(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.
(Amended by Stats. 2006, Ch. 538, Sec. 644. Effective January 1, 2007.)