Defamation Protection After Harassment Complaint

Sometimes after a harassment complaint is made, the respondent accuses the victim and/or employer of defamation. Defamation is a claim for injury to one’s reputation resulting from a false written or oral statement.

California Civil Code section 47 offers some protection to employers and victims of sexual harassment from liability for defamation by an alleged a respondent after a complaint of sexual harassment has been made.¹

Section 47 has long protected certain communications as privileged, making them immune from defamation lawsuits. One of these privileges applies to employers when they are