California Disfavors Trial Courts Dismissing Most Harassment Claims before Trial
By: Phillip Maltin
SUMMARY: Changes to anti-harassment laws in California beginning on January 1, 2019, make it easier for employees alleging harassment to get to trial. The Legislature enacted this law: “Harassment cases are rarely appropriate for disposition on summary judgment. In that regard, the Legislature affirms . . . that hostile working environment cases involve issues “not determinable on paper.”
TAKEAWAYS: Employers may wish to work with their lawyers to establish legal defenses to harassment claims, such as statute of limitations. Lawyers, and their clients, may wish to consider early settlement negotiations and statutory offers to “compromise” claims that may protect the business.