AB 933 recently passed and will be enacted on January 1, 2024. The law provides more protections to the victims of sexual misconduct, harassment, and discrimination who are ultimately sued under defamation law. Since 2019, Section 47 of the California Civil Code made some publications/communications privileged and offered protections to employers and employees victims of sexual harassment from civil action on the basis of defamation. Starting January 1, 2024, as mentioned above, victims will have more protections.
In summary, what is considered “privileged communication” will include sexual assault, harassment, and discrimination. Additionally, victims sued for defamation will be eligible to recover compensation for damages and legal fees if they overcome a defamation case in which they are defendants.
So, what does this mean for you? What does this mean for those who suffered sexual misconduct in the workplace? Those who speak up for the misconduct that they suffer in the workplace will have more rights, or more protections, if they are sued for speaking or making publications about their experience.
If you suffered sexual assault, sexual harassment, or sexual discrimination and are afraid of facing a defamation lawsuit if you speak up about your experience, contact us today; it is important that you, and all others in the same position, understand the protections offered by California law.
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Understanding Who is Protected under AB 933
Who is protected under the law? Uder AB 933, individuals who had a reasonable basis to file a complaint of sexual misconduct – whether it is for sexual harassment, sexual discrimination, or sexual assault – are protected under the law. This applies only to the individuals who experienced the misconduct. Do these protections apply only to individuals who reported the misconduct? No, these protections apply to all victims, even those who did not file official reports of the misconduct.
What is Considered “Privileged Communication?”
Privileged communication consists of any communication that includes facts about:
- Sexual assault
- Sexual harassment
- Workplace harassment and discrimination
- Cyber sexual bullying
- Harassment, discrimination, or retaliation by a housing property owner
I am being Sued for Defamation. What Happens If I Win?
If you were sued for defamation but made privileged communication that is protected under AB 933, you could actually recover compensation. The damages that you may be entitled to receive may include the following:
- Punitive damages
- Treble damages
- Legal costs
If you have any questions about the damages that you could recover if you prevail as the defendant of a defamation lawsuit, contact the experts here at our law firm today.
Victims May Keep Quiet In Fear of Defamation Lawsuits
Unfortunately, many victims will actually not speak up about their experience or retract their previous statements about their experience. In general, this happens because they do not want to risk being sued for defamation and losing – and potentially having to pay damages to their attacker. Undeniably, false accusations should be taken seriously, and those making false accusations should be held accountable. However, individuals who are making statements based on facts – or privileged communication – will now have more protections in case they are sued for defamation.
Contact Our Lawyers at the Normandie Law Firm Today
If you are interested in learning more about how AB 933 protects you, contact the experts here at our law firm today. Here at the Normandie Law Firm, our lawyers are more than ready to provide you with the guidance that you need. Whether you are a victim of sexual harassment, sexual discrimination, or sexual assault, our legal team can help you; we can help you even if you are facing a defamation lawsuit.
Our team offers free legal services, which include free consultations and free second opinions. During these free legal services, our lawyers with experience in sexual misconduct will be available to answer all your questions and address all your concerns. Our team will provide you with all the information that you need. To benefit from these free legal services, contact us today. Our Zero-Fee Guarantee ensures that our clients will never have to pay upfront legal fees. In addition, our team works strictly on contingency, so our clients will not have to pay anything unless their claims are successful. If you do not win, you simply will not pay anything.
Contact the Normandie Law Firm today to learn more about AB 933 and the protections offered to you and other victims.
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