California's New Protections for Victims of Workplace Hostility

May 28, 2024

AB 933 defends victims of workplace misconduct against defamation claims. 

Last October, Governor Gavin Newsom passed Assembly Bill 933 expanding protections on anyone who is a victim of workplace hostility after sexual assault, harassment, or discrimination allegation. The new bill, also commonly referred to as the “#MeToo Bill” serves to protect individuals from being sued for defamation as a retaliatory measure by their aggressors or employers. It supports the survivor's right to come forward and report the incident without facing reprimands for doing so. 


Any individual who reports workplace sexual assault, harassment, or discrimination can now present as evidence correspondence between them and the aggressor, that helps them build their case and justify their report, as well as not face empty defamation claims from their employers or aggressors. 

WHAT DOES AB 933 STATES? 


This legislation expands the definition of privileged communication in defamation cases under the California Civil Code to now include good faith statements made regarding sexual assault, harassment, discrimnation and cyber-sexual bullying.. The law took effect on January 1, 2024. 


Previously, California statutes outlined specific privileged communications, protecting speakers from defamation claims. These privileged categories included statements made in pursuit of a lawsuit or the proper discharge of official duties. AB 933 amends California Civil Code § 47.1, by designating a communication "without malice, regarding an incident of sexual assault, harassment, or discrimination" as privileged. This protection extends to individuals with a reasonable basis for filing a complaint, regardless of whether a formal complaint is submitted. 


This bill comes at a time when many people shy away from reporting their workplace incidents for fear of being ostracized and slandered, and makes it easier for people to report work misconduct, without the threat of retaliation on their employers or aggressor’s side. 


WHO IS PROTECTED BY THIS LAW? 


The privilege applies to individuals with a "reasonable basis to file a complaint of sexual assault, harassment, or discrimination." In other words, the new law safeguards the person who experienced the underlying conduct, such as sexual harassment or assault. This protection extends even if the individual chooses not to file a complaint about sexual misconduct. 


It’s also important to note that this bill covers  survivors of sexual assault, harassment or discrimination  in all workspace . As the new bill isn’t limited to sexual assault claims and include discmrination, it also covers claims for sexism, homophobia, ageism, religious intolerance, and noncompliance with disability protection laws. 


WHAT CAN BE SUBMITTED AS COMMUNICATION?

AB 933 broadly defines "communication" to encompass factual information related to: 


  1. "An act of sexual assault”. 
  2. "An act of sexual harassment”. 
  3. "An act of workplace harassment or discrimination, failure to prevent such acts, aiding, abetting, inciting, compelling, or coercing such acts, or retaliation against a person for reporting or opposing workplace harassment or discrimination”. 
  4. "An act of harassment or discrimination, or retaliation against a person for reporting harassment or discrimination, by the owner of a housing accommodation"; or 
  5. "An act of cyber-sexual bullying," as outlined in California's Education Code. 

Simply put, the communications to submit can be emails, chats, documents, and such that record misbehavior and serve to provide credibility to the allegations. 


WHAT REMEDIES BE OBTAINED? 


Typically, in defamation cases, defendants cannot seek reimbursement of attorneys' fees if they win. However, with AB 933 things drastically changed. 


If the individual can successfully prove they had a reasonable basis for their  allegations of sexual assault, harassment or discrimination against the party retaliating against them then the victim can recover attorneys' fees and costs, along with treble damages and punitive damages. 


This avoids the revictimization and backlash the survivors often face for reporting their assailants and helps promote individuals coming forward to report workplace misconduct more safely. 


CONCLUSION

If you or someone you know have experience workplace sexual assault, harassment or discrimination and are seeking to report it, consult with LFECR. Our experienced employment rights lawyers at LFECR are here to guide you toward a resolution that upholds your rights and dignity. 


LFECR is an experienced employment law firm that can provide guidance, support, and legal representation to help you pursue justice and hold your former aggressor accountable for their actions. 


Call 844-697-4448 today for a free and confidential consultation to get the help you need and deserve. 



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