After officially becoming law on January 1, 2023, Assembly Bill 2777 (AB 2777), also known as the Sexual Assault and Concealment Accountability Act, became a resource that allows victims of sexual abuse to seek justice against bullies in the state of California. It also includes private sector employers who have harassed their workers in some way.
Given this law, it is more important than ever for employers to review their policies against sexual harassment, discrimination, and retaliation. This is in order to ensure that all staff are adequately informed about the legal ramifications of sexual assault to avoid promoting or participating in any practice that may encourage silencing or retaliation against reports of sexual assault in the workplace.
From January 1, 2023, until December 31, 2026, any lawsuit for sexual assault and abuse that has not proceeded by the statute of limitations may be filed in court, provided that such lawsuits have expired solely due to the expiration of the limitation period.
Employers should also thoroughly review their employees’ records for any allegations or history of sexual harassment or assault. They must also ensure that all records of their workers’ conduct are created and filed correctly.
Before taking any legal action, it is important to note that the law does not have jurisdiction to reinitiate claims that fall into the following categories:
- A claim that was the subject of final litigation in a court of competent jurisdiction before January 1, 2020
- A claim that has been resolved by written agreement between the parties before January 1, 2020
Additionally, it is important to note that, although the Law allows the possibility of filing lawsuits against various entities, public entities are exempt from the Law.