAKEN
OUT OF BLOW AS A PITCHER TO TAKE
A LOT OF GAMES WHICH IS WHY I'M
SITTING HERE NOT.
PITCHING FOR THE GIANTS BOB BUT
WHEN THEY WOULD TAKE ME OF THE
GAME THE COACH WOULD OFTEN SLAP
ME ON THE REAR AND TAKE THE BALL
FROM ME. AND OBVIOUSLY IN THAT
CONTEXT THAT IT IS NOT THAT
SOMETHING THAT WOULD RISE TO
SEXUAL HARASSMENT SO A LOT OF IT
IS CONTEXTUAL IN A LOT OF IS IS
IS THAT CONTEXT SPECIFIC. AND I
THINK THE LAW TRIES TO SEPARATE.
BE TRIVIAL FROM AND THE BORDER
SH FROM THINGS THAT ARE TRULY
OFFENSIVE IN AN INAPPROPRIATE
AND IT'S NOT AN EASY TASK.
BUT I THINK CALIFORNIA COURTS
IN THE NINTH CIRCUIT HAVE
GENERALLY DONE A GOOD JOB
COMPARED TO OTHER COURTS AROUND
THE COUNTRY.
AND I THINK THIS OFFICIALLY.
SEVERE AND PERVASIVE STANDARD
HAS WORKED WELL.
AND I THINK THE COURTS TYPICALLY
ON SUMMARY JUDGMENT IF THERE IS
ANY QUESTION OF FACT THE COURTS
USUALLY WILL SAY WHETHER
SOMETHING IS SEVERE ENOUGH WERE
FREQUENT ENOUGH TO MEET THE
STANDARD. IS A QUESTION FOR THE
JURY.
THAT IS USUALLY SOMETHING THAT
IS NOT DECIDED.
BY THE COURTS IN OTHER WORDS
THE PRESUMPTION IS THAT UNLESS
IT'S A CLEAR CASE PLANTS WILL
GET THEIR DAY IN COURT ON THIS
ISSUE AND THE JURY WILL
DETERMINE WHETHER THE LET'S
CONDUCT IS SEVERE OR PERVASIVE.
ALL THE REPORTED CONDUCT THAT WE
HAVE.
BEEN READING ABOUT. INVOLVES
BEHAVIOR THAT IS WELL PAST THE
LEGAL LINE. AND FAR EXCEEDS THE
CURRENT STANDARDS FOR SEXUAL
HARASSMENT.
BUT CURRENT NEWS REPORTS WE'VE
ALL FOUND SO SHOCKING.
I WOULD LIKE INTO LEARNING THAT
LOTS OF PEOPLE ARE DRIVING
AROUND IN NINETEEN HUNDRED MILES
AN HOUR.
AND NO ONE IS REPORTING IT AND
IT'S CAUSING LOTS OF PROBLEMS.
THE QUESTION THEN IS WHETHER IN
RESPONSE.
TO THOSE REPORTS OF PEOPLE
DRIVING NINETEEN HUNDRED MILES
AN HOUR.
IS THE APPROPRIATE SOLUTION FOR
US TO LOWER THE SPEED LIMIT AND
SAY THAT SIXTY FIVE A FIFTY FIVE
IS IS TOO HIGH AND THAT REALLY
OUGHT TO BE LOWER.
THE SHOCKING CONDUCT THAT WE ARE
ALL SEEING. I WOULD SUBMIT TO
YOU EXCEEDS THE CURRENT SPEED
LIMITS BY FAR.
AND THE ISSUE IS NOT THAT THIS
BEHAVIOR FELL BELOW.
WHAT WHAT IS CURRENTLY UNLAWFUL
OR THAT IT'S IN SOME GRAY AREA
WHERE IT'S NOT CLEAR WHETHER
THIS BEHAVIOR WHERE WAS
COMPLIMENTING SOMEBODY ON THEIR
BLOUSE OR SAYING GOOD DAY IN A
WAY THAT WAS SOMEWHAT SUBJECT
SUGGESTED? A LOT OF THIS CONDUCT
WAS CRIMINAL.
AND THE PROBLEM IS THAT MY
STANDARDS WHO KNEW ABOUT THE
CONDUCT DID NOT REPORT IT.
AND THE VICTIMS COULD NOT FEEL
COMFORTABLE ENOUGH WERE POWERFUL
ENOUGH TO REPORTED THEMSELVES.
AND LOWERING THE SPEED LIMIT IS
NOT GOING TO FIX THAT PROBLEM.
SO I THINK WE NEED TO BE SO
AWFUL AND I THINK WE NEED TO BE
CAREFUL NOT TO BE OVERZEALOUS IN
OUR REACTION TO THESE RECENT
STORIES.
WE CAN ALL FIND EXAMPLES OF
JUDICIAL MISAPPLICATION OF THE
LEGAL STANDARD.
I THINK I SAID THE CALIFORNIAN
NICER GETTING A PERFECTLY GOOD
JOB.
BAD FACTS MAKE BAD LAW SOMETHING
LAWYERS SAY ALL THE TIME.
AND I THINK FOR EXAMPLE THE
BACKGROUND BRIEF AND THE
TESTIMONY THAT WE SAW VERY
POWERFUL AND VERY SYMPATHETIC
FROM THE WOMAN WHO WAS THE NINE
ONE ONE DISPATCHER.
.
I THINK WE'D BE CAREFUL BECAUSE
WE ACTUALLY DON'T READ DECADES
AND I AND I THANK YOU. MADAM
CHAIR FOR POINTING OUT THEM SOME
OF THE FACTUAL INACCURACIES AYE
I. TALK TO THE AUTHOR THE PAPER
WHEN I READ THAT BECAUSE I'M.
IT NUMBER ONE I THAT THAT DIDN'T
SEEM RIGHT TO ME I ALSO
SUSPECTED THAT WAS KIND OF AN
OLD CASE WHICH IT IS IT'S ABOUT
TWENTY YEARS OLD NOW. I DON'T
THINK THAT CASE BE DECIDED LIKE
THAT IN THIS DAY AND AGE TODAY.
BUT MORE IMPORTANTLY THAT CASE
IS NOT ABOUT. THE LEGAL
STANDARD.
THAT CASE WAS A SITUATION WHERE
IT WAS A CO WORKER AND NOT A
SUPERVISOR.
IF YOU ACTUALLY DON'T READ IT IT
WAS A SINGLE INCIDENT. VERY
EGREGIOUS BEHAVIOR AS WE HEARD.
WHERE THE EMPLOYER HAD NO
ADVANCE KNOWLEDGE NOBODY HAD
EVER COMPLAINED ABOUT THIS
PERSON?
IN IS SOON AS EMPLOYER LEARNED
ABOUT IT TO THE WOMAN COMPLAIN
THE NEXT DAY. BE IMMEDIATELY
SUSPENDED THAT GUY.
THEY PROCEEDED TO TERMINATE HIM
HE RESIGNED BEFORE HE CAN BE
TERMINATED.
HE ALSO WAS CONVICTED OF SEXUAL
ASSAULT WE SERVED HUNDRED TWENTY
DAYS IN PRISON.
THE PROBLEM BACK THEN IN TWO
THOUSAND ONE AND YOU GUYS HAVE
FIX THIS WITH WITH THE BILL IS
THAT INDIVIDUAL HARASSERS COULD
NOT BE LIABLE FOR HARASSMENT.
SO IN THAT CASE SHE TRIED TO
BRING A CLAIM AGAINST THE GUY
AND YOU TRY TO BRING A CLAIM
AGAINST THE EMPLOYER BUT YOU
COULDN'T SUE HIM BECAUSE
INDIVIDUAL HARASSERS WARRANT
LIABLE.
AND INNER CLAIM AGAINST THE
EMPLOYER.
WHAT THE COURT SAID IS THAT THE
EMPLOYER HAD NO KNOWLEDGE OF
THIS CONDUCT IT WASN'T BY A
SUPERVISOR IF THIS HAD BEEN A
SUPERVISOR? IT VERY WELL MAY
HAVE TURNED OUT DIFFERENTLY.
THERE WAS NO DISPUTE FROM THE
COURT THAT THIS WAS THE CREW
AGREE JUST CONDUCT THAT WAS
INAPPROPRIATE. BUT HE SAID TO
HOLD EMPLOYER LIABLE FOR THE
CONDUCT OF A NON SUPERVISOR IT
HAD NO KNOWLEDGE OF.
AND THAT IS SOON IS IT HEARD
ABOUT IMMEDIATELY SUSPENDED AND
TRY TO TERMINATE THAT PERSON.
WELL IT WAS NOT NOT THE LAW.
BUT THE EMPLOYER HAD REACTED
APPROPRIATELY AND THAT ONE
SINGLE INCIDENT LIKE THAT FROM A
CO WORKER THE TEMPLAR
IMMEDIATELY FIRES THE GUY.
WASN'T WAS IT NOT QUALIFY AS
THEM THE HOLY EMPLOYER LIABLE.
TODAY I AM NOT SURE THAT WOULD
COME OUT THE SAME WAY CLEARLY
THAT WE'RE SUPERVISOR WOULDN'T
COME OUT THE SAME WAY. AND TODAY
YOU COULD SEE THAT INDIVIDUAL
HIMSELF BECAUSE YOU GUYS AFFECTS
ALONG THAT.
WE ALSO NEED TO BE CAREFUL I
THINK. NOT TO ATTEMPT TO MAKE
UNLAWFUL EVERY PERCEIVED SLIGHT
OR MISSTEP IN THE WORKPLACE.
WE DON'T WANT TO CREATE LEGAL
STANDARDS THAT ARE SO LOOSE THAT
THEY TRANSFORM THE MALE FEMALE
RELATIONSHIP IN THE WORKPLACE TO
ONE OF SUSPICION. AND HOSTILITY
OR MAKE IT ADVERSARIAL I THINK
IN THAT CASE EVERYONE LOSES.
WE DON'T WANT TO DRIVE A WEDGE I
THINK BETWEEN MEN AND WOMEN THE
WORKPLACE.
AND I THINK TO DO THAT MAY VERY
WELL RESULT IN FEWER
OPPORTUNITIES FOR WOMEN IN THE
WORKPLACE. IF IF MEN COME TO
DISTRUST AND THINK THAT ANY ANY
OFF COLOR JOKE MADE AND THEIR
CAREER SO THAT PERHAPS THEY DO
NOT SELECT.
THE WOMAN FOR THE.
IMPORTANT BUSINESS TRIP OR THEY
DON'T APPOINTED WOMAN TO A
POSITION THAT BRINGS HER INTO
CLOSE PERSONAL CONTACT CONTACT
WITH THEM. THE KIND CONTACT
RELATIONSHIPS THAT ARE IMPORTANT
TO DEVELOPING RELATIONSHIPS AND
MENTORING AND ADVANCING ONE'S
CAREER. SO I THINK WE NEED TO
BE.
TO BE CAREFUL.
IN SUM I THINK DILUTING THE
STANDARD FOR SEXUAL HARASSMENT
IS A BAD IDEA I THINK THE
DIRECTOR OF THE DEVIATES.
.
SET THEM A SIMILAR THAT IT'S
REALLY A STANDARD THAT THE
QUESTION IS HOW WAS IT APPLIED
BY HUMAN BEINGS. AND AND PERHAPS
SOME TRAINING IS WHAT'S IN ORDER
BUT IT'S NOT THE LEGAL STANDARD.
THE WAVE OF OF LYING STEEN IN
NEED TO REVELATIONS ISN'T ABOUT
BORDERLINE.
CONDUCT.
IT'S ALL ABOUT FAILING TO SEE
AND SELLING TO CONFRONT
OBVIOUSLY BAD BEHAVIOR.
PARTICULARLY WHEN IT INVOLVES
UNTOUCHABLE EXECUTIVES. WERE
LEGISLATORS OR STARS.
AND DILUTING THE STANDARD WOULD
FIX A PROBLEM THAT JUST DOESN'T
EXIST.
ENCOURAGING MORE LITIGATION I
THINK IS ALSO VERY CLUMSY WAY.
TO TRY TO SHAPE HUMAN BEHAVIOR.
EXPENSIVE IT EXACERBATES
TENSIONS THAT ALREADY EXIST.
THEY'RE OFTEN UNFORESEEN
CONSEQUENCES.
AND LITIGATION AGAINST MY
BENEFIT TENS WHEN RICH THE
LAWYERS I THINK FAR MORE
UNSATISFYING THE PARTIES OF THE
VICTIMS.
SO YOU'RE SOME OF THINGS THAT I
THINK THAT IF THEY WERE TO BE
MENTIONED BYSTANDER TRAINING I
THINK IS IS AN EXCELLENT IDEA.
I THINK THAT THE FDA SHOULD PLAY
A ROLE IN CHINA FIGURE OUT WHAT
KIND OF TRAINING IS APPROPRIATE.
CURRENTLY TWO HOURS OF
SUPERVISOR TRAINING IS REQUIRED
EVERY TWO YEARS.
.
DOESN'T REALLY ADDRESS NON
SUPERVISORS IN THE WORKPLACE.
DOESN'T REALLY ADDRESS.
.
WHAT TO DO IF YOU SEE THIS HAD A
RECOGNIZE IT HAD REPORTED?
?
AND I'VE AND A YOU'VE TAKEN THAT
TRAINING I DON'T KNOW IF YOU DO
IT.
SOMETIMES I LIKE ME TO SOME THAT
TED DMB TRAINEE TAKE EVEN CLOCK
SPEEDING HAVE TO. DO THE
TRAINING TO AVOID GOING ON YOUR
RECORD AND YOU HAVE TO CLICK
THROUGH THE BUTTONS AND.
CAN I SKIM THROUGH THE
MATERIALS.
.
AND I THINK WE NEED TO LOOK AT
WHETHER THAT TRAINING IS
ACTUALLY EFFECTIVE BOTH IN THE
SUBSTANCE OF IT AND THE FACT IS
NOW LIMITED JUST TO SUPERVISORS.
I ALSO THINK IN AND.
CENTER MORE LACK A RAISE THIS
ISSUE IN WHAT WE DO ABOUT PEOPLE
WHO HAVE A HISTORY OF THIS
BEHAVIOR.
AND THEY SORT OF LEAVE ONE CLEAR
QUIETLY AND MOVE ON TO ANOTHER.
AND THAT THAT NEXT EMPLOYER
PROBABLY CALLS FOR REFERENCE IN
THE PRIOR EMPLOYER I'M SURE
TELLS THEM THAT UNDER OUR POLICY
WE ONLY TELL THEM THAT YOU'RE
THAT THE DATES OF EMPLOYMENT.
