156 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com Issue California statutes Federal statutes Can employers avoid liability for harassment by supervisors by showing they took reasonable steps to prevent and correct harassment and that the plaintiff unreasonably failed to follow those steps? No. An employer merely can limit damages, if it proves (1) it took reasonable steps to prevent and correct harassment, (2) the plaintiff unreasonably failed to follow the steps provided, and (3) reasonable adherence to the steps would have prevented at least some of the harm suffered (see § 6.5). Yes. An employer can avoid liability by showing (1) it took reasonable steps to prevent and correct harassment and (2) the plaintiff unreasonably failed to use the steps provided.6 What is the deadline for filing an administrative complaint? Three years.7 300 days or 30 days after notice that the state agency has terminated its proceedings under state law, whichever is earlier.8 What is the deadline for suing after getting a right-to-sue letter? One year.9 90 days.10 What is a protected disability? An impairment or condition that simply limits a major life activity, including one that prevents performance of any job, without considering whether corrective devices or measures would mitigate the impact of the impairment (see § 6.3.1). An impairment that substantially limits a major life activity, such as walking, talking, seeing, hearing, or learning. In the case of visual impairment, one considers if ordinary corrective lenses would correct the substantial limitation.11 Are only qualified individuals entitled to reasonable accommodations? No.12 Yes.13 What statuses are protected? Many statuses beyond those protected by federal law (see § 6.2). Principally race, color, religion, gender, national origin, age, disability, oppositional activity, and military service. Must plaintiffs overtly oppose an employer’s action to engage in activity protected from retaliation? No, plaintiffs need not opine as to unlawfulness, so long as their conduct implies that they think the employer’s conduct is discriminatory (see § 6.5). Yes, though Title VII does protect employees who speak out about discrimination during an employer’s investigation into another employee’s complaint of discrimination.14 Is the deadline for filing an administrative claim of discrimination tolled during the employee’s pursuit of an internal grievance? Yes.15 No.16 Can employers respond to requests for religious accommodation by segregating employees to reconcile their religious dress or grooming practices with employer personalappearance policies? No (see § 6.10). Yes.17
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