Assembly Bill-171 Protecting Harassment Victims from Retaliation

By law, employers in the State of California are prohibited from retaliating, discriminating, or terminating an employee who is a victim of sexual harassment, stalking, sexual assault, or domestic violence. Employers must be on notice of the harassment or have actual knowledge of the harassment. Assembly Bill-171, commencing July 1, 2020, has been presented to broaden the protections available for these victims.

The Equal Opportunity Employment Commission (“EEOC”) Select Task Force found that 75% of harassment victims never report harassment. To eliminate fear of retaliation, AB-171’s goal is to identify forms of harassment and retaliation, and clarify an employer’s responsibilities in protecting the employee. 

Details about Assembly Bill 171

Reintroduced by Assemblywoman Lorena Gonzalez of San Diego, AB-171 establishes a “rebuttable presumption” of retaliation if the termination of the employee happens within 90 days of the employee reporting his/her “status as a victim of domestic violence, sexual assault, sexual harassment, or stalking.” The presumption occurs if an employer takes specific actions within 90 days following either the date the employee provides notice or when the employer has actual knowledge. The purpose of moving this Bill forward is to provide workplace protection, regardless of an employee’s access to an attorney or economic standing. However, AB-171 allows the presumption to be rebutted by evidence that the employer has a non-retaliatory business reason for the adverse action taken.

The most important thing for employers to recognize is, as employment continues to evolve in California, responsibly clarifying and identifying forms of harassment and retaliation to your employees, legally protects both your business and your staff. The more an employee is aware of harassment procedures and protections, the smoother these processes will be if harassment issues arise in your organization.

At Tyler Law LLP, we are here to provide legal support. If you have questions about employment law, discrimination, sexual harassment, or retaliation on the job, we are available to help. Our goal is to ensure that you have access to a team of legal professionals who will protect your rights. If you need information about our legal services, call: (951) 600-2733.

BY: ROBERT H. TYLER, ATTORNEY AT LAW ASHLEY RICHARDSON, LAW CLERK