Q: What is the law now on sexual harassment in California. I read the governor signed a bill that changed it.

— L.B., Palos Verdes Peninsula

A: The bill you are talking about, signed by Gov. Jerry Brown, becomes effective on Jan. 1. There was a California Court of Appeal decision titled Kelley v. Conco Cos., which held that a male ironworker did not establish a claim for sexual harassment because he did not show that the allegedly harassing party (also male) was motivated by sexual desire. Concerns arose that this created confusion in the law. Thus, the bill revised the definition of sexual harassment under the California Fair Employment and Housing Act to specify that employees who claim sexual harassment need not show that the offending conduct was motivated by sexual desire.

Q: What do you have to prove to have a case of sexual harassment in California?

— R.J., Lakewood

A: There are two basic situations that could result in a viable claim for sexual harassment: (a) quid pro quo (your employment is conditioned on unwelcome advances), and/or (b) hostile work environment (the harassment is so pervasive it impacts conditions of employment, and creates a work environment that is abusive).

Q: I deny that I ever harassed a co-worker, but my employer seems to believe her. In fact, I may get fired. How do I protect myself?

— K.J., Torrance

A: My first reaction — get a lawyer to guide, if not represent you. If you do not, some steps that at least should be considered: Insist on a fully independent, thorough examination. Point out your good history and record. Identify any witness(es) who support your position. A written record on your behalf may be useful. Also, your employer may have a formal process to follow (check the employee manual). An investigation of the accuser could shed some light (has she made claims like this before, not just there but at another place of employ?). Indeed, false accusation can be actionable, so you may have claims against her. Hence, I go back to my first reaction: consult with counsel.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.