California employers will no longer have to wait until harassment escalates into unlawful violence or a credible threat of violence to protect their employees. Thanks to a new law, effective as of January 1, 2025, employers may now seek a temporary restraining order (TRO) on behalf of an employee based solely on the act of harassment. The relevant law amends the California Code of Civil Procedure to add "harassment" as an additional standalone basis for employers to seek a TRO and injunction on behalf of an employee and, if appropriate, other employees at the workplace (see HERE).
Before January 1, 2025, employers could seek a TRO only if an individual (1) "assaulted, battered, or stalked" the employee, or (2) "made a credible threat of violence against the employee" by making knowing and willful statements, or engaging in a course of conduct, that would cause a reasonable person to fear for their safety or their family's safety.
As of January 1, 2025, employers may seek a TRO based solely on the occurrence of "harassment," defined as "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." The law specifies that such conduct must "cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress."
Under the law, employees for whom a TRO is sought have the right to remain anonymous. The law also prohibits courts from issuing TROs that infringe on speech or activities protected by the Constitution, the National Labor Relations Act, or other applicable laws.
Employer Takeaways
Among the benefits offered, the law allows employers to take proactive steps to protect their workforce based on harassment alone, simplifies the legal process to obtain a TRO, and improves workplace safety and morale. To leverage these benefits, employers should:
- Inform employees about the expanded protections under the law;
- Update workplace policies to reflect these new protections;
- Explore whether a TRO is appropriate when addressing complaints of harassment; and
- Train appropriate personnel on new protections and considerations under the law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
