California Supreme Court case No. S127921

The Supreme Court has ruled that the amendments to the FEHA explicitly requiring employers to protect employees from harassment by third parties were "merely declaratory of existing law" and, therefore, had retroactive effect.

This reverses the holding of the Court of Appeal (which was contra Salazar II).

I lost an MSJ trying to argue what the Supreme Court said was wrong here, so I can feel better about it, and my local judge, but somehow I think this is wrongly decided.

Kimberley has a great summary of her personal notes from the argument in the California Supreme Court on Prop. 64 retoractivity.  She continues to show why she’s one of the best legal bloggers out there.  Go read.

I will be updating the legislative tracks.  A major deadline for this session is coming soon.