IS ALWAYS 20/20 SIGHT IND H WRITTEN BY SANDRA L. GOTTLIEB OF SWEDELSONGOTTLIEB
LOOKING AT DISCRIMINATION AND HARASSMENT LAWS FROM THE PAST DECADE TO SEE THE FUTURE
W
e look back not to reminisce about these milestones, but rather to put into perspective where we are going
as an industry. Understanding the movement in policies, laws and case history of discrimination and harassment issues will provide a foundation for your association’s customized policies, rules and conduct and enforcement of the governing documents. Lawsuits usually occur due to lack of knowledge and information or misinterpretations of the law.
It may be more clear as we look back over the Your
association doesn’t want to be the test case under new laws dealing with discriminatory or harassing conduct. If something doesn’t feel right, it probably isn’t.
decade’s legislative changes.
Before we get into these, it is relevant to review the definition of what we are discussing. Both the federal government and the state have laws governing harassment and discrimination.
Te California definition of harassment is “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person
that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. Te course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.” (California Code of Civil Procedure § 527.6(b) (3).) Tis year, the Department of Fair Employment and Housing further defined an aggrieved person as one that has been injured or is about to be injured. Tis is important because the person bringing the claim against the association or management doesn’t necessarily have to already sustained damage when the complaint is made.
A federal definition of hostile environment harassment (24 C.F.R. Section 100.600(a)(2).) is unwelcome conduct (due to race, color, religion, sex, national origin, disability, or familial status) that is severe enough to interfere with another’s enjoyment of their home or the enjoyment of the facilities in connection with their home. Wow! You see that we are not talking about work place harassment, rather we are talking about hostile living environment, right?
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