Starting January 1, 2019, employers cannot be sued by employees (or former employees) who are subject to sexual harassment complaints in the workplace. An employer that has a credible harassment complaint and takes action consistent with the results of an investigation or other findings is protected from a defamation claim from the alleged harasser. With the signing of AB 2770, employers will also be able to tell a prospective employer that the individual is not eligible for rehire because the employee engaged in sexual harassment.
This new law protects employers who take complaints seriously, investigate the complaints and take action consistent with their policy against alleged harassers. Furthermore, the law protects future employers from hiring individuals who have been found to engage in harassment.
AB 2770 makes it more important than ever to promptly investigate any and all harassment complaints in the workplace and ensure an objective and thorough investigation is completed, and corrective action is taken. Remember California law requires third-party investigators to be either a licensed attorney or private investigator.
CEA is here to help! Contact us with any questions or concerns, or if you need a trained investigator to assist you.