AYE YOUR LAST KNOWN SALARY AND
WE DON'T HAVE ANY OTHER
INFORMATION.
AND THE REASON IS BECAUSE NOBODY
WANTS TO GET SUED RIGHT. IM SO
IF I SAY THIS PERSON LAST
BECAUSE.
THERE ARE NUMBER OF SEXUAL
HARASSMENT CLAIMS AGAINST THEM.
LIKELY WE GET SUED FOR
DEFAMATION OR OR INTERFERENCE
WITH PROSPECTIVE ECONOMIC
ACTIVITY
SO PERHAPS ONE SOLUTION MIGHT BE
TO LOOK AT IS THERE SOMEWAY TO
IMMUNIZE. EMPLOYERS WHO GIVE
INFORMATION TO FUTURE EMPLOYERS
ABOUT PEOPLE WHO ENGAGE IN THIS
CONDUCT AND AND LEFT THE THE
WORKFORCE BECAUSE OF IT.
ANOTHER.
POTENTIAL IDEA WOULD BE.
CURRENTLY THE LAW PROVIDES VERY
GENEROUS.
REIMBURSEMENT FOR EMPLOYEES IN
TERMS OF EXPENSES.
AND THOSE OFTEN WILL EXTEND TO
THE EXPENSES OF HAVING TO DEFEND
MY SEXUAL HARASSMENT SUIT. AND
SO I THINK THE LEGISLATURE MAY
WANT TO LOOK AT. WHETHER THERE'S
A POSSIBILITY OF.
TIGHTENING UP THOSE LAWS ABOUT
EXPENSE REIMBURSEMENT AND
PERHAPS SAYING THAT IF I
SEXUALLY HARASSED SOMEBODY AND I
NEED TO HIRE A LAWYER AD I
DEFEND MYSELF AND I END UP
SETTLING THE CASE. THAT MY
EMPLOYERS NOT BUT THE BILL FOR
THAT NOW UNDER THE LABOR CODE.
NEITHER POSSIBLE.
ANOTHER THING I THINK THAT WE'VE
SEEN WITH A LOT OF THE CONDUCT
IS A LOT OF IT AS I SAID HAS
BEEN REALLY GREGIS BEHAVIOR
THAT'S CRIMINAL IN NATURE. AND I
THINK LAW ENFORCEMENT PERHAPS TO
BE GIVEN SOME MONEY TO TARGET
WORKPLACE SEXUAL PREDATORS IS A
SPECIAL AREA OF CONCERN.
MANY THE CURRENT ALLEGATIONS OF
CRIMINAL CONDUCT I THINK THERE'S
A LOT TO BE SAID FOR HAVING LAW
ENFORCEMENT BALM INVESTIGATING
CRIMINAL CONDUCT RATHER THAN
HAVING PRIVATE EMPLOYERS TRY TO
DO THAT. M..
AND WITH THAT I LOVE SURE LAW
ENFORCEMENT WOULD LOVE TO HEAR
THAT BECAUSE THEY COMPLAIN THEY
DON'T HAVE ENOUGH RESOURCES
EXACTLY I JUST THROW THAT OUT I
THINK THEY PUT THAT IN THE SAME
CATEGORY OF ME CALLING UP AND
SAYING AYE. SOMEBODY PASSED THE
BAD CHECK TO ME FOR FIFTEEN
DOLLARS AND THEY SAY WELL.
YEAH GOOD LUCK WERE GONNA GO
FIGHT REAL CRIME.
BUT I THINK IF WE PUT THAT
SEXUAL ASSAULT IN THE WORKPLACE.
OUT OF THE YOU KNOW BAD TEN
DOLLAR CHECK CATEGORY NEED TO
THE REAL CRIME CATEGORY THAT
THAT MAY BE HELPFUL. AND WITHOUT
ALL AYE WHILE AND THEN LUPIN
EFFORTS HAVE ANY QUESTIONS AND
HAVE FINANCING BERNIE MUCH
APPRECIATED.
I DO HAVE A FEW QUESTIONS.
AND THAT'S THE BEAUTY OF HAVING
PEOPLE COMING FROM DIFFERENT
PERSPECTIVES.
.
OF IT I THINK I'M.
PART OF MY CONCERN IS THAT.
WHO'S GOING TO DEFINE WHAT'S IN
INAPPROPRIATE BEHAVIOR I'M
THINKING. A BACK ON MY LIFE AND
CAREER.
AND WHEN I USED TO HEAR ANTI
SEMITIC JOKES AT WORK I'M JEWISH
I.
THEY THEY WERE VERY UNSETTLING
TO ME.
YOU KNOW THAT THE. BIGGEST BURY
THE JEWS STANDING UP SO THE
MONEY DOESN'T FALL OUT OF THEIR
POCKETS TO MEAN THAT MAY SEEM
LIKE A SORT OF AN OFF COLOR
JOKE.
BUT THAT HAPPENED TO ME. FORTY
PLUS YEARS AGO AND I STILL
REMEMBER HOW I FELT IN THE FACT
THAT I CAN STILL REMEMBER THAT
ARGUMENT BUT I DID YESTERDAY.
BUT I CAN REMEMBER WHAT HAPPENED
THAT TIME AGO ISN'T REALLY
SOMETHING THAT'S JUST CASUAL.
THAT MEAN WHAT I DID IS I I
RECOGNIZE THE PEOPLE I WAS
WORKING WITH WERE PROBABLY ANTI
SEMITIC IF THEY FOUND THAT TO BE
VERY FUNNY SO LET'S TAKE THAT
TO.
A SEXUALLY CHARGED JOKE THAT'S
OFF COLOR THAT ISN'T FUNNY
THAT ALSO HAS AN IMPACT CAN BE
INTENDED TO BE DEMEANING.
AND SO FORTH SO PART OF PART OF
MY QUESTION. IS WHO'S GOING TO
THE SITE THAT I DON'T HAVE THE
ANSWER BUT YOU KNOW THAT
CERTAINLY IS VERY DIFFERENT THAN
SOMEONE WHO MASTURBATES IN FRONT
OF.
DID A NUMBER OF WOMEN WHICH IS
WHAT WE HEARD ABOUT OF THE OTHER
DAY.
BUT IS THAT BEHAVIOR.
SHOULDN'T BE ACTIONABLE THEY
SHOULDN'T BE SOMETHING TO BE
DONE WITH IT I DON'T KNOW.
TAB BUT I THINK THAT DOES RAISE
ONE OF THE QUESTIONS THAT IS
PART OF THIS WHOLE DEBATE TODAY.
SO I JUST THROW THAT OUT AN
ENEMY IF I COULD ASK A A COUPLE
OTHER QUESTIONS.
THERE IS WITHOUT QUESTION THE
IT IT HAPPENS BECAUSE JUDGES ARE
PEOPLE AND DIFFERENT COMMUNITIES
HAVE DIFFERENT PERSPECTIVES AND
HE WITHIN A COMMUNITY JUDGES
COME FROM DIFFERENT POINTS OF
VIEW.
IT IT IS THERAPY. ISN'T PART OF
THIS.
BOB PROBLEM THAT THAT
THE SHORT OF THE LACK OF EQUAL
REPRESENTATION ON THE BENCH
PEOPLE COME.
IN BRING THEIR OWN PERSONAL
LIFE EXPERIENCES I JUST TOLD YOU
AN EXPERIENCE THAT I HAD THAT I
SUSPECT. MR MORLOCK DIDN'T HAVE
HIS BACKGROUND IS DUTCH NO MAYBE
THERE'S SOME. BAD JOKES ABOUT
DUTCH PEOPLE.
A BUT.
R. CAN I BRING THAT EXPERIENCE
TO MIKE'S TO MY LIFE AND AS A
WOMAN I COULD TELL OTHER STORIES
BUT I WON'T.
DO WE NEED TO DO THINK IF WE
HAD MORE A GREATER SENSITIVITY
GREATER REPRESENTATION ON THE
BENCH SO THAT FOR EXAMPLE.
WE HAVE THIS REASONABLE WOMAN
STANDARD.
BUT IT'S MOSTLY.
IT HAS BEEN AT LEAST
HISTORICALLY MOSTLY OLDER MEN
WHO ARE GOING TO DETERMINE. WHAT
THAT REASONABLE WOMAN STANDARD
IS?
WOULD IT HELP TO HAVE MORE WHEN
I KNOW THIS GOVERNOR HAS
APPOINTED A NUMBER OF WOMEN ON
THE BENCH WERE SEEING. A
SIGNIFICANT A CHANGE IN THE CUT
OF COMPLEXION AS WELL OF THIS
BENCH. BUT DO YOU THINK THAT
WOULD BE HELPFUL EITHER REVIEW
I'D LIKE TO ADDRESS BOTH IF I
MAY THE FIRST WHERE UP WHAT
YOU'VE DESCRIBED IN CERTAIN
CASES IF YOU HAVE A JUDGE WITH
A.
PROCLIVITY TO DISMISS HARASSMENT
AND DISCRIMINATION CASES MAY SAY
THOSE ANTI SEMITIC COMMENTS OR
IF THEY'RE ANTI WOMAN COMMENTS
ARE MERE OFFENSIVE UTTERANCES.
WHERE IS WHEN YOU HEAR THAT THAT
HAS NO EFFECT ON YOUR TERMS AND
CONDITIONS OF EMPLOYMENT NOT
ONLY ON YOUR TERMS AND
CONDITIONS OF EMPLOYMENT?
EVERYONE WHO HEARS IT. ALL OF
THE CO WORKERS TO SEE THAT
THAT'S AN ACCEPTABLE CONDUCT SO
THEY KNOW ANTI SEMITIC COMMENTS
WOULD BE APPROPRIATE IN THAT
PARTICULAR WORKPLACE.
AND IF THEY COMPLAIN THAT IS NOT
GOING TO BE WELL MATT
SO I THINK YOUR PERSONAL EXAMPLE
IS AN EXAMPLE OF WHY WE NEED
SOME ADJUSTMENTS TO THE SEVERE
PERVASIVE STANDARD ABOUT. HOW
THAT AFFECTS NOT ONLY BE HERE
THE RECIPIENT OF THAT COMMENT
BUT ALSO AFFECTS THE WORK PLACE
AND ENCOURAGES? A DISCRIMINATORY
OR HARASSING ENVIRONMENT WHERE
PEOPLE ARE NOT GOING TO COME
FORWARD BECAUSE IF THEY SEE
THEIR SUPERVISOR LAUGHING AT
THAT JOKE OR MAKING THE JOKE
ITSELF HOW DID THEY THINK WHAT'S
GONNA HAPPEN WHEN THEY'RE THE
COMPLAINTS.
I THINK IT HAS A PERNICIOUS
EFFECT IN THE WORKPLACE SO YES
I ABSOLUTELY THINK THAT. THAT.
BUT THAT GOES TO HISTORY REMARKS
DOCTRINE THAT ALSO GOES INTO THE
FACTORS TO DETERMINE WHETHER
SOMETHING IS SEVERE PERVASIVE I
THINK THE OTHER POINT YOU MAKE.
ABOUT HAVING A JUDICIARY WHICH
REFLECTS
CALIFORNIA AND. WORKERS IS
EXTREMELY IMPORTANT
AND THOSE ARE THE INDIVIDUALS
THAT MAKE THE DECISIONS THAT
WERE STUCK WITH A I KNOW THAT MY
COLLEAGUE HAS INDICATED THAT THE
CASE THAT MS BROOKS HAD
EXPERIENCE WHICH.
I PERSONALLY THINK IS A TRAVESTY
OF JUSTICE WOULD NOT HAVE BEEN
DECIDED THE SAME TODAY WE'RE
STILL STUCK WITH THAT CASE.
A PRESIDENT'S DON'T SUNSET
SO WHEN WE WHEN OTHER JUDGES ARE
EVALUATING WHAT IS SEVERE OR
PERVASIVE THEY'RE LOOKING AT
THAT CASE AS PRESIDENT TO SEE
WELL WHAT DOES THE LAW SAY THEY
MAY SAY PERSONALLY I FIND THAT
OFFENSIVE. PERSONALLY THINK
THAT'S TERRIBLE BUT LOOK AT THIS
CASE IS PRESIDENT WE'RE STUCK
WITH THAT THAT IS WHY
LEGISLATIVE FIXES NEEDED
ADDITIONALLY THAT'S WHY WE NEED
TO LOOK AT. THE SORT OF JUDICIAL
APPOINTMENTS THAT ARE OCCURRING
TO ENSURE THAT IT MORE
ACCURATELY REFLECTS.
OF THE FACES OF CALIFORNIA
MYSTERIES PRODUCE BONTA.
PARTICULAR TO THAT FIRST A ITEM
BECAUSE YOU. YOU.
YOU KNOW WE'RE TRYING TO STRIKE
OF AN APPROPRIATE BALANCE
HEARING YOU BOTH RAISED THE
ISSUE WOULD YOU WOULD YOU
RESPOND TO MY INQUIRY ON THE.
THE APERTURE YES.
.
I THING IN THAT SITUATION MOST
OF THOSE CASES PRICKLY OF ITS A
SUPERVISOR.
GO TO THE JURY THAT THAT'S A
QUESTION OF FACT WAS A SEXY
LOOKING A CASE THAT I READ FROM
ME FROM THE LOS ANGELES SUPERIOR
COURT DENYING SUMMARY JUDGMENT.
DECEMBER FOURTH TWENTY
SEVENTEEN IT'S ONLY TRIAL COURT
ORDER BUT WAS A RACIAL
HARASSMENT CASE AND AND THE
COURT DENIED SUMMARY JUDGMENT
SINGERS ISSUE A FACT BASED ON
TWO COMMENTS.
ONE OF WHICH WAS ACTUALLY BE ON
THE STATURE LIMITATIONS AND ONE
WAS MORE RECENT THE BEYOND THE
STATUE LIMITATIONS OUT OF PURE
WHERE THIS BUTTON HARASSMENT LAW
THE SOMETHING CALLED THE
CONTINUING VIOLATIONS THEORY.
AND SO IF YOU HAVE SOMETHING
LIKE A HOSTILE WORK ENVIRONMENT
WHERE YOU NEED A NUMBER OF A
DANCE IF IT'S NOT REAL SEVERE TO
CREATE A HOSTILE WORK
ENVIRONMENT. THE COURTS WILL SAY
THAT AS LONG AS ONE OF THOSE
EVENTS THAT'S RELATED TO THE
PRIOR EVENTS IS WITHIN THE
STATUE LIMITATIONS WE CAN BRING
IN THE OTHER ONES BECAUSE YOU
NEED THE MALL TO KIND OF CREATE
THE ENVIRONMENT.
