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Pacific Lumber Co. v. State Water Resources Control Board

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eBook details

  • Title: Pacific Lumber Co. v. State Water Resources Control Board
  • Author : In the Supreme Court of California
  • Release Date : January 30, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 100 KB

Description

In 2003, the Legislature amended the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA)) to state that employers are potentially liable when third party nonemployees (e.g., the employers customers or clients) sexually harass their employees. (Stats. 2003, ch. 671, § 2, amending § 12940, subd. (j)(1).) Prior to the amendment, section 12940, subdivision (j)(1), seemed to apply to employers and employees only. In amending the statute to expressly refer to harassment by nonemployees, the Legislature stated its intent "to construe and clarify the meaning and effect of existing law." (Stats. 2003, ch. 671, § 2.) The question we address is whether the 2003 amendment may be properly applied to the present action, which was initially before this court when the Legislature amended the statute. We conclude the amendment merely clarified existing law and therefore does apply to this case. We therefore reverse the Court of Appeals judgment on remand to the contrary.


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