What precedent did Bollinger v. California Department of Corrections (1994) establish?

What precedent did Bollinger v. California Department of Corrections (1994) establish?

• A. It reaffirmed the right to free speech in the workplace.
• B. It emphasized the employer's duty to prevent and respond to sexual harassment under FEHA.
• C. It established Weingarten rights.
• D. It established Garrity rights.

Answer: (B)

Under California's Fair Employment and Housing Act, employers must take reasonable steps to prevent harassment and to correct it when it occurs. Bollinger v. California Department of Corrections (1994) reinforces that obligation for a public employer, showing that failure to implement preventive measures or to respond effectively to a harassment complaint can subject the employer to FEHA liability. This means having clear anti-harassment policies, ongoing training, accessible reporting procedures, and prompt, thorough investigations with appropriate remedial action. The case thus centers on the employer’s duty to prevent and address sexual harassment, rather than on unrelated rights like free speech in the workplace, union-related investigative rights, or compelled self-incrimination.

Under California's Fair Employment and Housing Act, employers must take reasonable steps to prevent harassment and to correct it when it occurs. Bollinger v. California Department of Corrections (1994) reinforces that obligation for a public employer, showing that failure to implement preventive measures or to respond effectively to a harassment complaint can subject the employer to FEHA liability. This means having clear anti-harassment policies, ongoing training, accessible reporting procedures, and prompt, thorough investigations with appropriate remedial action. The case thus centers on the employer’s duty to prevent and address sexual harassment, rather than on unrelated rights like free speech in the workplace, union-related investigative rights, or compelled self-incrimination.