SO IN THIS CASE ONE OF THE
COMMENTS WAS LONG TIME BARRED
BUT THE COURT CONSIDERED ANYWAY
AND WAS A MORE RECENT ONE AND
THE COURT SAID IT'S TRUE. THERE
IS NO RECOVERY FOR HARASSMENT AS
OCCASIONAL ISOLATED SPORADIC
WERE TRIVIAL AND AND THAT IS THE
LAW.
YET SHE SAID IT IS ALSO TRUE
THAT PERHAPS NO SINGLE ACT MORE
QUICKLY ALTER THE CONDITIONS OF
EMPLOYMENT AND CREATE AN ABUSIVE
WORK ENVIRONMENT. AND THE USE OF
AN UNAMBIGUOUS RACIAL EPITHET BY
A SUPERVISOR IN THE PRESENCE OF
HERS A SUBORDINATE.
AND SO I THINK UNDER THE LAW
THOSE TYPE OF REMARKS THAT YOU
SAID ARE ONES THAT THE COURTS
ARE NOT THROWING OUT ON THEIR
FACE THEIR ONETO GO TO THE JURY
IN WHICH CASE YOU WOULD TELL
YOUR STORY AND. THEY HEAR ALL
THE EVIDENCE AND DECIDE YOU KNOW
WAS A SUFFICIENTLY SEVERE
PERVASIVE TO AFFECT SO WHAT IF
IT WAS DONE WITH THE SUPERVISOR
PRESENT.
IS THAT NOW RAISE IT TO A LEVEL
ONE BECAUSE I DON'T REMEMBER
WHETHER WAS A SUPERVISOR OR
COWORKERS I JUST REMEMBERED THE
INCIDENT AND. IT REALLY DID CAST
A PALL OVER THAT EXPERIENCE I
CAN TELL YOU VILLANO SITUATION I
THINK WITH A SINGLE EVENT THE
ISSUE WILL BE YOU KNOW DOES THE
EMPLOYER HAVE.
WHEN IT'S WHEN IT'S A NON
SUPERVISOR WHO DOES THAT.
THE QUESTION BECOMES DID THE
EMPLOYER ACT REASONABLY IN
RESPONSE SO. IN THAT SITUATION
THE SUPERVISOR PROBABLY GIVES
THE YOU THAT MEANS THAT THE
EMPLOYER NOW HAS KNOWLEDGE OF
THAT AND SO THE EMPLOYER NEEDS
TO DO SOMETHING ABOUT. IT THE
EMPLOYER DOES NOTHING ABOUT IT.
THEN THEY'RE PROBABLY NOT OFF
THE HOOK IF THE EMPLOYER
IMMEDIATELY INVESTIGATES
DISCIPLINES THAT PERSON AND TAKE
SWIFT ACTION.
.
THEN THE OTHER PROBABLY IS NO
LIABILITY AGAINST EMPLOYER
PROCELLARIIDS ACTUATION.
AND I THINK ON THE ISSUE ABOUT
THE JUDGES.
.
I MEAN THESE ARGUMENTS DECISIONS
WE ALL BRING OUR OWN BAGGAGE
RIGHT WE ALL HAVE OUR OWN
BACKGROUNDS AND I THINK THE MORE
DIVERSE THE YOU CAN GET AMONG
THE DECISION MAKERS. OBVIOUSLY
THE MORE VARIED EXPERIENCES THEY
BRING TO THE TABLE AND AND I
THINK THAT'S THAT'S VERY
HELPFUL.
AND I DO THINK MANY WOMEN OFTEN
DO THESE THINGS IF WE ARE USED
TO TEACH AT HASTINGS I REMEMBER
ONE TEACHING SEX HARASSMENT ONE
CLASS OF HUNDRED FIFTY FIRST
YEAR LAW STUDENTS. AND SOME
MAN'S I THINK IT'S REASONABLE
WOMAN STANDARD IS RIDICULOUS
BECAUSE I'M I CAN TELL WHAT'S
OFFENSIVE TO A REASONABLE WOMAN.
AND HE SEEMED VERY SINCERE ALL
THE WOMAN BEHIND WERE LIKE
SNICKERING IN LIKE UNITS WERE
ROLLING THEIR EYES SO I THINK
THERE IS A DIFFERENCE I THINK
LITTLE WAY PEOPLE VIEW THIS AND
I DO THINK THAT IMPROVES TO
PROVE DIVERSITY ON THE BENCH. IS
HELPFUL IN THE SAME WAY THAT
THEIR STUDY SHOWING THAT.
WOMEN IN POSITIONS OF POWER AT
COMPANIES THOSE COMPANIES TEND
TO HAVE FEWER SEXUAL HARASSMENT
PROBLEMS THAN THAN OTHERS
MANAGER STUDIES WHICH I THINK
YOU'LL HAVE YOU TESTIFIED IN A
BILL I'M BRINGING THAT.
THAT DEALS WITH EXACTLY THAT.
POINT.
THANK YOU VERY MUCH OF THE
SENATOR MONEY.
THANK YOU MADAM CHAIR THANK YOU
BOTH FOR YOUR PRESENCE THING AND
FOR YOUR WORK EVERY DAY. MY
QUESTION THIS ONE OF THE
RECOMMENDATIONS.
MYSTERY STATE YOU MADE WHERE.
HE SUGGESTED A SITUATION WHERE
AN EMPLOYEE IS MAY BE LEGALLY
PROTECTED BASED ON AN EXPENSE
ACCOUNT OR SOME TYPE OF.
COVERAGE THROUGH THEIR EMPLOYER
AND PREGNANT FROM WRONG BUT I
UNDERSTOOD YOU SAY POSSIBLY
REMOVING THAT PROTECTION.
OF A PAY SOURCE WOULD WOULD
RESULT IN. MORE RESPONSIBLE
CONDUCT.
BUT WE.
ISN'T THERE A DANGER THAT IF
THAT PERSON.
IS NOT A PERSON OF MEANS.
AND.
M..
A PLAINTIFF IS SEEKING
COMPENSATION FOR.
BUT SAY A WELL FOUNDED.
CLAIM OF HARASSMENT.
A COULD THAT BACKFIRE IN TERMS
OF.
THE EMPLOYER THAT WHERE THERE'S.
WHERE THERE'S RESOURCES
BEING INSULATED FROM RMIT?
YEAH PERHAPS IRAQ HADN'T.
I REALLY THOUGHT THROUGH THAT
ASPECT AYE AND CURRENTLY UNDER
THE LABOR CODE SECTION TWENTY TO
TO YOU HAVE TO REIMBURSE
EMPLOYEES FOR EXPENSES THAT THEY
INCUR YOU KNOW IN THE IN THE
COURSE AND SCOPE OF THEIR
PERFORMING THEIR DUTIES. BONTA
COME TO QUESTION THE SEXUAL
HARASSMENT CLAIMS ELISE'S WITHIN
THE SCOPE OF EMPLOYMENT IS A
SOMETHING YOU HAVE TO.
DESCENDED INDEMNIFY THEM FOR.
.
I THINK IN YOUR EXAMPLE
OFTENTIMES DEPENDING ON THE
EMPLOYEE.
THE EMPLOYER IS OFTEN LIABLE FOR
SEXUAL HARASSMENT EITHER BECAUSE
IT'S A SUPERVISOR SO IN THAT
SITUATION WHETHER YOU INDEMNIFY
THE SUPERVISOR FOR HIS LEGAL
FEES ARE NOT. EMPLOYERS GONNA BE
LIABLE FOR HIS CONDUCT STRICTLY
LIABLE AS WE HEARD AND IF I ITS
DIRECTOR.
FOR A NON SUPERVISOR.
THE EMPLOYER AGAIN IT'S A
NEGLIGENCE STANDARD.
SO IN THAT SITUATION.
.
WAS EMPLOYER WHERE DID THE DOW A
WHERE DID THEY ACT
APPROPRIATELY.
BECAUSE OF ITS IT IS A NON
SUPERVISOR WHO YOU KNOW IS NOT
ACTING AS YOUR AGENT YOU HAVE NO
IDEA OF THE CONDUCT EXCELLENT
FAIR TO HOLD YOU LIABLE IF YOU
HAVE NO IDEA WHEN YOU DO LEARN
YOU TAKE SWIFT ACTION.
BUT I THINK I THINK LOOKING AT
ALL THOSE ISSUES IN TERMS OF.
WHEN DO WE HAVE TO REIMBURSED
PEOPLE FOR EXPENSES BASED ON
THEIR OWN SERVE INAPPROPRIATE
SEXUAL HARASSMENT IS IS. IT'S AN
IDEA I THINK I IT REQUIRES MORE
STUDY RIGHT WELL I DO APPRECIATE
THE IDEAS THAT BOTH OF YOU
SHARED BECAUSE I THINK ONE OF
OUR GOALS IS TO FIND OUT I THINK
ONE OF MY TAKEAWAYS FROM. YOUR
TESTIMONY IS.
ON YEAR PEOPLE BREAKING THE
SPEED LIMIT EXAMPLE THAT IT
DOESN'T MEAN WE LOWER THE SPEED
LIMIT.
THAT EVERYONE ELSE IS ABIDING
BY.
BUT. THESE ISSUES GET TRICKY IN.
AND. I THINK CALIFORNIA'S
STUNNING GOOD JOB IN.
PROVIDING SOME DEFINITION.
STRICT LIABILITY IN
RESPONSIBILITIES OF EMPLOYERS
THAT AYE THINKER RELATIVELY WELL
UNDERSTOOD IN THE WORKPLACE.
ON OUR CHALLENGE I THINK IS
EDUCATION AND HAVING PEOPLE.
STEP UP AS VICTIM MURDER OR AS
WITNESS IN M.. MAYBE WE WILL
EXPLORE WAYS TO.
FURTHER ENCOURAGE THAT AWARENESS
AMONG.
PEOPLE IN THE WORKPLACE THINKS.
AND I THINK THE I THINK WE'RE IN
AGREEMENT TO THE MORE STUDIES WE
SEE BYSTANDER INTERVENTION IS A.
VERY IMPORTANT COMPONENT IN
TRYING TO. ERADICATE THIS
BEHAVIOR AND PERHAPS WE CAN HAVE
AT SOME POINT FURTHER
DISCUSSIONS.
ON HOW WE IMPLEMENT THAT AS WELL
A SENATOR MORE LOCK AND THEN
WE'RE GOING TO HAVE A SKYPE AS
SO IF IN A MINUTE OR TWO SO IF
YOU COULD.
KIND OF REP THAT UP I THINK
WE'LL BE READY TO GO AFTER
SENATOR MORLOCK SPEAKS AND
COMMITTED TEACHERS ESSENTIAL
BOTH IN PRIVATE INDUSTRY OR BOTH
PRIVATE PRACTICE.
I'M JUST CREWS ARE HOW MANY
GOVERNMENTAL AGENCIES DO YOU
REPRESENT IF ANY AT ALL.
I REGULARLY REPRESENT EMPLOYEES
AGAINST THE ENEMIES AS WELL AS
THE FEDERAL GOVERNMENT I'VE
REPRESENT THAT'S A A PARTICULAR
AREA NOT MANY ATTORNEYS DO FOR
OBVIOUS REASONS. ON BUT I'VE
SUED MANY DEPARTMENTS OF THE
STATE OF CALIFORNIA AS WELL AS
MANY FEDERAL.
.
I DID DEPARTMENTS
AND THERE ARE CERTAIN PUBLIC
POLICY IMPLICATIONS THAT AT ME
PROPS AND ANOTHER POINT WE CAN
TALK ABOUT ABOUT THE STATE WHEN
YOU HAVE REPEAT HARASSERS. THE
RIGHT OF RETURN TO PRIOR JOBS
IS THE PROBLEM.
I THINK GAGGING VICTIMS IS A
PROBLEM BUT A WE REPRESENT
EMPLOYEES WE GENERALLY DON'T
REPRESENT EMPLOYERS.
AND IT IS HARD TO GET
REPRESENTATION.
WHEN HE WON ISSUE MEMBER OF THE
LEGISLATURE WHEN YOU WANT TO
SEE.
DEPARTMENT WHEN YOU WANT TO SEE
YOU COUNTY.
AND I THINK THAT IT PART OF
THAT IS THE POWER DIFFERENTIAL
WHICH HAPPENS.
IT JUST BEING A SURVIVOR OF
HARASSMENT THERE'S A POWER
DIFFERENTIAL BECAUSE IF THERE
WASN'T YOU WANTED BEEN A VICTIM
OF HARASSMENT. AND I THINK
THAT'S ALSO SOMETHING. THAT.
THE PANEL SHOULD SHOULD
CONSIDER.
AND I REPS ARE MOSTLY AYE
EMPLOYERS MOSTLY IN THE PRIVATE
SECTOR I HAVE REPRESENTED AND
YOUR PRESENT A NUMBER OF SPECIAL
DISTRICTS.
WITH RESPECT TO THEIR
EMPLOYMENT LAW A LOT OF THOSE
ARE. OFTEN UNIONIZED WORKFORCES.
AND I THINK THERE ARE SOME
SPECIAL PROBLEMS IN IN IN THE
PUBLIC SECTOR VERTICALLY WITH
WITH THE UNION I'VE
UNFORTUNATELY SEYMOUR UNION
GRIEVANCES OVER.
WRONGFULLY TERMINATING SOMEBODY
FOR SEXUAL HARASSMENT AND I
HAVE.
.
FOR FAILURE PROTECTED THE VICTIM
WHICH I THINK.
IT IS ANOTHER ISSUE THAT.
.
AND SOCIETALLY MAYBE NEEDS TO BE
ADDRESSED.
BY I GET THE SENSE THAT
GOVERNMENT EMPLOYEES. DON'T FEEL
LIKE THEY HAVE. A REMEDY AND
THEY FEEL STUCK.
SO. YOU WERE PRESENT WHEN I
MENTIONED ONE OF OUR. MANAGERS
AT THE COUNTY OF ORANGE.
AS THE WAY IT.
IT WAS DISCLOSED WAS THROUGH AN
ANONYMOUS LETTER.
THE RETURNING SEE LETTERS NOW
IT'S LIKE.
YOU KNOW SO THAT WHEN IT WAS
ANONYMOUS OMITTED REALLY
AWKWARD.
FOR THE FOR US TO TRY AND FIGURE
OUT IS HIS TRUE WHAT'S GOING ON.
