Officially signed into law on January 1, 2023, Assembly Bill 2777 (AB 2777), also known as the Sexual Abuse and Cover-Up Accountability Act, became a resource that allows victims of sexual abuse to seek justice against batterers in the state of California. It also includes private sector employers who have harassed their workers in some way.
With this law in mind, it is more important than ever for employers to review their policies against sexual harassment, discrimination, and retaliation. This is to ensure that all staff are adequately informed about the legal ramifications of sexual assault. And so to avoid promoting or participating in any practice that could encourage silencing or reprisals against reports of sexual assault in workplaces.
As of January 1, 2023 and until December 31, 2026, any claim for sexual assault and abuse that has not proceeded by the statute of limitations may be filed in court. As long as said claims had been prescribed solely because of the expiration of the limitation period.
Employers must also thoroughly review their employees’ files for any allegations or history of sexual harassment or assault. As well as making sure that all the conduct records of your workers are created and filed correctly.
Before taking any legal action, it is essential 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 point out that, although the Law allows the possibility of filing lawsuits against various entities, public entities are exempt from the Law.