A patchwork of laws during the past few years lays the groundwork for monetary relief for people who have suffered sexual assault, harassment and other types of discrimination.
The latest in California, what is sometimes referred to as a “lookback window,” opened a three-year period — from 2023 through Dec. 31, 2026 — for adults who allege sexual abuse by another adult to pursue civil litigation.
Importantly, this joins recent laws that ban confidentiality and non-disparagement clauses regarding harassment or discrimination (in severance and employment agreements) and prevent forced arbitration clauses when there are allegations of sexual assault or harassment.
Altogether, it means victims of sexual assault and harassment can have their days in court, despite prior legal hurdles such as statutes of limitations and clauses wrapped into employment contracts.
Among those now facing lawsuits under California’s new law: actor Bill Cosby, whom former Playboy model Victoria Valentino accused of sexual misconduct after they met at an audition in
1969, NBC News reported last month.
But let’s look at the specifics of Assembly Bill No. 2777, known as the Sexual Abuse and Cover Up Accountability Act — and particularly at aspects that could apply to the workplace.
The existing law limited time for civil lawsuits stemming from alleged sexual assault against adults to within 10 years from the date of the last act or attempt, or within three years from the
date the victim realized an injury or illness resulting from the act — whichever was later.
In a nutshell, the new law temporarily (through 2026) extends the statute of limitations on sexual assault, citing — among other things — how common it is, the emotional and psychological toll, and the difficulty of confronting a perpetrator.
“Moreover, when these data are combined with widespread news reports of major companies being accused of covering up sexual assaults by their employees, it is self-evident that statutes
of limitation for sexual assault need to be crafted in a way that does not cause the covering-up company to enjoy the fruits of their cover-up solely because our statutes of limitation permit, and
thus motivate, such behavior,” the law reads.
Key points:
● Victims now can pursue any claim seeking damages suffered because of a sexual assault that happened on or after Jan. 1, 2009, that would otherwise be barred solely because of the statute of limitations.
● If there was a coverup, the timeline isn’t limited, so long as allegations include sexual assault, name a specific legally responsible party(ies), and allege a coverup of prior sexual assault instances or allegations by the alleged perpetrator or agents of the perpetrator. Notably, the law specifies that a cover up can include use of nondisclosure or confidentiality agreements.
● Any claims related to an alleged sexual assault, such as wrongful termination and sexual harassment, also are revived.
● Exceptions: Claims that were litigated to finality or that reached written settlement agreements by Jan. 1, 2023, are not eligible. The law also specifies that it revives cases that would be barred solely because the statute of limitations had expired.
● Criminal prosecution or conviction is not required to pursue a civil case. A separate lookback window applying to people over 40 who suffered abuse in California as children closed at the end of last year, prompting a rush of lawsuit filings, according to a report in the Los Angeles Times. If you’ve been the victim of assault, harassment, discrimination, or retaliation in the workplace, don’t hesitate to seek legal advice. These violations are illegal and wrong, and we are passionate about advocating for victims. Start with a free consultation — the experienced employment lawyers at Keller Grover can help you understand your rights, protections, and options. In more than 25 years litigating fraud and employment cases, we have recovered hundreds of millions of dollars for clients and class members. Let us add you to that list.