Los Angeles Workplace Sexual Abuse Attorney

AB 2777 created a three-year revival window from January 1, 2023 through December 31, 2026, allowing survivors of adult workplace sexual assault to revive claims previously extinguished under CCP §340.16(a)’s standard limitation period. To qualify, the assault must have occurred on or after January 1, 2009, and the perpetrator’s employer or a business entity must have enabled, covered up, or failed to prevent the abuse. Once December 31, 2026 passes, this one-time revival opportunity is permanently foreclosed — survivors should consult an Oakland attorney immediately.

AB 2777 amended CCP §340.16 to add subdivision (b), enabling survivors of workplace sexual assault in Alameda County to bring previously time-barred claims through December 31, 2026, provided the assault occurred on or after January 1, 2009 and a business entity or employer enabled or covered up the abuse. Revived claims may be filed at the Alameda County Superior Court, René C. Davidson Courthouse, located at 1225 Fallon Street in Oakland, California 94612. This revival window is distinct from the childhood sexual abuse protections under AB 218 and CCP §340.1, which applied to minor victims under a separate lookback window that closed December 31, 2022.

Yes — California’s AB 2777 revival window under CCP §340.16(b) may allow you to sue your Oakland employer for workplace sexual abuse that occurred more than a decade ago, provided the assault happened on or after January 1, 2009 and your employer knew of, enabled, or covered up the abuse. Under the standard limitation in CCP §340.16(a), survivors ordinarily have 10 years from the assault or 3 years from discovery of psychological injury caused by it — but the revival window overrides expired time bars through December 31, 2026. An Oakland workplace sexual abuse attorney can evaluate whether your specific facts qualify under the revival provision before the deadline closes.

Workplace sexual abuse lawsuits against Oakland employers are filed and tried at the Alameda County Superior Court, René C. Davidson Courthouse, at 1225 Fallon Street, Oakland, California 94612, in the Civil Division. FEHA claims under Government Code §12940 et seq. and tort claims under CCP §340.16 are both litigated there. Federal Title VII claims may alternatively be filed in the U.S. District Court for the Northern District of California, located at 1301 Clay Street in Oakland, though California state court typically offers broader damages and stronger survivor protections.

Under FEHA (Government Code §12940) and California common law, liable parties can include the direct perpetrator, the employing company, individual supervisors and managers who personally committed or aided the harassment, and third-party contractors or clients who committed abuse on company premises. Employers are strictly liable under FEHA when a supervisor commits sexual harassment against a subordinate, and face negligence liability when co-worker or third-party abuse was known to — or should have been discovered by — management. Individual supervisors also face direct personal liability under FEHA for harassment they personally participated in or assisted.

Under CCP §340.16(a), as amended by AB 1619, survivors have 10 years from the date of the assault or 3 years from the date they discovered — or reasonably should have discovered — that a psychological injury was caused by the assault, whichever is later. AB 2777 added a revival window through December 31, 2026 for claims involving assaults on or after January 1, 2009 that are attributable to an employer or business entity’s enabling conduct. FEHA claims additionally require filing an administrative complaint with California’s Civil Rights Department (CRD) within three years of the unlawful act before a civil suit can proceed.

Yes — Government Code §12940(j) expressly prohibits sexual harassment, which encompasses sexual assault, and imposes an affirmative duty on all employers with five or more employees to take all reasonable steps to prevent and correct unlawful harassment. Under SB 1343, Oakland employers must provide mandatory anti-harassment training to supervisors every two years and to all non-supervisory employees, and must maintain accessible complaint procedures with prompt investigation protocols. Employers who fail to prevent harassment they knew or should have known about face liability under FEHA for back pay, emotional distress, punitive damages, and attorney’s fees under Government Code §12965.

Before filing a civil FEHA lawsuit, survivors must submit an administrative complaint to the California Civil Rights Department (CRD, formerly the DFEH) and obtain a Right-to-Sue notice; under Government Code §12960, this complaint must be filed within three years of the discriminatory or harassing act. Once the CRD issues a Right-to-Sue notice — which can be requested immediately upon filing — the survivor has one year to file a civil action in Alameda County Superior Court. Filing simultaneously with the EEOC may also preserve federal Title VII rights, which require EEOC charge filing within 300 days in California.

