If a worker reports harassment or files a discrimination complaint, they shouldn’t have to fear being sued just for speaking up. Thanks to a powerful new California law—Civil Code § 47.1—that fear is finally being addressed.
This law creates a qualified privilege that protects people who report sexual harassment, assault, or discrimination from being hit with retaliatory defamation or interference claims. It not only shields those reports but also gives survivors a path to sue if they’re targeted with bogus legal attacks. The law allows for:
- Treble damages
- Statutory damages of at least $10,000
- Attorney’s fees and costs
If you’re a survivor of sexual harassment or assault and you’ve been sued, threatened with a lawsuit, or dragged into court simply because you reported what happened to your employer, filed a complaint, or told your story in a legal setting, this law may protect you. It applies to communications made to your employer, a government agency, in a court filing, or even in some public contexts—as long as what you said wasn’t knowingly false or malicious.
In one of the first cases to test the new statute, we represented a public employee who reported sexual harassment and was then hit with a retaliatory defamation lawsuit filed by the alleged harasser. We moved for summary judgment based on Civil Code § 47.1, and judgment was entered in favor of our client and against the harasser on every cause of action.
This new law isn’t just a defense tactic. It’s a tool to shift the balance of power. If your client—or you—have been sued for coming forward, § 47.1 may not only stop the retaliation, but also allow you to hold the other party accountable.
If you’d like to talk strategy or need help evaluating how § 47.1 might apply to your case, get in touch with our team.