BUT NOW WE GET LETTERS COMING
OUT LIKE. YOU KNOW SACRAMENTO
WITH. HUNDRED FORTY WOMEN
SIGNING
SIGNING THE LETTER WHICH IS NOT
ANONYMOUS.
SO I'M JUST WONDERING.
WHAT'S WITH WHAT'S OF WHAT'S A
GOOD COURSE.
THAT YOU WOULD SAY IF YOU HAVE
AN ISSUE.
HERE'S A HERE'S THAT MAYBE I AYE
WEBSITE WHERE THERE'S A EFERRAL
LIST OF. LAWYERS THAT MAY TAKE.
YOUR CASE.
I THINK IT'S IMPORTANT TO
ADDRESS THESE THINGS A
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION HAS MANY IDEAS THAT
WOULD BE VERY HAPPY TO DISCUSS
FROM INCLUDING EXTENDING THE
STATUE OF LIMITATIONS. TO
ENSURING THAT THERE'S NO THAT NO
WE HIRE CLAUSES FOR EXAMPLE THAT
THOSE ARE UTILIZED IN SETTLEMENT
AGREEMENTS THAT BAR WOMEN FROM
EMPLOYMENT. UP FROM ENSURING
THAT THERE'S NOT GAGGING OF
SURVIVORS OF HARASSMENT WHERE
THEY CAN'T TALK TO THEIR FRIEND.
TO SAY LOOK DON'T GO WORK FOR
THAT SUPERVISOR YOU'RE GONNA BE
SEXUALLY ASSAULTED. A WE HAVE
STRENGTHENING OF RECORD KEEPING
THAT'S ANOTHER BILL THAT WERE
WORKING ON PUBLICLY PUTTING OUT.
BY WOULD SAY PUBLIC DISCLOSURES
REQUIRED BY EMPLOYERS AND ALSO
GOVERNMENT AGENCIES WHEN THERE'S
BEEN ISSUES OF HARASSMENT SO WE
HAVE A BEVY OF OPTIONS THAT WE
WOULD BE THRILLED TO TALK TO
MEMBERS OF THE.
BUT I WOULD THINK THAT MAYBE ONE
OF THE TAKE AWAYS MADAM CHAIRS
SAYS GAGGING AND I APPRECIATE
YOUR SAYING IT A COUPLE TIMES
BUT.
THAT SEEMS TO BE WHAT'S HAS
OCCURRED HERE.
YES AND YOU CAN SEE WHERE AND
WHY THAT IS SUCH A PROBLEM
BECAUSE THEN YOU HAVE THE
REPEAT.
HARASSER HAS MULTIPLE VICTIMS AS
OCCURRED IN THE COUNTY WHERE YOU
WORKED AND AS IS VERY OBVIOUS IN
THE CASES THAT.
OUR IN THE PRESS CURRENTLY I
THINK THAT THE THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION.
WE HAVE THE BILL WOULD BE BE
HAPPY TO DISCUSS WHY WE THINK
THAT. THERE'S PERNICIOUS OF
FACTS FOR ALLOWING US SORT OF
GAGGING. THANK YOU THANK YOU
MANAGER HIS HAND I THINK THIS IS
A PROBLEM THAT ISN'T LIMITED TO
THE PUBLIC SECTOR I THINK OF MR
WEINSTEIN AND ALL OF THE NON
DISCLOSURE AGREEMENTS AND.
THINGS THAT NOT ONLY IS VICTIMS
BUT PEOPLE WORKED IN THIS
COMPANY APPARENTLY HAD TO SIGN
AS A CONDITION OF THEIR
EMPLOYMENT
SO THIS IS WHAT THIS IS A
WIDESPREAD PROBLEM THAT EXTENDS
I THINK THROUGH OUT. OF BUSINESS
AND INDUSTRY IN EDUCATION AND
SOMETHING THAT WE NEED TO
ADDRESS ON ALL LEVELS.
SO THANK YOU FOLKS WHO VERY VERY
MUCH APPRECIATE YOUR TIME
INTEREST AND PLEASE IF YOU HAVE
FURTHER SUGGESTIONS OR IDEAS
WOULD LOVE TO HEAR THEM AS WELL
INCREASING MUCH THANK YOU VERY
MUCH.
ALRIGHT WE ARE READY TO GO WE
ARE.
GOING TO HAVE.
.
OUR FINAL PANEL.
WITH.
.
THAT TO CLOSE OUT OUR HEARING
TODAY.
WE WANTED TO LEARN OF. FROM THE
EXPERIENCE OF TWO JURISDICTIONS.
WHICH OPERATOR WITH SOMEONE
ALTERNATIVE STANDARDS FOR
EVALUATING WHAT CONDUCT
CONSTITUTES SEXUAL HARASSMENT
FOR PURPOSES OF LIABILITY OR
EMPLOYEE DISCIPLINE.
THE.
CITY OF NEW YORK IN THE COUNTY
OF LOS ANGELES WE HAVE.
TODAY A TESTIFYING.
CARMEL IN MALALAS WHO IS SICK
AND HAS BEEN THE CHAIR AND
COMMISSIONER OF THE NEW YORK
CITY HUMAN RIGHTS COMMISSION.
SINCE HER APPOINTMENT BY MAYOR A
BILL DE BLASIO IN TWENTY FIFTEEN
AND PRIOR TO THAT SHE WAS A
PARTNERED OATEN GOLDEN LLP WHERE
SHE HELPED LEAD PRACTICE GROUPS.
ON LESBIAN GAY BISEXUAL AND
TRANSGENDER WORKPLACE RIGHTS
DISABILITY AND FAMILY
RESPONSIBILITIES DISCRIMINATION.
BOB BECAUSE HER SCHEDULE WOULD
NOT ALLOW HER TO TESTIFY IN
PERSON TODAY SHE WILL BE JOINING
US BY. THE GREAT CURRENT MODERN
A TECHNIQUES OF.
VIDEO CONFERENCING I THINK
PRESCRIBING IN TODAY A GOOD
IDEAS AFTERNOON BOTH HERE AND
WHERE YOU ARE GOOD AFTERNOON AND
THANK YOU SO MUCH FOR JOINING
US.
I CAN AFTERNOON WE HAVE ALSO
WITH US FIFTY BANE.
WHO IS THE EXECUTIVE DIRECTOR
OF THE COUNTY OF LOS ANGELES
EQUITY OVERSIGHT PANEL UNDER THE
EXECUTIVE OFFICE OF THE BOARD OF
SUPERVISORS?
IS BEING HAS WORKED IN VARIOUS.
ROLES FOR THE EQUITY OVERSIGHT
PANEL SINCE ITS INCEPTION IN
TWENTY TWELVE. AND PRIOR TO THAT
SHE WORKED A PRIMARILY ON
EMPLOYMENT INVESTIGATIONS. FOR
THE COUNTY OF LOS ANGELES FOR
OVER A DECADE AND JOINING HER
TODAY IS WANDA HAZEL HER
COLLEAGUE.
IN THE COUNTY AND WE HAVE UP TO
FORTY FIVE MINUTES FOR THIS
PANEL SO WE CAN HEAR FROM
EVERYONE HOPEFULLY HAVE A LITTLE
TIME FOR QUESTIONS AND
DISCUSSION. AND ALL ASK THAT
EACH OF YOU TRY TO LIMIT YOUR
INITIAL REMARKS
TO A TEN MINUTES APIECE AND
WE'LL START WITH THE CHAIR AND
COMMISSIONER OF OUR NEW YORK
CITY.
HUMAN RIGHTS COMMISSION.
CARAMEL IN BELOW LISTEN AGAIN
THANK YOU SO MUCH FOR JOINING
US.
CHRIS AND DOUG GOOD AFTERNOON TO
ALL OF YOU OVER THERE AYE CARLIN
P. MALALAS AND I AM THE CHAIR
AND COMMISSION THE NEW YORK CITY
COMMISSION ON HUMAN RIGHTS. ONE
OF COURSE THANK FIRST OF ALL.
CANTABRIAN STATE SENATOR HANNAH
BETH JACKSON YOUR STAFF FOR
INVITING ME TO SPEAK ABOUT
SEXUAL HARASSMENT IN OUR
STANDARD IN NEW YORK CITY.
Lú I'M HONORED TO TESTIFY TODAY
BEFORE THE CALIFORNIA SENATE
YOU.
MEDI AND THE SELECT COMMITTEE ON
WOMEN WORK AND FAMILIES
AT THIS JOINED INFORMATIONAL
HEARING REEXAMINING THE LEGAL
STANDARD FOR SEXUAL HARASSMENT
IN THE STATE OF CALIFORNIA.
MAYOR BILL DE BLASIO POINTED NAY
IT IN NOVEMBER TWENTY FOURTEEN
AND ASSUMED MY ROLE AS CHAIR AND
COMMISSIONER IN FEBRUARY OF
TWENTY FIFTEEN.
I KNOW THAT THERE IS GREAT
VARIATION IN HOW DIFFERENT STATE
AND LOCAL. HUMAN RIGHTS AGENCIES
ARE STRUCTURED HOW THINK
FUNCTION AND IN THEIR MANDATES.
SO ALLOW ME TO FIRST PROVIDE A
BRIEF BACKGROUND ON OUR AGENCY
IN THE LAW THAT WE ENFORCE.
IN NEW YORK CITY COMMISSION ON
HUMAN RIGHTS IS THE NEW YORK
CITY GOVERNMENT AGENCY
RESPONSIBLE FOR ENFORCING YORK
CITY'S ANTI DISCRIMINATION. AN
ANTI HARASSMENT LAWS ALL THE NEW
YORK CITY HIM RIGHT CALL.
BUT LICENSE TWENTY FOUR
CATEGORIES OF PROTECTION MOST OF
WHICH PROTECT AGAINST
DISCRIMINATION AND HARASSMENT IN
PRACTICALLY ALL AREAS OF CITY
LIVING.
THE EMPLOYMENT HOUSING UP PLACES
OF PUBLIC ACCOMMODATION AND
HARASSMENT ON THE STREETS IN
TRANSIT NEITHER SPACES.
AND THE CONSTRUCTION PROVISION
OF OUR LAW REQUIRES THAT IT BE
CONSTRUED LIBERALLY FOR THE
ACCOMPLISHMENT OF THE NUCLEAR
BROAD IN REMEDIAL PURPOSES
THEY'RE OUT.
IN TWO THOUSAND FIVE IN NEW YORK
CITY.
COUNCIL ON THE GOVERNMENT
PASSED THE RESTORATION ACT. IN
RESPONSE TO COURT DECISIONS THAT
COMPLETED THE NEW YORK CITY
HUMAN RIGHTS LAW WITH STATE AND
FEDERAL ANTI DISCRIMINATION
LAWS.
RESTORATION AT CLARIFIES THAT.
ARE LAW MUST BE INTERPRETED MORE
BROADLY THAN IT STATE AND
FEDERAL COUNTERPARTS.
SO BY STATUTE THE COMMISSION
SURGED TO NAME FUNCTION.
THE FIRST IS AS A SYMBOL LAW
ENFORCEMENT AGENCY. WHICH IS WHY
THE COMMISSION HAS A LAW
ENFORCEMENT BUREAU IT TAKES IN
COMPLAINTS OF DISCRIMINATION
FROM THE PUBLIC INITIATES ITS
OWN INVESTIGATIONS ON BEHALF OF
THE CITY. AND UTILIZES ITS IN
HOUSE TESTING PROGRAM TO HELP
IDENTIFY ENTITIES BREAKING THE
LAW.
AGENCY FOUND ACTIONS WHICH THE
LAW ENFORCEMENT YOUR DETERMINES
THAT THERE IS PROBABLE CAUSE TO
BELIEVE THAT A PERSON OR ENTITY
HAS ENGAGED IN UNLAWFU
DISCRIMINATORY ACTS. ARE
PROSECUTED BY THE LAW
ENFORCEMENT YOUR BEFORE
ADMINISTRATIVE LAW JUDGES IN A
DIFFERENT CITY AGENCY. AND AND
THOSE IDEOLOGIES PROVIDE REPORTS
AND RECOMMENDATIONS ON
LIABILITY.
DAMAGES AND PENALTIES TO MY
OFFICE WITHIN THE COMMISSION THE
OFFICE THE CHAIR WHICH THEN
LOOKS AT HIS DE NOVO AND ISSUES
A FINAL DECISION AND ORDER. THAT
IS REVIEWABLE IN NEW YORK STATE
WORK.
THE SECOND MAIN FUNCTION OF THE
COMMISSION IS TO PERFORM
COMMUNITY OUTREACH TO PROVIDE
EDUCATION ON THE NEW YORK CITY
HUMAN RIGHTS LAW AND HUMAN
RIGHTS RELATED ISSUES WHICH IS
WHAT THE COMMISSION ALSO HAS. A
COMMUNITY RELATIONS BUREAU BUT
COMPRISE OF COMMUNITY SERVICE
CENTERS IN EACH OF THE CITY'S
FIVE BOROUGHS.
NOW TURNING TO THIS ISSUE AT
HAND.
BUT SEXUAL HARASSMENT THE
WORKPLACE IS NOT A NEW NOT I'M
WHERE OF COURSE NATIONALLY
EXPERIENCING A RECKONING ON THIS
ISSUE. WITH REGARDS THIS ALL TOO
COMMON HUMAN RIGHTS ABUSE.
AND DEEP THANKS ARE OWED TO THE
WOMEN THE MEN AND THE NON BINARY
PEOPLE WHO HAVE BEEN FREELY
COMING FORWARD AS MUCH PERSONAL.
AND PROFESSIONAL RISK TO SHARE
THEIR STORIES OF SEXUAL
HARASSMENT AND ASSAULT ACROSS
INDUSTRIES.
A WAVE OF PEOPLE BREAKING THEIR
SILENCE HAS BEEN STEADY AND IT
HAS BEEN I'M LETTING.
AND IT IS MY HOPE THAT OUR
COLLECTIVE WORK.
I AM GOVERNMENT JUST LAWMAKER IS
AS FOLKS IN THE PUBLIC WHO HAVE
AN INTEREST IN READING. SEXUAL
HARASSMENT IN THE WORKPLACE WILL
PROVIDE EVEN MORE VOICES TO BE
HEARD AND EVEN MORE STORIES TO
BE SERVICED.
OUR STRUCTURE THAT HAVE EXISTED
FOR SO LONG TO LOUDEST BEHAVIOR
TO PROCESSED BRING SOME CASES
DECADES AS WE HEAR.
