EmploymentQuestion 1053 of 1632

Under current California law (Gov. Code §12923), a single incident of harassing conduct:

a.Can never create a hostile work environment
b.Is actionable only if repeated ten or more times
c.May suffice if it is sufficiently severe
d.Must be reported within 24 hours or is waived

Explanation

Government Code §12923(b) states the Legislature's intent that a single incident of harassing conduct is enough to create a triable issue on a hostile work environment if it has unreasonably interfered with the plaintiff's work performance - and §12923(a) rejects any requirement that the conduct destroy the ability to work. (b) is the pervasiveness fallacy, stated with a count: severity and pervasiveness are alternatives, so one serious act can substitute for many minor ones. (a) is the old federal reading §12923 was written to displace. (d) invents a reporting deadline; the FEHA filing period is three years under §12960, and an employee's delay in reporting does not waive the claim, though it can affect the employer's knowledge.

Law Reference: Government Code §12923(b); Harris v. Forklift Systems (1993) 510 U.S. 17

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