Section 3208.4 Of Chapter 1. General Provisions From California Labor Code >> Division 4. >> Part 1. >> Chapter 1.
3208.4
. In any proceeding under this division involving an injury
arising out of alleged conduct that constitutes sexual harassment,
sexual assault, or sexual battery, any party seeking discovery
concerning sexual conduct of the applicant with any person other than
the defendant, whether consensual or nonconsensual or prior or
subsequent to the alleged act complained of, shall establish specific
facts showing good cause for that discovery on a noticed motion to
the appeals board. The motion shall not be made or considered at an
ex parte hearing.
The procedures set forth in Section 783 of the Evidence Code shall
be followed if evidence of sexual conduct of the applicant is
offered to attack his or her credibility. Opinion evidence, evidence
of reputation, and evidence of specific instances of sexual conduct
of the applicant with any person other than the defendant, or any of
such evidence, is not admissible by the defendant to prove consent by
or the absence of injury to the applicant, unless the injury alleged
by the applicant is in the nature of loss of consortium.