SILENCE VICTIMS TO SHAME VICTIMS
AND TEN NAY VICTIMS BELIEVE THEY
ARE APPARENTLY.
OUR CRUMBLING AROUND US.
AND SEXUAL HARASSMENT IS BEING
EXPOSED FOR EXACTLY WHAT IT IS.
AND IF YOU SUPERPOWER ENEMIES A
PRIVILEGE.
AND IT IS BE EXPOSED IN MANY OF
THESE INSTANCES.
BUT WOMEN LEADING THE WAY.
WHILE THE ENTERTAINMENT INDUSTRY
DOMINATES THE HEADLINES WE KNOW
THAT LOW WAGE WORKERS IN
IMMIGRANT WORKERS DOMESTIC
WORKERS LGBTQ WORKERS AND
WORKERS OF COLOR EXPERIENCED
SEXUAL HARASSMENT. EXTREMELY
HIGH RATES.
AND THEIR UNIQUE AND
INTERSECTING VULNERABILITIES
MAKE IT EVEN HARDER FOR THEM TO
ASSERT THEIR RIGHTS PROTECT
THEMSELVES AND DEMAND JUSTICE.
JUST LAST MONTH NEW YORK CITY
COMMISSION ON HUMAN RIGHTS HELD
A CITYWIDE PUBLIC HEARING ON
SEXUAL HARASSMENT IN THE
WORKPLACE. WE INVITED TESTIMONY
FOOD REPRESENTATIVES COMING FROM
A DIVERSITY OF INDUSTRIES FROM
WORKERS RIGHTS ADVOCATES AND
GOVERNMENT OFFICIALS.
TO TESTIFY ABOUT WHAT NEW YORK
CITY AND THE COMMISSION
SPECIFICALLY COULD DO
DIFFERENTLY OR DO BETTER TO
COMBAT SEXUAL HARASSMENT.
WE WILL BE PUBLISHING A REPORT
THIS SPRING THAT WILL INCLUDE
OUR FINDINGS AND RECOMMENDATIONS
FROM THE HEARING AND WE'LL BE
HAPPY TO SHARE IT OF COURSE
LAWMAKERS HERE AS WELL.
NOW.
YOU'RE NOT TO THE SEXUAL
HARASSMENT STANDARD UNDER THE
NEW YORK CITY CLEAN RIGHTS LAW.
CONSISTENT WITH THE MANDATES R.
STATUTE PROTECTIONS AGAINST
SEXUAL HARASSMENT LOOK
PROTECTIONS IN OTHER AREAS OF
THE LAW ARE CONSTRUED TO PROVIDE
BROAD. REMEDIAL PROTECTION.
SEXUAL HARASSMENT IS CONSIDERED
A FORM OF GENDER DISCRIMINATION
UNDER THE CITY RIGHTS LAW. WHICH
IS DEFINED AS DISCRIMINATION
AGAINST SUCH PERSON ON THE BASIS
OF GENDER IN COMPENSATION OR IN
TERMS CONDITIONS OR PRIVILEGES
OF EMPLOYMENT.
IN TWO THOUSAND NINE A NEATER
STATE APPELLATE DIVISION CASE
INTRODUCED A LEGAL STANDARD FOR
WHAT CONSTITUTES SEXUAL
HARASSMENT UNDER THE CITY HUMAN
RIGHTS LAW. HAS BEEN FOLLOWED BY
NEW YORK STATE AND FEDERAL
COURTS IN NEW YORK IN
INTERPRETING THE LAW.
THAT STANDARD HAS BEEN CODIFIED
INTO THE ACTUAL STATUTE IN
TWENTY SIXTEEN AS PART OF A
SECOND RESTORATION THAT.
THE CASE IS WILLIAM SENIOR XC
HOUSING THIRTY IN WHICH THE
APPELLATE COURT REJECTED THE
STANDARD OF SEVERE OR PERVASIVE.
AND DETERMINE THAT SEXUAL
HARASSMENT EXIST.
WHEN AN INDIVIDUAL IS QUOTE
TREATED LESS WELL AND OTHER
EMPLOYEES BECAUSE OF GENDER AND
QUOTE.
BUT REQUIRES MORE THAN QUOTE
HEAVIEST LIGHTS ARE TRIVIAL
INCONVENIENCES AND CLOSE.
ACCORDING TO WILLIAMS FURTHER
STATED THAT EVEN A SIMPLE
COMMENT THAT OBJECTIFIES WOMEN.
MADE IN CIRCUMSTANCES WHERE THAT
COMMENT WOULD FOR EXAMPLE SIGNAL
VIEWS ABOUT THE ROLE OF WOMEN IN
THE WORKPLACE. MAYBE ACTIONABLE.
AND I'M SURE THIS STANDARD IF A
PLAINTIFF IS ABLE TO ESTABLISH
THAT SHE WAS TREATED LAST WELL.
BASED IN PART ON HER GENDER
DEFENDANTS MAY ASSERT AS AN
AFFIRMATIVE DEFENSE THAT THE
CONDUCT COMPLAINED OF CONSISTS
OF NOTHING MORE THAN WHAT A
REASONABLE A VICTIM OF
DISCRIMINATION WOULD CONSIDER
PETTY SLIGHTS. AND TRIVIAL
INCONVENIENCES.
BUT NOW THIS STANDARD STANDS IN
SHARP CONTRAST WITH THE FEDERAL
STANDARD WHICH I KNOW THAT THE
PANEL HAS HEARD ABOUT. EARLIER
TODAY WHICH THE SUPREME COURT
ARTICULATED IN NINETEEN EIGHTY
SIX IN MARRIAGE FOR SAVINGS BANK
EVENTS. WHERE THEY SAID FOR
SEXUAL HARASSMENT TO BE
ACTIONABLE IT MUST BE
SUFFICIENTLY SEVERE OR PERVASIVE
TO ALTER THE CONDITIONS OF THE
VICTIM'S APARTMENT CREATE AN
ABUSIVE WORKING ENVIRONMENTS?
NOW ACCORDING TO KNOW THAT THAT
CASE INVOLVED ALLEGATIONS ARE
GREAT.
GROPING AND INDECENT EXPOSURE.
THE SUPREME COURT AFFIRMS THE
STANDARD IN NINETEEN NINETY
THREE IN HERESY FORKLIFT
SYSTEMS.
AND FURTHER ELABORATED THAT
CONDUCT THAT IS NOT SEVERE OR
PERVASIVE. ENOUGH TO CREATE AN
OBJECTIVELY HOSTILE OR ABUSIVE
WORK ENVIRONMENT. ENVIRONMENT TO
THAT A REASONABLE PERSON WOULD
FIND HOSTILE OR ABUSIVE IS
BEYOND TITLE SECONDS PURVIEW.
AND I DON'T SEE THAT MANY COURTS
HAVE FOUND. THAT ISOLATED ACTS
UNLESS A VERY SERIOUS DO NOT
MEET THAT THRESHOLD OF SEVERITY
PERVASIVENESS.
BUT THE FACT THAT SEVERE OR
PERVASIVE.
NASTY I'D HEARD WAS BORN OUT OF
MY KEYS FOLLOWING ALLEGATIONS OF
RAPE GROPING AND INDECENT
EXPOSURE. SUCH AN INCREDIBLY
HIGH FACTUAL BAR.
CHORDS ASKING THAT'S WHAT IS
SEVERE OR PERVASIVE WHAT IT JUST
BE HERE THAT DOES NOT INVOLVE
PHYSICAL OR SEXUAL ASSAULTS.
SHE THOUGHT IT HAS DEVELOPED
AROUND THE STANDARD VARIES AND
COURTS HAVE ROUTINELY DISMISS
CASES WHERE PLAINTIFFS ALLEGED
UNWANTED SEXUAL OVERTURES OR
TOUCHING. PROPOSITIONS AND OTHER
BEHAVIOR AS NOT REACH THE LEVEL
OF SEVERE OR PERVASIVE.
I UNDERSTAND THAT PATRICIA BARGO
HAS TESTIFIED EARLIER REGARDING
THE SEXUAL HARASSMENT THE SHE
EXPERIENCED.
AND UNFORTUNATELY I THINK HER
QUE IS ILLUSTRATIVE OF THE
SIGNIFICANT LIMITATIONS OF THE
SEVERE OR PERVASIVE STANDARD.
NOW THAT HE'S NINTH CIRCUIT
COURT OF APPEALS DECISION IS
CITED AS BROOKS BE SAN MATEO UP
PLEASE DEPARTMENT. AND IS MISS
MARGOT SO COURAGEOUSLY
DESCRIBED.
BEHAVIOR AT ISSUE IS PRETTY
HORRIFYING.
AND CERTAINLY NOT SOMETHING THAT
I HOPE MOST PEOPLE WOULD
CONSIDER TO BE APPROPRIATE
WORKPLACE BEHAVIOR.
AND I WISH I COULD SAY THAT THIS
CASE IS AN OUT LIAR. BUT IT
RELIED ON WELL ESTABLISHED
PRECEDENT THAT ONE OR TWO
INCIDENTS. OF QUOTE SEXUAL
HORSEPLAY.
UP KISSING ROPING AND WRAPPING
AT A AN ERECTION ON ANOTHER
PERSON DOES NOT MEET SEVERITY
UNDER TITLE SEVEN STANDARD.
I UNDERSTAND THAT THERE'S BEEN
DISCUSSION AS TO WHETHER THE
QUESTION IS ABOUT CHANGING THE
STANDARD OR MAKING IT. UP MAKING
SURE THAT IT'S CORRECTLY APPLIED
BUT THE REALITY IS THAT OUR
SYSTEM OF JURISPRUDENCE IS BASED
ON PRECEDENCE. WHICH MEANS THAT
IF OTHER COURTS WITH
PRESIDENTIAL AUTHORITY HAVE
MISAPPLIED THE LOT THAT MISS
APPLICATION THAT BECOMES THE LAW
OF THE LAND.
SO HOW IS NEW YORK CITY'S MUCH
JOHN THAT MORE GENEROUS STANDARD
PLAYED OUT IN SEXUAL HARASSMENT
CASES. ONE OF THE BEST EXAMPLES
WE CAN QUITE TO IS A FEDERAL
SECOND CIRCUIT CASE.
IN THAT CASE THE COURT MAKING IT
A FINDING OF SUMMARY JUDGMENT
FOR AN EMPLOYER BECAUSE THE
COURT APPLIED THE FEDERAL SEVERE
OR PERVASIVE SCATTERED. TO THE
EMPLOYEE SELF PITY HUMAN RIGHTS
LOTS SEXUAL HARASSMENT CLAIMS
RATHER THAN APPLYING THE CITY
WILLIAMS YOU UNDER.
IN THIS CASE MAHARLIKA BE CREDIT
AGRICOLE.
EMPLOYEE ALLEGED THE CEO OF THE
BANQUET WAS ALSO THE PLAINTIFF
SUPERVISOR REGULARLY INQUIRED
ABOUT HER RELATIONSHIP STATUS.
OFTEN COMMENTED ON HER
APPEARANCE ASKED HER ABOUT
WHETHER SHE ENJOYED IT
PARTICULAR SEXUAL POSITION
SHOWED HER* ON HIS COMPUTER
AND PROPOSITION HER MULTIPLE
TIMES.
THERE WERE ALLEGATIONS OF THIS
TYPE OF BEHAVIOR WAS GENERALLY
ACCEPTED AT THE BANK AND THAT
MALE EMPLOYEES REGULARLY TALKED
ABOUT VISITING STRIP CLUBS AND
RATED THEIR FEMALE COLLEAGUES
APPEARANCES.
HOWEVER THE LOWER COURT
DISMISSED THAT CASE.
AND ON APPEAL THE SECOND CIRCUIT
CORRECTLY APPLIED THE WILLIAMS.
YOUR CITY RIGHT LAW STANDARD
FINDING THAT A JURY. MUSICALLY
FINDS THAT THE PLAINTIFF WAS
TREATED LESS WELL BECAUSE OF HER
GENDER AND THE KIND OF LAME DUCK
WAS NEITHER PETTY. MORE TRIVIAL.
THE SECOND CIRCUIT CONCLUDED
THAT THE SEXUALLY CHARGED
CONDUCT INCLUDING UNWANTED
SEXUAL ATTENTION AND TO SEXUAL
PROPOSITIONS SUBJECTED THE
PLAINTIFF TO A DIFFERENT SET OF
EMPLOYMENT CONDITIONS BAD HER
MALE COLLEAGUES.
IT ALSO RECENT SEXUAL HARASSMENT
CASES AT THE NEAREST COMMISSION
ON HUMAN RIGHTS RE ALSO WOODS.
UNTIL SETTLEMENTS PARTICULARLY I
THINK ILLUSTRATE THE APPLICATION
OF THE WILLIAM STAND THE CITY
LOST STANDARD TO REAL LIFE
SCENARIOS THAT MIGHT NOT MEET.
BUT THE SEVERE OR PERVASIVE
STANDARD UNDER FEDERAL LAW.
SO IN ONE CASE INVOLVING A
WORKER AT A NATIONAL FAST FOOD
CHAIN THE COMMISSION FOUND
PROBABLE CAUSE WITH THE WORKERS
MANAGER RUBBED HER SHOULDERS AND
ASK YOUR
IT WINDS UP IN THE MOMENT AND
THEN AGAIN AFTER THE FACT VERY
SEXUALLY EXPLICIT TERMS IF SHE
WAS AROUSED IF SHE WAS TURNED
ON.
COMMISSION FOUND THE MASSAGE IN
THE COMMENTS WERE SUFFICIENT TO
DEMONSTRATE ACTUAL HARASSMENT.
UNDER THE NEW YORK CITY HUMAN
RIGHTS LAW AND SETTLE THE CASE
FOR TEN THOUSAND DOLLARS IN
DAMAGES FOR EMOTIONAL DISTRESS
TO THE COMPLAINANT.
IN ANOTHER RECENT CASES A CITY
EMPLOYEE ALLEGE THAT A%
SUPERVISOR MADE I. COMMENTS OF A
SEXUAL NATURE TOWARDS HER AND ON
ONE OTHER OCCASION WRAPPED HIS
CROTCH WHILE STARING AT HER AND
WHILE THEY WERE ALONE IN THE
OFFICE.
AGAIN THE COMMISSION FOUND
PROBABLE CAUSE IN THAT CASE THAT
SEXUAL HARASSMENT HAD OCCURRED
AND SETTLED THE CASE FOR DAMAGES
FOR EMOTIONAL DISTRESS THE
COMPLAINANT.
