Section 1256.5 Of Article 1. Eligibility And Disqualifications From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 5. >> Article 1.
1256.5
. (a) An individual shall be deemed to have left his or her
most recent work with good cause if the director finds that he or she
leaves employment because of sexual harassment if the individual has
taken reasonable steps to preserve the working relationship. No
steps shall be required if the director finds it would have been
futile. For purposes of this subdivision, unwelcome sexual advances,
requests for sexual favors, and other verbal, visual, or physical
conduct of a sexual nature constitutes sexual harassment when any of
the following occur:
(1) Submission to the conduct is made either explicitly or
implicitly a term or condition of an individual's employment.
(2) Submission to or rejection of the conduct by an individual is
used as the basis for employment decisions affecting the individual.
(3) The conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
(b) Findings of fact and law by the director shall not
collaterally estop adjudication of the issue of sexual harassment in
another forum.