AB 933 provides more protections to victims of sexual misconduct and other offenses who are sued under the state’s defamation law. Since 2019, Section 47 made certain publications/communications privileged and protected employers and employees that were victims of sexual harassment from civil action on the basis of defamation. Under these new updates, as of January 1, 2024, victims will have more protections.
To summarize, privileged communications will now include sexual assault, harassment, and/or discrimination. In addition, victims will be able to collect compensation for legal fees and damages if they overcome a case successfully as a defendant for a defamation lawsuit.
What does this mean for victims of sexual misconduct in the workplace? Victims that speak up for the sexual assault, sexual harassment, or discrimination that they suffer in the workplace (whether they are employees or employers) will have more protections if they are sued for defamation in response to their claims of sexual assault, harassment, or discrimination.
If you suffered sexual assault, sexual harassment, or sexual discrimination and are afraid of facing a defamation lawsuit, it is important that you understand that you have certain protections under California law.
Who is Protected under AB 933?
Individuals who had a reasonable basis to file a complaint (whether it is a complaint of sexual harassment, discrimination, or sexual assault) are protected under this law. More specifically, individuals who actually experienced misconduct are protected. The protection applies even if there was no official report. Individuals who did not experience the misconduct firsthand are not protected under the law.
What is Considered Privileged Communication?
A privileged communication is any communication that includes facts about any of the following:
- Sexual assault
- Sexual harassment
- Workplace harassment/discrimination
- Harassment, discrimination, or retaliation for reporting by a housing property owner
- Cyber sexual bullying
What Happens if I was Sued for Defamation but Won?
If you were sued for defamation and ultimately won the case because you made privileged communication protected under AB 933, you could be entitled to receive compensation. The compensation that you could ultimately be awarded may include the following:
- Punitive damages
- Treble damages
- Legal fees
Victims Will Often Keep Quiet to Avoid Defamation Lawsuits
Many victims of sexual assault will either keep quiet or completely retract their statements about sexual misconduct (including assault, harassment, or discrimination). This is usually because victims may not even want to risk potentially having to pay damages to their attacker if the attacker wins the defamation lawsuit.
Without a doubt, false accusations are a serious issue, and so-called victims should be held accountable for making false accusations. Still, the new law ensures that victims with a reasonable basis to file complaints of sexual assault, harassment, or discrimination are protected and can actually be compensated if they are sued for defamation.
Contact an Employment Lawyer Today
Here at the California Labor Law Employment Attorneys Group, our legal team has decades of experience handling all sorts of claims, including claims of sexual assault, sexual harassment, and discrimination in the workplace. Our lawyers are not afraid to handle your claim, even if you are facing a defamation lawsuit for speaking about your experience. If you are looking for legal help, contact our lawyers today.
We are proud to offer free legal services, which include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns; our experts will do everything necessary to ensure that your claim is in the best hands possible and that it is ultimately successful. If you are owed compensation, then our team will aggressively fight for your right to recover what you are owed. To benefit from these free legal services, contact us today.
Our Zero-Fee Guarantee ensures that our clients never have to worry about paying any upfront legal fees. Our team also works on a strict contingency structure; this means that our clients will never be required to pay anything unless their claims are successful. If you do not win, you will not have to pay anything at all.
If you are ready to speak with our employment lawyers, contact us as soon as possible.