IN PRACTICAL TERMS I BELIEVE
THAT THE NEAR CITY HUMAN RIGHTS
LAW STANDARD GENERALLY SEEMS IN
LINE WITH OUR EXPECTATIONS
APPROPRIATE WORKPLACE BEHAVIOR.
I WOULD ARGUE THAT THE FEDERAL
STANDARD ESTABLISHED IN NINETEEN
EIGHTY SIX WHICH IS NOW OVER
THIRTY YEARS OLD. HAS NOT BEEN
INTERPRETED IN WAYS THAT HAVE
KEPT PACE.
WITH OUR EXPECTATIONS ARE
EQUALITY AND RESPECT AND DIGNITY
IN THE WORKPLACE.
INDEED THE COMMISSION'S LAW
ENFORCEMENT BUREAU REPORTS AT
PARTIES GENERALLY ASSUME THE
CITY HUMAN RIGHTS LAW STANDARD
IS APPROPRIATE. AND DISPUTES
TYPICALLY FOCUS ON FACTUAL
ALLEGATIONS RATHER THAN RE
LITIGATING THE STANDARD UNDER
THE CITY A LOT AS SET FORTH
MILLIONS.
THE COMMISSION IS NOT AWARE
COURTS OR PARTIES THAT HAVE
COULD TEACH THAT STANDARD AS
IMPOSING UNFAIR BURDENS ARE
STANDARDS ON EMPLOYERS THAT IS
NOT PART OF THEIR BRIEFINGS.
AND IN TWENTY SIXTEEN WHEN WE
HELD HEARINGS TO CODIFY IT
TREATED LESS WELL STANDARD INTO
OUR STATUTE.
NO ONE NOT ONE PERSON TESTIFIED
OBJECTING TO IT.
AND I CAN SAY THAT IN THE LAST
TWO YEARS SEXUAL HARASSMENT AND
AT THE COMMISSION HAVE INCREASED
BY ABOUT FIFTY PERCENT.
I AGAIN TRULY APPRECIATE THE
OPPORTUNITY TO TESTIFY BEFORE
YOU TODAY. AND I HOPE THAT YOU
HAVE FOUND A MY TESTIMONY
INFORMATIVE AND WHAT WE DO HERE
IN NEW YORK CITY TO ME
DEPARTMENT OF. THANK YOU VERY
MUCH AND WE WILL. AYE IF YOU
YOU'LL STAY WITH US WE'RE GOING
TO HEAR THE TESTIMONY.
OF.
FOLKS FROM LOS ANGELES COUNTY
AND WHAT THEY'RE DOING. THERE IN
TERMS OF THEIR STNDARD AND THEN
WE WILL OPEN IT UP FOR QUESTIONS
SO.
AT THIS POINT IN TIME.
WE DO HAVE PHAM.
SPAIN TO TESTIFY AND IT DO YOU
WISH TO SHARE THAT WITH THE THE
TIME WITH YOUR COLLEAGUE.
THE LEAD FOR GOOD SOMEONE IF YOU
GO AHEAD AND START THANK YOU SO
MUCH FOR BEING HERE.
IT'S A PLEASURE TO BE HERE WITH
YOU TO ENGAGE IN THIS VERY
IMPORTANT DISCUSSIONS SO AGAIN
THANK YOU VERY MUCH.
I'M HERE ALONG WITH MY
COLLEAGUES WANT TO HAZEL
TOGETHER WE HELP MANAGE THE
COUNTY OF LOS ANGELES'S. C
POLICY EQUITY PROGRAM.
IN BY WAY OF A VERY BRIEF
INTRODUCTION THE LOS ANGELES
COUNTY BOARD OF SUPERVISORS
IMPLEMENTED THIS PROGRAM IN
TWENTY ELEVEN.
AND IT REPLACED EXISTING AND
VERY STRONG POLICIES ALREADY IN
PLACE IN THE COUNTY OF LOS
ANGELES ANTI DISCRIMINATION AND
ANTI HARASSMENT.
.
POLICIES AND PROP UP PROCEDURES
UP WITH A MORE ROBUST SYSTEM
THIS COUNTY POLICY THE EQUITY
PROCESS BUT IT'S A VERY ROBUST
AND A VERY COMPREHENSIVE SYSTEM.
THAT ALLOWS FOR IT ENCOURAGES
INDIVIDUALS TO COME FORWARD
WITH.
COMPLAINTS THAT ARE A BASED ON
A PROTECTED CATEGORY SEXUAL
HARASSMENT ISSUES BEING ONE OF
THEM.
THERE ARE SOME VERY VERY UNIQUE
FEATURES OF THIS PROCESS THAT
WE'D LIKE TO SHARE WITH YOU.
AYE I MENTIONED THAT IT'S A
VERY OPEN SYSTEM WE HAVE A VERY
ESSENTIAL EYES COMPLAINT AYE
INTAKE. OF FUNCTION WARINESS
COMPLAINING PARTIES MAY FILE
COMPLAINTS ARE DIRECTLY WITH
THE.
AN AGENCY OUTSIDE OF WHERE THEY
WORK OUTSIDE OF THAT DEPARTMENT
THEY WORK
ALL THEY ME FILE COMPLAINTS
ANONYMOUSLY. OTHER VARIOUS
METHODS BY WHICH THEY CAN.
REPORT COMPLAINTS.
YOU CAN USE AN ONLINE FILING
SYSTEM. A EVERY DEPARTMENT IS
REQUIRED TO.
HOWLS PAPER BASED COMPLAINT
FORMS
AND WE HAVE A HOTLINE AVAILABLE
SO AGAIN IT'S A VERY VERY OPEN
PROCESS BY WHICH.
COME PERSONS BRINGING FORTH
COMPLAINTS CAN FILE THEIR
COMPLAINTS
ANOTHER VERY IMPORTANT ASPECT
DUTIES OF MANAGERS AND
SUPERVISORS TO REPORT.
SO WE BELIEVE THE COUNTY IT WAS
WELL AHEAD OF MANY OTHERS IN
THIS AREA.
BY REQUIRING.
MANAGERS AND SUPERVISORS TO
REPORT.
EQUITY ISSUES THAT COME TO THEIR
ATTENTION IN THE WORKPLACE SO
FOR EXAMPLE IF A COMPLAINING
PARTY. REGARDLESS OF WHAT
DEPARTMENT THEY WORK IN AND
REGARDLESS OF WHO THE ACTUAL
REPORT TO. BRINGS FORTH A AN
ISSUE FOR US SUCH AS SEXUAL
HARASSMENT TO A MANAGER OR
SUPERVISOR THAT MANAGER OR
SUPERVISOR ISN'T REQUIRED TO
FILE A COMPLAINT UNDER THE
POLICY IN FAILURE TO DO SO.
WILL SUBJECT ABOUT PERSON TO
CORRECTIVE.
SO GETS UP AT THE WORKPLACE
POLICY THAT APPLIES TO A VERY
VERY LARGE AND DIVERSE.
WORK FORCE OF OF MORE THAN A
HUNDRED AND TEN THOUSAND.
.
AND I'D ALSO LIKE TO HIGHLIGHT
FOR YOU THAT THERE IS AN ANTI
RETALIATION PROVISION WITHIN THE
POLICY.
SO IN AND OF ITSELF IF SOMEONE
IS.
ENGAGING IN RETALIATORY
BEHAVIOR FOR
AGAINST A PERSON WHO HAS A
ENGAGED IN THE COMPLAINT PROCESS
OR OPPOSED CONDUCT BUT THE POLL
SEE I PROHIBITS. THAT PERSON
ALSO COULD BE DISCIPLINED FOR
RETALIATING ARE TAKING SOME%
RETALIATORY ACTIONS AGAINST THAT
PERSON.
AND AGAIN I MENTIONED THAT IT'S
A ROBUST SYSTEM WE HAVE A VERY
VERY STRONG SYSTEM OF CHECKS AND
BALANCES IN PLACE.
TO INVESTIGATE THESE TYPES OF
COMPLAINTS I MENTIONED OPEN
REPORTING SYSTEM AND AND THE
VARIOUS METHODS IN WHICH SOMEONE
MIGHT MAY FILE A COMPLAINT. THE
REQUIREMENT THAT MANAGERS AND
SUPERVISORS FILE COMPLAINTS A
REPORT COMPLAINTS ON BEHALF OF
OTHERS BUT IT'S A VERY FAIR AND.
VERY BALANCED SYSTEM TO
INVESTIGATE THOSE COMPLAINTS WE
HAVE A AN INDEPENDENT
PANEL OF EXPERTS IN THE AREA OF
LABOR AND EMPLOYMENT MATTER. WHO
ARE ON CONTRACT WITH THE COUNTY
TO REVIEW EVERY COMPLAINT THAT
COMES THROUGH OUR OPERATION AND
TO REVIEW EVERY INVESTIGATION
THAT COMES THROUGH THE OPERATION
AND?
I WILL ALLOW MY COLLEAGUES HERE
WANTED TO EXPLAIN A LITTLE BIT
MORE IN TERMS OF OTHER TERRORIST
BUT TRAINING INITIATIVES THAT
EXISTS IN THE COUNTY AS WELL AS
THE INVESTIGATIVE FUNCTION.
UNDER THE POLICY BACK PRETTY.
THANK YOU VERY MUCH PLEASE GO
AHEAD.
I WOULD LIKE TO HIGHLIGHT THAT
THE COUNTY OF LOS ANGELES
INITIALLY.
THANK YOU I'D LIKE TO HIGHLIGHT
THAT THE COUNTY OF LOS ANGELES
INITIATED SEXUAL HARASSMENT
PREVENTION TRAINING IN NINETEEN
NINETY SIX WELL IN ADVANCE OF
THE LEGAL MANDATE. WITH REGARD
TO THE COUNTIES POLICY OF EQUITY
THE COUNTY SEEKS TO.
PROVIDE WORKPLACE AWARENESS BY
ENSURING THAT EVERY EMPLOYEE
RECEIVED A COPY OF THE COUNTIES
POLICY OF EQUITY AT THE TIME OF
ON BOARDING OR AT THE POINT OF
HIGHER. IN ADDITION EVERY
EMPLOYEE IS TRAINED ON THE
POLICY WE PROVIDE ONLINE AS WELL
AS IN PERSON TRAINING. IN
ADDITION AS YOU'VE HEARD
PREVIOUSLY WE WE DO REQUIRE OUR
SUPERVISOR MANAGERS TO TAKE A
REFRESHER COURSE EVERY TWO
YEARS.
I HAVE BEEN ADDED MEASURE IN THE
PERFORMANCE EVALUATIONS FOR
EXECUTIVES AND MANAGERS.
ALL THE MANAGERS AND EXECUTIVES
ARE HELD TO THE STANDARD OF
ENSURING THAT THEY PARTICIPATE
IN THE TRAINING AND ABIDE BY THE
BOARD OF SUPERVISORS POLICY. ON
SEXUAL HARASSMENT PREVENTION.
IN ADDITION EVERY EMPLOYEE MUST
ACKNOWLEDGE RECEIPT OF THE
POLICY WE ALSO.
PROVIDES SEVERAL MARKETING
CAMPAIGNS TO ENSURE THAT
EMPLOYEES ARE AWARE OF THE.
SEE.
AND WHAT IS EXPECTED OF
SUPERVISORS AND MANAGERS.
ONE OF THE OTHER OF MORE
IMPORTANT ASPECTS OF OUR POLICY
THAT IS PERTINENT TO THIS
DISCUSSION TODAY IS. CALLED THE
INAPPROPRIATE CONDUCT TOWARDS
OTHER STANDARDS.
THAT WE USE IN THE COUNTY.
TO.
PREVENT INAPPROPRIATE WORKPLACE.
CONDUCT FROM OCCURRING AND
PREVENTING.
LIABILITY OF PROTECTING THE
WORK FORCE.
BEFORE CONDUCT RISES TO THE
LEVEL OF FOR EXAMPLE SEVERE
PERVASIVE.
ANY ONE OFF A JOKE THAT IS
SEXUAL IN NATURE IT COULD BE A
FORM OF A TEXT MESSAGE.
ONE TIME.
GET A PHOTO FOR EXAMPLE A PLACE
IN IN THE WORKPLACE.
IN AND OF ITSELF THAT WOULD BE
CAUSE FOR DISCIPLINE UNDER THE
POLICY SO IT IS COMMONLY KNOWN
IN THE COUNTY OF LOS ANGELES IS
THE ECTO STANDARD AGAIN THE
INAPPROPRIATE CONDUCT TOWARDS
OTHERS WHICH IS THE UP. THE
LOWER HRESHOLD THAT WE'VE HAD
IN PLACE FOR SEVERAL YEARS NOW.
.
AND WE WELCOME ANY QUESTIONS
THAT YOU MIGHT HAVE WITH REGARD
TO THE ACT OF STANDARD ANY
OTHER.
FEATURE UNDER THE POLICY.
WELL THANK YOU VERY MUCH I'D BE
CURIOUS TO KNOW HOW IT.
COUNTLESS IS WORKING AND THEN
ALSO FOR.
IS BELOW LOS.
IN NEW YORK HOW. ARE YOU SEEING
THE DIFFERENCE FOR YOU SEEING A
REDUCTION IN THE NUMBER OF
COMPLAINTS OR YOU SING MORE
COMPLAINTS RESOLVED.
DIFFERENTLY.
THEN WENT WITH THE USE OF THE
SEVERE AND PERVASIVE STANDARD
ARE YOU FINDING THIS TO BE MORE
EFFECTIVE AND IF SO WHY.
AN EXCELLENT QUESTION HE'S UP
WITH IMPLEMENTATION OF THIS
POLICY I SHOULD'VE THAT OF THE
COUNTY HAS SEEN A SIGNIFICANT
DECLINE IN EMPLOYMENT RELATED
LITIGATION BUT THE NUMBERS OF
LAWSUITS FILED. AND OF THE COSTS
ASSOCIATED WITH EMPLOYMENT
RELATED OF LITIGATION.
SO IT HAS WORKED VERY
POSITIVELY IN THAT RESPECT.
AND WE BELIEVE THAT IT'S A IT'S
A GOOD THING THAT PEOPLE ARE
ENGAGING IN.
SAYS THAT PEOPLE ARE FILING
COMPLAINTS THAT WE ARE RECEIVING
IN THE EARLY INVESTIGATING THOSE
COMPLAINTS AND THAT MANAGERS AND
SUPERVISORS ARE AWARE OF THEIR
OBLIGATIONS TO REPORT. WE SEE WE
RECEIVE.