Survivors can recover both economic and non-economic damages, including lost wages, diminished future earning capacity, medical and psychological treatment costs, and pain and suffering damages under California Civil Code §3333. Alameda County juries may also award punitive damages against employers whose conduct involved malice, oppression, or fraud under Civil Code §3294 — amounts that frequently exceed compensatory damages in egregious cases. FEHA claims additionally allow recovery of attorney’s fees and litigation costs under Government Code §12965(c), making representation accessible even when the survivor cannot pay upfront.

The majority of Oakland workplace sexual abuse cases resolve through negotiated settlements before trial, but those that proceed are tried before Alameda County juries at the René C. Davidson Courthouse at 1225 Fallon Street. California Evidence Code §1106 restricts the admissibility of a plaintiff’s prior sexual conduct in civil sexual assault trials, providing meaningful evidentiary protections for survivors. Experienced Oakland attorneys typically file in Alameda County Superior Court rather than federal court to leverage California’s stronger FEHA protections, broader compensatory damages, and the availability of punitive damages under Civil Code §3294.

Yes — undocumented workers in Oakland have the same right as any employee to file workplace sexual abuse claims under FEHA (Government Code §12940 et seq.) and California common law; immigration status is not a legal bar under California law. The California Labor Code and FEHA expressly protect all workers regardless of their immigration status, and employers cannot use a worker’s undocumented status as a defense to sexual abuse liability. A skilled Oakland workplace sexual abuse attorney can file claims under state law and implement privacy-protective litigation strategies to minimize any immigration-related risk.

No — AB 2777’s revival window under CCP §340.16(b) applies only to private business entities and employers, not to public entities such as the City of Oakland, Alameda County, Oakland Unified School District, or the Port of Oakland. Survivors with claims against public employers must comply with the Government Claims Act (Government Code §900 et seq.), which requires filing a government tort claim within six months of the incident before a civil lawsuit can be filed. For public-entity claims, survivors should also file a FEHA complaint with the CRD within three years, as FEHA does apply to government employers under Government Code §12940.

Key evidence includes contemporaneous communications such as texts, emails, or voicemails from the perpetrator; documentation of reports made to HR, supervisors, or the CRD; medical and psychological treatment records; and witness statements from coworkers who observed the abuse or its aftermath. Under California Evidence Code §1108, prior sexual offenses by the defendant are admissible in civil sexual assault cases, making any prior complaints against the same perpetrator significant corroborating evidence. Preserving electronic records, securing surveillance footage promptly — which employers frequently overwrite within 30 to 90 days — and beginning a written incident log as early as possible are critical first steps.

FEHA (Government Code §12940(h)) and Labor Code §1102.5 both prohibit employers from retaliating against employees who report workplace sexual abuse, cooperate in investigations, or file CRD complaints, with violations giving rise to a separate retaliation claim. If a survivor is fired, demoted, transferred, or subjected to a hostile work environment following a report, they may recover reinstatement, back pay, emotional distress damages, and punitive damages in an Alameda County Superior Court lawsuit. Retaliation claims under FEHA must be filed with the CRD within three years of the retaliatory act and may be combined with the underlying sexual abuse claim in a single consolidated action.

You should contact an Oakland workplace sexual abuse attorney as soon as possible after the incident — critical deadlines include the December 31, 2026 AB 2777 revival window under CCP §340.16(b), the three-year FEHA administrative filing deadline under Government Code §12960, and the six-month government claims deadline under Government Code §912.4 if your employer is a public entity. Early retention of counsel helps preserve surveillance footage, electronic records, and witness accounts that employers and perpetrators may destroy. An attorney can simultaneously pursue claims under FEHA, CCP §340.16, and federal Title VII to maximize your recovery options and ensure no deadline is missed.