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The new rules will require attorneys to notify the bar of pending legal actions.

California Approves Harassment and Bias Rules for Lawyers

The #MeToo movement that has swept the nation has brought a new set of professional conduct rules to the legal profession. While these rules were years in the making, they were recently approved, and will take effect in the fall for all lawyers practicing in California.

The California Supreme Court released new rule 8.4.1, which requires lawyers to notify the California Bar Association of “any criminal, civil, or administrative action premised, in whole or in part, on the same conduct that is the subject of the State Bar investigation or State Bar Court proceeding.” In other words, if an attorney is sued for sexual harassment, he or she will have to advise the Bar Association about the lawsuit. This could put more pressure on lawyers to settle these cases — or to not harass their employees in the first place.

Under the revised rule 8.4.1, attorneys cannot discriminate, harass, or retaliate against a client, employee, intern, volunteer, applicant or contractor based on a “protected characteristic.” Under the rules, a protected characteristic includes sex, gender, gender identity or expression, and sexual orientation. The rule also makes attorneys responsible for harassment and discrimination by any employee of their firms — not just their own actions.

Shortly before releasing these new rules, the California Supreme Court proposed publicly releasing harassment and discrimination settlements involving judges and court employees. This action will allow for greater transparency in the legal world — an industry that is not immune to sexual harassment and misconduct.

While many people may believe that attorneys know the law and therefore “know better,” the reality is that harassment, bias and discrimination are common in every field. Unfortunately, the legal industry is not exempt. According to an employment lawyer, many cases of harassment and retaliation arise out of the legal system. This newly revised rule may provide some further guidance — and additional incentives — for attorneys to ensure that they comply with the law.

If you have been subject to discriminatory treatment at work, or been subjected to sexual harassment, it can be hard to know what to do. Fortunately, there is help. A skilled employment lawyer can work with you to determine the best course of action, which may include filing a legal action with the appropriate state or federal legal body, or eventually filing a lawsuit against your employer. There are a number of federal and state laws that protect employees from harassment, discrimination and bias. This latest update to the California Rules of Professional Conduct is just one example of how attorneys may be regulated when it comes to unlawful employment practices.

At PLBH, we have more than 40 years of experience helping employees who have been discriminated against or harassed on the job. Contact our firm today at (800) 435-7542 or info@plblaw.com to learn more about how we can help you.