OF A SIGNIFICANT NUMBER OF
THOSE TYPES OF COMPLAINTS THAT
ARE A FILED BY MANDATORY
REPORTERS A TO THE TUNE OF EVEN
OVER REPORTING SO WORKPLACE
MATTERS THAT MAY NOT NECESSARILY
INVOLVE A PROTECTED CATEGORY
OFTENTIMES WE DO SEE IN OUR OUR
OPERATIONS WE DO SEE LOTS OF. A
DIFFERENT THINGS COMING THROUGH
OUR OUR SHOP A THAT WE REVIEW
AND THOROUGHLY INVESTIGATE.
I WOULD ALSO ADD AND THERE'S
BEEN SOME DISCUSSION ABOUT
BYSTANDER AND WE AS YOU. SEE
QUITE A BIT OF REPORTING BY
THIRD PARTIES EMPLOYEES WHO
OBSERVE CONDUCT THAT THEY
BELIEVE.
MAY BE IN VIOLATION OF THE
POLICY.
THE GOOD IN NEW YORK DO WE STILL
HAVE OUR. S. O. GREAT COULD YOU
COULD YOU RESPOND TO THAT DOES.
IT ARE YOU FINDING YOUR PROGRAM
TO BE EFFECTIVE TO HASN'T BEEN
EFFECTIVE IN REPLACING THE
SEVERE.
AND PERSISTENT STANDARD F IT
YOU KNOW IT'S INTERESTING AS I
WAS SAYING EARLIER AND THE NEW
YORK CITY COMMISSION ON HUMAN
RIGHTS HAS KIND OF THIS DOUBLE
STRUCTURE THERE'S A LAW
ENFORCEMENT. ASIDE TO IT AND
IT'S A COMMUNITY OUTREACH SIDE
AND I THINK YOU KNOW AS A IN THE
LAW ENFORCEMENT REALM OF YOUR
GOVERNMENT LAW ENFORCEMENT. I
THINK YOU WANT TO SEE THAT
PEOPLE ARE FALLING YOU WANT
PEOPLE TO FEEL THAT THE VENUE IS
CREDIBLE.
IT CASES THAT YOU KNOW ARE
HAPPENING IN DO WE KNOW THAT
SEXUAL HARASSMENT IS IT.
OCCURRING IN WORKPLACES OF
COURSE WE DO. AND I THINK WHAT
WE'RE FINDING MORE RECENTLY IS
VALIDATION OF THAT. SO THE FACT
THAT WE DO HAVE.
YOU KNOW FILING UP BY YOU KNOW
ON THIS FIFTY PERCENT I THINK IN
THE LAST TWO YEARS. BLOG
ENFORCEMENT PERSPECTIVE IS A
GOOD SIGN.
ON THAT COMMITTEE ACT EACH SIDE
OF THE COMMISSION ARE ALSO HAPPY
TO SAY THAT WE ARE HAVING MORE
PEOPLE REACHING OUT FOR TRAINING
AND WRKSHOPS AND INFORMATION ON
WHAT THEIR RIGHTS ARE. AYE IN
NEW YORK CITY ARE YOU I
MENTIONED THAT IN DECEMBER WE
HELD A CITYWIDE PUBLIC HEARING.
ON WORKPLACE SEXUAL HARASSMENT
AND WE YOU KNOW THAT HERE WAS
ACTUALLY PRETTY GATHER A FAIRLY
QUICKLY AND THE SPEED WITH WHICH
WE PUT IT TOGETHER WAS. IN PART
PROMPTED BY THE FACT THAT WE
WERE RECEIVING SO MANY QUERIES.
FROM CITY EMPLOYERS AND
BUSINESSES FOLKS WHO HAVE
OBLIGATIONS UNDER OUR LAW.
REACHING OUT TO SAY YOU KNOW
WHAT WE DON'T WANT TO BE A PART
OF ME TO WANT TO KNOW WHAT THE
BEST PRACTICES ARE WE WATCH. MY
GUIDANCE ON HOW WE SHOULD BE
HANDLING SITUATIONS AYE AND YOU
KNOW THE DIVERSITY OF NEW YORK
CITY.
YOU KNOW LIKE LIKE CANNELLA NAY
I MEAN THERE ARE A VARIETY OF
DIFFERENT INDUSTRIES AND WHAT A
FIX FOR ONE INDUSTRY DOESN'T
MEAN THAT THAT SAME SEX WORKS
FOR ANOTHER INDUSTRY.
SO IN PART ONE OF THE REASONS WE
WANTED TO DO SO QUICKLY PUT
TOGETHER THIS HEARING WAS SO
THAT WE CAN.
YEAH THE TESTIMONY AND THEN
RELEASE YOU KNOW OUR FINDINGS
FROM THE THE FOR THE AND THEN
I'M GOING TO OPEN IT
TO QUESTIONS.
BEFORE WE CLOSE.
IN ONE OF THE THINGS. THAT IS
OF CONCERN WE FEARED SOME HEARD
SOME BLOWBACK IF YOU WILL THAT.
YOU KNOW IF WE REDUCE THE
STANDARDS NOW WE'RE GOING TO END
UP WITH. A BACKLASH SO THAT
PEOPLE WON'T GO HAVE LUNCH WITH
ANYONE OTHER THAN THEIR WIVES OR
THAT THEY TO THE WON'T HIRE
WOMEN WE'VE ALREADY HEARD THAT
UP IN SACRAMENTO HERE.
BECAUSE IT'S TOO TROUBLESOME WE
DON'T WANT THE ALLEGATIONS WE
WANT TO AVOID ANY.
COMPLAINTS ABOUT SEXUAL
HARASSMENT CREATING US SO WE'RE
BRINGING OUT SPUR POTENTIALLY TO
THE HORRIFIC.
DYSTOPIA OF THE HANDMAID'S TALE
OF.
PEOPLE OSTRACIZING WOMEN IF YOU
WILL IN THE NAME OF PROTECTING
THEM.
FROM BADLY BEHAVING MEN. SO I
WONDER.
HAVE YOU OBSERVED ANY KIND OF
BACHELOR.
SLASH LIKE THIS IN LA OR IN NEW
YORK.
SO IF I MAY I CAN'T NECESSARILY
ATTACKS BUT I HAVE OF BEEN ABLE
TO IDENTIFY OF THIS TYPE OF
BACKLASH THAT YOU DESCRIBE.
BUT I CAN ASSURE YOU THAT IN AND
OF ITSELF THAT KIND OF BEHAVIOR
TREATING SOMEONE DIFFERENTLY FOR
FEAR OF. A OF BEING NAMED ANNIKA
YOU KNOW TO COMPLAIN.
TREATING SOMEONE DIFFERENTLY
BASED THEREON IS IN AND OF
ITSELF.
PROHIBIT UNDER THE POLICY WE
ABSOLUTELY WOULD TAKE ACTION WHO
WOULD TAKE THE COMPLAINT WE HAD
INVESTIGATED AND AN ISSUE OR
WHATEVER CORRECTIVE ACTION IS
APPROPRIATE BASED THEREON.
YEAH AND I KEEP SAYING IN NEW
YORK CITY.
THERE HAS CERTAINLY BEEN NO
REPORTED BACKLASH OF THAT KIND
SINCE THE STANDARD WAS
INTRODUCED IN TWO THOUSAND NINE.
AYE AND INTO THE TWENTY SIXTEEN
SINCE IT'S BEEN ACTUALLY
CODIFIED INTO OUR STATUTE IS
SIMILARLY HAS BEEN NO REPORTED
DECLINE. IN THE.
IN INDUSTRY OR IN EMPLOYERS
HIRING BUT MEN UP BECAUSE OF
THIS.
THANK YOU OF ANY OTHER QUESTIONS
SENATOR MORLOCK AT THANK YOU
MADAM CHAIR THANK YOU CAN'T
TOUCH ON WHAT I WAS CONCERNED
ABOUT AND THAT IS THE OVER
REACTION THE PENDULUM. BUT JUST
GO SO FAR TO THE OTHER SIDE SO.
IT WHO WHO ARE FINDING IN OUR
SOCIETY THAT WORDS HAVE
SOMETIMES HAD MULTIPLE.
AND SO SOMETIMES YOU'LL SAY
SOMETHING.
AND SOME OF THE WHOLE MY
GOODNESS WHAT DID YOU DID YOU
MEAN WHAT. AM GOING HOME QUIET.
DIDN'T WE MET AT ALL SO I AM
WONDERING. I INSTEAD OF A
COMPLAINT TERROR SOMETHING IN
YOUR FILE IF THERE'S A WARNING
OR THERE'S.
THERE'S EVEN SOME IMMATURE THAT
SAYS HEY. ARE WE HEARD THIS.
DURING HIS GIGGLE TIP MAYBE OUT
A.
CHANGE.
THIS THURSDAY YOU GO YAPHANK
SITES OF A MATURE HELPING ME OUT
THAT THAT.
USER SAYS THESE ARE LIKE
SOMETHING IN BETWEEN THAT A.
A FORTUNATE WILL AGAIN AGAIN ONE
OF THE HIGHLIGHTS OF THE POLICY
THAT I MENTIONED EARLIER IS THAT
AFFIRMATIVE DUTY TO REPORT IT'S
A VERY STRINGENT PROCESS POLICY.
SO IF SOMEONE WERE TO UTTER AN
INAPPROPRIATE.
WORD A REFERENCE IN THE
WORKPLACE THAT IS HEARD.
BY ANOTHER PERSON IN THAT
PERSON THE MANAGER SUPERVISOR
THERE ABSOLUTELY REQUIRED TO
REPORT IT AND NOT NECESSARILY
HANDLE IT INTERNALLY.
THERE IS NO NECESSARY IN A
MIDDLE GROUND.
NOTWITHSTANDING A UPON
COMPLETION OF THAT INVESTIGATION
AYE AND UPON REVIEW BY THAT
PANEL OF EXPERTS IN THE AREA OF
LOW LABOR AND EMPLOYMENT MATTERS
IT IS FOUND THAT THE US
SOMETHING INAPPROPRIATE TO TAKE
PLACE THAT FOR EXAMPLE IS A. YOU
KNOW BASED ON A PROTECTED STATUS
WHETHER IT BE BASED ON SEX
GENDER SOMEONE'S DISABILITY OR
PERCEIVED DISABILITY OR WHAT
HAVE YOU.
THEN CORRECTIVE ACTION IT WOULD
BE RECOMMENDED.
WE VERY RECENTLY ACTUALLY
IMPLEMENTED AS PART OF THE THE
PROCESS ON CORRECTIVE ACTION A
TRAINING WHERE APPROPRIATE WHICH
WE THINK IS A VERY GOOD ASPECT
OF OUR PROGRAM SO. OUT RATHER
THAN DISCIPLINING SOMEONE BEEN
BY WAY OF SUSPENSION AND HITTING
THEM IN THEIR POCKET. OF PERHAPS
THEY COULD BENEFIT FROM SOME
SPECIALIZED TRAINING SO THEY
KNOW A LITTLE BIT BETTER OVER A
DECADE.
THOSE ARE NOT THE TYPES OF CASES
THAT ARE GENERALLY LITIGATED IT
IS NOT
IT'S IS WHERE IT IS YOU KNOW ON
THE LINE
AS TO WHETHER OR NOT.
SOMETHING BY.
COULD BE CONSIDERED.
OBJECTIONABLE.
THE OR OR SEXUALIZED BY THE
REASONABLE PERSON THOSE THOSE
ARE GENERALLY NOT THE CASE IS
BETTER LITIGATED.
THAT'S WHAT WHEN I'D MAKE IT
QUITE I'D SAY IS THAT YOU KNOW
AND IF THEY WERE BUSINESSES OR
INDUSTRIES THAT STOP SAYING. YOU
KNOW WHO STARTED SAYING WE'RE
NOT GONNA HIRE WOMEN ANYMORE
BECAUSE WE'RE SCARED THAT PEOPLE
CAN'T ACT PROFESSIONALLY IN THE
WORKPLACE. AS THEY SHOULD WELL I
WILL TELL YOU IN NEW YORK CITY
THAT WOULD ALSO BE CONSIDERED A
VIOLATION OF THE LAW IF THEY DID
NOT HIRE. A QUALIFIED WOMEN FOR
JOBS BECAUSE THEY ARE WOMEN WE
WOULD CERTAINLY ALSO CONSIDER
THAT YOUR VIOLATION OF OUR CITY
RIGHTS LAW.
FROM ME AND I WOULD ALSO LIKE TO
CLARIFY THAT THE THERE IS A
MANDATE OF THAT A COMPLAINT IS
FILED HOWEVER IT IS ASSESSED AND
ADDED THERE IS A DETERMINATION
AND A REVIEW WHO.
SPEAKING TO OF THE INVOLVED
PARTIES OR WHAT WE CALL THE
SUBJECT OF THE PERSON WHO MADE A
COMMENT.
IT MAY.
INCLUDE A RECOMMENDATION OF
TRAINING SO IN EVERY SENSE A
FULL INVESTIGATION.
IS NOT COMPLETED FOR EVERY CASE
BUT EVERY COMPLAINT IS REVIEW.
ASSESS AND A DETERMINATION
REGARDING THEIR COMPLAINT IS
MADE.
THANK YOU THANK YOU VERY MUCH.
ANY OTHER QUESTIONS.
ALRIGHT THANK YOU FOLKS SO MUCH
THANK YOU NEW YORK CITY. A AND.
THANK YOU LA COUNTY FOR YOUR
LEADERSHIP IN THIS AREA AND AND
I THINK OUR. YOU PROVIDED US
WITH SOME VERY THOUGHTFUL. AND
INSIGHTFUL OPTIONS THAT I
SUSPECT WE WILL. BE CONSIDERING
AS WE TRY TO ADDRESS THOSE.
VERY VERY. TROUBLING PERVASIVE
PROBLEM. HOW HOW DO WE BEST
ASSURED THAT?
OF DO THINGS LIKE EDUCATE.
TRAIN INFORM BRING BYSTANDERS IN
THERE ARE THINGS THAT WE KNOW
HAVE HAD A POSITIVE IMPACT ON
REDUCTION REDUCING THIS
BEHAVIOR.
WHICH I THINK IS ULTIMATELY ALL
OF OUR GOAL AND.
I THINK YOU ALSO EMPHASIZE THE
IMPORTANCE OF A TRANSPARENT
REPORTING PROCESS.
I THINK THAT'S SOMETHING THAT WE
CAN ALL A TAKE HOME TO.
WITH US.
