Sexual Harassment Protection in California

July 24, 2018

On July 9, 2018, California Governor Jerry Brown signed Assembly Bill 2770, which classifies certain workplace communications related to sexual harassment as privileged. Prior to the law’s passage, the California Legislature saw a rise in cases wherein individuals accused of sexual harassment in the workplace would counter-sue their accusers for defamation or libel, claiming that the accusations were false. During these defamation actions, documentation of the sexual harassment could be discovered or otherwise made public. The California Legislature has since identified that making these communications public may discourage victims of sexual harassment from bringing forward their complaints in the first place, a result which Assembly Bill 2770 seeks to avoid. The law may impact the employment relationship in other ways as well; additional information can be found here. The law goes into effect Jan. 1, 2019.

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The proceeding information is provided for informational purposes only, should not be construed as or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your counsel.