California's new AB 250 reopens the door for time-barred sexual assault claims, giving plaintiffs a two-year window starting Jan. 1, 2026, to revive old cases...
California's new AB 250 reopens the door for time-barred sexual assault claims, giving plaintiffs a two-year window starting Jan. 1, 2026, to revive old cases -- exposing private employers (but not public entities) to renewed liability for alleged "cover ups" through past confidentiality or nondisclosure agreements.
California employers, brace yourselves. With Governor Gavin Newsom's signature on Assembly Bill 250 (AB 250), the clock has been reset on sexual assault claims that were long since barred by statutes of limitation. Beginning Jan. 1, 2026, a two-year window has been opened, permitting the filing of lawsuits under section 340.16 of the California Code of Civil Procedure ("Section 340.16") -- a statute that allows plaintiffs to "revive" time-barred sexual assault claims from years ago. The statute also revives any "related claims," including claims for wrongful termination and sexual harassment. Section 340.16(e)(6).
AB 250 revives not only old claims but also old risks. While public entities have been spared this time, private employers face a fresh wave of potential liability unless they act now to shore up their confidentiality practices, review past agreements and strengthen compliance measures.
In its short life, Section 340.16 already has lived many lives, having been amended no fewer than four...
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