IN ALL OF OUR INDUSTRIES HERE
IN THE CAPITOL IN ALL PLACES AYE
I'M ASSUMING IT'S ALSO A SAFE
PLACE.
PEOPLE CAN FEEL SAFE AND SECURE
IN THEIR JOBS OUT WHEN THEY
REPORT I THINK THAT'S A CRITICAL
ELEMENT THAT.
WE RECOGNIZE HIS IS PART OF THE.
UP PROCESS TO MAKE THIS A
SUCCESSFUL.
PURSUIT SO THANK YOU VERY MUCH
FOR YOUR TESTIMONY. THANK YOU
VERY MUCH IT WAS OUR PLEASURE TO
BE HERE THANK YOU THANK YOU SO
MUCH.
NOW WAS THE TIME FOR PUBLIC
COMMENT TO IF THERE IS ANY I
WOULD LIKE TO OFFER ANYONE WHO
WOULD LIKE TO STEP FORWARD GIVE
US YOUR NAME YOUR AFFILIATION.
AND UP TO TWO MINUTES IF YOU
HAVE SOME THOUGHTS THAT YOU
WOULD LIKE TO SHARE.
GOOD AFTERNOON.
THANK YOU CHAIRMAN JACKSON MY
NAME IS JIM WINBERG I'M WITH THE
FRIENDS COMMITTEE ON LEGISLATION
THAT CALIFORNIA A QUAKER BASED
ADVOCACY GROUP OF THE SPEND A
VERY THOUGHTFUL AND INFORMATIVE
HEARING I REALLY WANT TO THANK
YOU FOR IT.
WE THINK THAT WE REALLY NEED A
BALANCED APPROACH.
.
YOU KNOW WEEKS.
IT IT SEEMS POLICY OFTEN SEEMS
TO VACILLATE SOMEWHERE IN
BETWEEN.
WE'RE NOT GOING TO DO ANYTHING.
FORCES YOU KNOW THE SUGGESTION
OF THE OF THE MIKE PENCE RULE
FOR EXAMPLE WHICH IS EQUALLY
DISCRIMINATE IF THE AND AND.
AND TWO OFFENSIVE AND.
WE'VE BEEN TALKING WITH HER
FRIENDS AT THE.
WE SAID ANNOUNCED DOT ORG AND
WHO WE.
KIND OF WONDER IF A. IF
RESTORATIVE JUSTICE.
MIGHT BE AN OPTION.
IN DEALING WITH.
BEHAVIOR THAT IS HIGHLY
OFFENSIVE AND INAPPROPRIATE. PA
BUT NEVER THE LESS BY ITSELF
MIGHT NOT RISE TO THE LEVEL OF
OF CRIMINAL CONDUCT.
BEHAVIOR THAT IS LEFT UNCHECKED.
THAT MAY BECOME MORE PERVASIVE
AND MORE SEVERITY DOT SERIOUS.
AND TYPICALLY THIS IS BEHAVIOR
THAT IS NOT REPORTED.
VICTIMS ARE LEFT SHOULDERING
THE BURDEN ON THEIR OWN.
THEIR PAIN AND SUFFERING IS
NEVER VALIDATED.
AND I JUST WANNA STRESS THAT
PARTICIPATION IN RESTORATIVE
JUSTICE HAS TO BE OPTIONAL.
HA IT ONLY WORKS WHEN
PARTICIPATION IS VOLUNTARY.
A RESTORED OF JUSTICE IS VERY
VICTIM CENTERED.
VICTIMS DECIDE WHAT THE
APPROPRIATE REMEDY IS.
THE SURVIVORS WHO PARTICIPATE
DOT REPORT A VERY HIGH DEGREE OF
SATISFACTION.
IN IN RESTORATIVE JUSTICE.
PROGRAMS.
IT BRINGS THE HARMON SUFFERING
OUT IN THE OPEN.
BRINGS THEM OUT OF THE SHADOWS
AND THEY FEEL VALIDATED.
MOST IMPORTANTLY IT CAN ALSO
TRANSFORM PERPETRATORS.
AND THE CULTURE.
BY ADDRESSING BEHAVIOR.
AT THE ON SET BOBBY PORT
BECOMES MORE SERIOUS MORE
SERIOUS AND MORE PERVASIVE. SO
WE WANTED TO EXPLORE THAT
OPTION.
WITH THE VARIOUS PARTIES
INVOLVED THANK YOU. THANK YOU
VERY MUCH.
IT THAT I KNOW THERE ARE NUMBER
DIFFERENT DEFINITION OF WHAT IS
RESTORATIVE JUSTICE BUT THAT
CERTAINLY DIDN'T WE WANT TO PUT
THIS ALL ON THE TABLE. OF THE
GOAL IS TO STOP THE BEHAVIOR
FACTLY.
SO IF THIS IS SOMETHING THAT
COULD BE HELPFUL CERTAINLY I DIE
THINK WERE OPENED TO THAT ALL OF
US WOULD BE OPEN TO THAT AND.
APPRECIATE YOUR COMMENTS ARE
THANK YOU.
GOOD AFTERNOON.
MEMBERS OF THE OF THE COMMITTEE
MY NAME IS ALAN RYAN KNOCK I'M
THE EXECUTIVE DIRECTOR OF THE
CHURCH STATE COUNCIL.
WE DEAL PRIMARILY WITH
RELIGIOUS DISCRIMINATION
HARASSMENT BUT WE FIND.
HARASSMENT OFTEN CROSSES OVER
AND WE SEE MULTIPLE BASIE'S I
ALSO SERVE ON THE LEGISLATIVE
COMMITTEE FOR THE CALIFORNIA
APPOINTMENT LAWYERS ASSOCIATION
BUT AGAIN I WOULD SAY MY
COMMENTS ARE THOSE OF MYSELF AND
MY ORGANIZATION.
IN THE DISCUSSION ABOUT THE
SEVERE OR PERVASIVE STANDARD.
IT SEEMED FROM THE COMMENTS
BUT THERE WAS CONCERNED THAT IF
WE SOMEHOW EITHER WATER DOWN OR
CHANGE THE STANDARD THIS WOULD
OPEN THE COURTS TO A FLOOD. OF
MARGINAL CLAIMS
AND I JUST WANTED TO BRIEFLY
OBSERVE.
FROM A PRACTITIONER'S STANDPOINT
THAT IS NOT A BECAUSE THAT'S NOT
A SERIOUS CONCERN. BECAUSE THE
P. THE BAR TO THOSE CLAIMS
GETTING INTO COURT ARE FOLKS
LIKE ME WHO CAN'T AFFORD TO TAKE
MARGINAL CLAIMS TO COURT.
INDIVIDUALS WHO HAVE VERY WEAK
CLAIMS OF SEXUAL HARASSMENT.
THEY MAY FIND SOME ASSISTANCE
WITH AN AGENCY LIKE THE FE H.
WHERE THERE CAN BE EARLY.
MEDIATION OF LOW VALUE CLAIMS
AND MAYBE SOME LEGAL SERVICES
ARE ORGANIZATIONS THAT CAN
PROCESS LOW VALUE CLAIMS VERY
QUICKLY. BUT. LAWYERS CAN'T
DEVOTE THE KINDS OF TIME AND
RESOURCES TO.
TO BRINGING THESE KINDS OF
CLAIMS IN COURT SO I DON'T THINK
THAT IF WE HAD JUST THE STANDARD
TO FOCUS ON THE FACT THAT
HARASSMENT CHANGES THE TERMS AND
CONDITIONS OF EMPLOYMENT OR IF
WE GO WITH SOMETHING LIKE A NEW
YORK STANDARD.
I I DON'T THINK THE FEAR IS
VIABLE BET IT'S GOING TO OPEN
THE FLOODGATES THANK YOU VERY
MUCH.
INTO VERY MUCH I KNOW THAT'S
OFTEN AN ARGUMENT THAT'S MADE
BUT THE REALITY IS THAT.
VERY FEW CASES ARE BROUGHT THAT
HAVE MARGINAL VALUE DIFFERENT
LAWYERS OUT THERE WE'RE GOING TO
DO IT MOSTLY AGAINST
CAN'T AFFORD IT SO.
THERE ARE THOSE OF
SERVE OBSTACLES THAT ARE
EXISTING THAT SORT OF THE
FUNDAMENTAL ASPECTS OF
LITIGATION.
ARE THERE ANY OTHER WITNESSES.
WHO WOULD LIKE TO SPEAK FOR TWO
MINUTES ALRIGHT? WITH THAT.
.
LOOKS LIKE JUST YOU AND ME
SOONER MORE DO YOU HAVE ANY
CLOSING COMMENTS.
VERY GOOD WELL I WILL CLOSE AND
I I WANT O FIRST THANK ALL THE
WITNESSES AND THE MEMBERS OF THE
PUBLIC WHO CAME IN. SHARE THEIR
VIEWPOINTS WITH US.
WHO APPARENTLY?
IN COMPETITION WITH. SOME OF
THE RENT CONTROL FOLKS.
THAT'S THE NOISE WE'VE BEEN
HEARING TODAY VERY ROBUST GROUP.
BUT TO THE FACT THAT WE KEVIN
BEEN QUITE AS.
A NOISE SEE DOESN'T MEAN THAT WE
ARE NOT OF THAT WE ARE ANY LESS
PASSIONATE ABOUT ADDRESSING THIS
PROBLEM.
IN FACT A I KNOW THAT.
WE ARE EXPERIENCING THIS ISSUE
OF SEXUAL HARASSMENT HAS COME TO
THE FORE.
TODAY IN IN WAYS THAT WE HAVE I
DON'T THINK SEEN.
AT ANY POINT IN TIME PREVIOUSLY
I MENTION THE NET HILL
SITUATION.
BUT.
IN THIS SITUATION NOW WE HAVE
SEEN.
PEOPLE STEP FORWARD.
BASED UPON THE CONDUCT IN THE
BEHAVIOR HERE IN OUR OWN
BUILDING.
IN OUR LEGISLATURE. IN CONGRESS
IN STATE HOUSES THROUGHOUT THE
COUNTRY. A IN THE HALLS OF POWER
IN HOLLYWOOD. IN.
SILICON VALLEY IN OUR
EDUCATIONAL INSTITUTIONS THIS IS
A UNIVERSAL PROBLEM.
AND WE NEED TO ADDRESS IT IN A
WAY. THAT IS GOING TO.
THE EFFECTIVELY IN THIS
BEHAVIOR SANCTION IT PUNISH
SHOULD.
WHILE IT IS GOING ON. AND THE
PURPOSES OF THIS HEARING HAS
BEEN TO IDENTIFY.
WHETHER OR NOT THE STANDARDS
THAT EXIST IN THE STATE TODAY.
OFFER HARASSMENT ON ANY LEVEL IN
ANY LOCATION ARE APPROPRIATE ARE
SUFFICIENT ARE ADEQUATE ARE
EFFECTIVE.
IT IS A CONVERSATION THAT I
THINK IS.
ABSOLUTELY IMPERATIVE THAT WE
HAVE.
WE NEED TO.
PROTECT THE WORKING WOMEN OF
THIS STATE IN ALL FACETS FROM
OUR OF FIELD WORKERS TO OUR C.
E. O.'S.
AND MAKE IT VERY CLEAR THAT
SEXUAL HARASSMENT IN THE
WORKPLACE WILL NOT BE TOLERATED
AND THAT IS A CHALLENGE.
BECAUSE THIS IS SOMETHING I'D
SUSPECT THAT'S BEEN GOING ON
SINCE THE BEGINNING OF TIME.
IT IS ON EVEN POWER IS UNEQUAL
POWER IT IS DESIGNED TO DEGRADE
AND HUMILIATE.
AND.
I THINK THAT.
BUT WE HAVE HEARD ON ALL LEVELS
A A A A CALL TO ARMS IF YOU WILL
ON THIS THAT THIS IS NOT GOING
TO BE ACCEPTED GOING FORWARD.
AND ONE OF THE WAYS WE CAN
ASSURE IT ISN'T ACCEPTED IS TO
IDENTIFY.
WHAT PROCESSES HAVE WORKED TO
REDUCE THIS BEHAVIOR TO END THIS
BEHAVIOR TO PUNISH THIS BEHAVIOR
TO ENFORCE THE LAW OUR JOB IS
POLICYMAKERS IN THE STATE OF
CALIFORNIA IS TO DO GOOD PUBLIC
POLICY? FOR EVERYONE IN THIS
STATE AND THAT IS THE PURPOSE OF
THIS HEARING WE WILL HAVE
ADDITIONAL HEARINGS I CAN ASSURE
YOU THIS IS JUST. THE BEGINNING.
I WANT TO MAKE SURE THAT ARE. A
EFFORTS ARE THOUGHTFUL AND
SUSTAINABLE.
THIS CANNOT BE A FLASH IN THE
PAN MOMENT THIS HAS TO HAVE A
POSITIVE PERMANENT IMPACT AND WE
ARE NOT GOING TO.
TREAT THIS MOMENT LIKE A
POLITICAL FOOTBALL WHERE PEOPLE
SCORE POINTS
ON A PARTISAN BASIS OR ON ANY
OTHER KIND OF BASIS THIS IS A
PROBLEM WE NEED TO ADDRESS.
THOUGHTFULLY AND EFFECTIVELY AND
SO I WANT TO THANK ALL OF YOU
WHO ARE HERE TODAY I WANT TO
THANK MY COLLEAGUE WHO HAS.
I'VE BEEN HERE THROUGHOUT AND
ALL OF OUR COLLEAGUES.
PARTICIPATED IN THOSE OF YOU
LISTENING AT HOME AND THOSE OF
YOU HERE. BY TRYING TO LISTEN
OVER THE SOUNDS BY IN THE
HALLWAY NEXT TO US.
BUT WE WILL NOT BE SHOUTED DOWN.
WE'RE GOING TO MAKE THIS HAPPEN.
I AM CERTAINLY DETERMINED THIS
IS A A POINT IN MY LIFE I'M ONE
OF THE OLDER MEMBERS HERE THIS
IS AN EXPERIENCE THAT MANY OF US
HAVE.
THAT LIVED THROUGH LIVED WITH.
OUR YOUNGER COLLEAGUES SHOULD
NOT HAVE TO CONTINUE LIVING
THROUGH THIS AND THAT IS A
COMMITMENT THAT I MAKE IS THE
CHAIR OF OF THE JUDICIARY
COMMITTEE AS LONG AS I.
HERE AND I BELIEVE MY COLLEAGUES
JOIN IN THAT WE WILL CONTINUE
THE FIGHT.
TIME IS UP THANK YOU.
WE ARE ADJOURNED