Los Angeles Workplace Sexual Abuse Attorney

AB 2777 (the SILENCE Act) opened a three-year revival window under CCP §340.16(b)(3) on January 1, 2023, allowing previously time-barred workplace sexual assault claims to be filed regardless of when the abuse occurred. This window closes permanently on December 31, 2026, meaning Sacramento survivors must file their civil lawsuit in Sacramento County Superior Court before that date or lose the right to pursue compensation forever. An attorney can evaluate whether your claim qualifies even if you were told years ago that your case was too old to pursue.

CCP §340.16, enacted through AB 1510 in 2021, extended the standard statute of limitations for sexual assault claims to ten years from the date of the last act of abuse, or three years from the date the survivor discovered or reasonably should have discovered the psychological injury caused by the assault. Before this law, many Sacramento workers were barred by the previous two-year limitation under CCP §335.1. Survivors of workplace sexual assault in Sacramento County should act promptly, as additional deadlines may apply depending on whether an employer or government entity is involved.

Yes, if your claim qualifies under AB 2777’s revival window codified at CCP §340.16(b)(3), you may sue for previously time-barred workplace sexual assault claims through December 31, 2026, regardless of when the abuse occurred. This revival provision was specifically designed to address situations where survivors were silenced, coerced, or otherwise prevented from coming forward when the abuse happened. Sacramento County Superior Court, located at 720 9th Street, is the proper venue for most workplace sexual abuse civil actions against private employers.

Under California’s Fair Employment and Housing Act (FEHA), Government Code §12940(j), both the individual perpetrator and the employer can be held liable for workplace sexual harassment and abuse. Employers are strictly liable when a supervisor commits sexual abuse, and liable for co-worker or third-party abuse when they knew or should have known about it and failed to take corrective action. Additionally, under civil assault and battery theories and California Civil Code §51.9, property owners, staffing agencies, and client companies who exercise control over the workplace can also face independent liability.

California law allows workplace sexual abuse survivors to recover economic damages including lost wages, lost earning capacity, and medical and therapy expenses, as well as non-economic damages for emotional distress, pain and suffering, and loss of enjoyment of life. Under FEHA (Government Code §12965), prevailing plaintiffs are typically entitled to recover reasonable attorney’s fees and costs, removing a significant financial barrier to bringing suit. Courts may also award punitive damages under Civil Code §3294 when an employer’s conduct was oppressive, fraudulent, or malicious, which is common in cases where management concealed or enabled the abuse.

Yes, Government Code §12940(h) expressly prohibits employers from retaliating against any employee who opposes, reports, or participates in the investigation of workplace sexual harassment or abuse. Protected activities include internal complaints to HR, filing a charge with the California Civil Rights Department (CRD), cooperating with investigators, and filing a civil lawsuit. Sacramento workers who experience termination, demotion, schedule changes, or hostile treatment after reporting sexual abuse may have an independent retaliation claim worth significant additional damages.

To pursue a FEHA-based workplace sexual abuse claim, you must first file an administrative complaint with the California Civil Rights Department (CRD), formerly the DFEH, within three years of the last unlawful act under Government Code §12960. The CRD will issue a right-to-sue notice, which you must obtain before filing a civil lawsuit in Sacramento County Superior Court. An attorney can request an immediate right-to-sue notice from the CRD so that civil litigation can proceed without waiting for the CRD investigation to conclude, which is the standard approach in complex sexual abuse cases.

Generally, California’s workers’ compensation system under Labor Code §3602 is the exclusive remedy for workplace injuries, but there is a critical exception for intentional acts. When a supervisor or employer commits or ratifies intentional sexual abuse, the exclusive remedy bar does not apply, and the survivor can pursue a separate civil lawsuit for full tort damages including emotional distress and punitive damages. Sacramento workplace sexual abuse victims can often pursue both a workers’ compensation claim for physical injuries and a civil lawsuit for the intentional wrongdoing simultaneously.

California’s Silenced No More Act (SB 331), effective January 1, 2022, prohibits settlement agreements and severance agreements that prevent employees from disclosing factual information about workplace sexual assault, harassment, or discrimination. Any NDA provision that attempts to silence a Sacramento survivor of workplace sexual abuse in violation of SB 331 is void and unenforceable as a matter of public policy under Government Code §12964.5. If you signed an agreement containing such a provision, an attorney can assess whether the clause is enforceable and whether it precludes your ability to file suit or speak publicly about the abuse.

Sexual harassment under FEHA (Government Code §12940(j)) covers unwelcome conduct based on sex that creates a hostile work environment or results in a tangible job consequence, and applies to employers with one or more employees for harassment claims. Sexual assault and battery are separate civil torts under California law that apply when there was unwanted physical contact of a sexual nature, carrying their own statute of limitations under CCP §340.16 and the AB 2777 revival window. Sacramento survivors often have overlapping claims under both FEHA and civil tort law, which can be pursued simultaneously and may result in significantly higher total damages.

Under FEHA and the California Supreme Court’s decision in State Dept. of Health Services v. Superior Court, employers are strictly liable when a supervisor engages in sexual harassment or abuse that creates a hostile work environment, with no affirmative defense available. By contrast, when the abuser is a co-worker or third party, the employer is liable only if it knew or should have known about the conduct and failed to take immediate and appropriate corrective action. In both scenarios, Sacramento survivors should document complaints made to HR or management, as this evidence is critical in establishing employer knowledge and the failure to act required under Government Code §12940(j).

Civil workplace sexual abuse claims against private Sacramento employers are typically filed in Sacramento County Superior Court, located at 720 9th Street, Sacramento, CA 95814, which has jurisdiction over unlimited civil cases involving damages above $35,000. Federal claims under Title VII of the Civil Rights Act of 1964 or Section 1983 are filed in the U.S. District Court for the Eastern District of California, located at 501 I Street, Sacramento, CA 95814. Many Sacramento workplace sexual abuse lawsuits assert both state FEHA claims and federal Title VII claims, which can be filed together in federal court or in state court under supplemental jurisdiction.

The majority of California workplace sexual abuse cases settle before trial, often after mediation or during the discovery process when internal employer documents and witness testimony are obtained. However, Sacramento County Superior Court trials are available to survivors who reject inadequate settlement offers, and California juries have returned multi-million dollar verdicts in workplace sexual abuse cases involving employer cover-ups or repeated misconduct. An experienced attorney will prepare every case for trial from the outset, which is the single most effective strategy for maximizing the settlement value of a claim.

California FEHA harassment protections under Government Code §12940(j) apply to employers with one or more employees for sexual harassment and sexual abuse claims, making California’s protections significantly broader than federal Title VII, which requires fifteen or more employees. This means Sacramento survivors working at small businesses, family-owned companies, restaurants, salons, or any employer with even a single worker are protected and can file a civil rights complaint with the CRD. Additionally, civil tort claims for assault, battery, and intentional infliction of emotional distress have no employee-count threshold and are available against any perpetrator regardless of employer size.

An attorney experienced with AB 2777 and CCP §340.16(b)(3) can immediately evaluate whether your previously time-barred workplace sexual assault claim qualifies for the revival window, gather and preserve evidence that may have become harder to obtain over time, and file the civil complaint in Sacramento County Superior Court before the permanent December 31, 2026 cutoff. Because the revival window closes regardless of how far along an investigation or negotiation may be, survivors cannot rely on tolling agreements or ongoing employer negotiations to protect their rights — only a filed complaint preserves the claim. Most Sacramento sexual abuse attorneys handle these cases on a contingency fee basis, meaning there is no out-of-pocket cost to pursue your case before the deadline.