Three populous and trend-setting states—New Jersey, New York and California—recently enacted new laws that provide a vast window of opportunity for complainants to bring otherwise time-barred claims of sexual assault, abuse or harassment.

New Jersey's legislation, effective Dec. 1, extends broader rights to individuals seeking to bring claims of sexual assault, harassment or abuse against organizations. Complainants bringing such claims will now have a two-year window in which to file a complaint. Under the new law, victims of child sexual abuse may bring claims against individuals and public or private institutions until they reach age 55, or up to seven years after discovering the abuse. The New Jersey law also voids all private agreements that settle class claims of sexual abuse, requiring employers to address such claims individually.

New York's new legislation, signed into law in August 2019 and effective February 2020, extends the statute of limitations from one to three years for complainants seeking redress regarding workplace sexual harassment claims. The law also requires courts to interpret the New York Human Rights Law liberally—regardless of federal law—to allow contractors, vendors and other nonemployee complainants the same ability to file complaints of workplace harassment as employees.

California's new Stop Harassment and Reporting Extension (SHARE) Act, effective Jan. 1, 2020, will extend the time period within which employees may bring a claim of workplace discrimination, harassment and retaliation with the California Department of Fair Housing and Employment (DFEH) from one to three years. The act also allows claimants a period of one year after filing their DFEH charge to file a civil lawsuit. Combined, the SHARE Act's extensions of time to file DFEH charges and civil lawsuits may expose employers to previously time-barred claims of harassment and assault.

Other states may well follow the lead of New Jersey, New York and California, and employers must be prepared for a potential outpouring of new complaints involving conduct that occurred well in the past. An employer should assess its potential exposure by identifying areas of vulnerability, including settlement agreements that are now void under New Jersey law; claims dismissed on statute of limitations grounds that may now be raised; prior conduct that was previously not raised due to fear of retaliation; and potentially actionable conduct of current employees.

In addition to performing its own risk analysis, an employer must also investigate and address all claims of sexual harassment and abuse. Investigating age-old claims brings its own challenges, including collecting documents and eliciting necessary information from witnesses with faded memories. It is critical to properly manage communications and workplace relationships, including those between the complainant, alleged harasser, witnesses and other involved employees. Employers must also be ready to handle public relations and media communications regarding potentially high-profile, high-stakes, reputation-impacting coverage.

Employers and organizations should take this opportunity to examine their culture, both present and past. Doing so may help prevent litigation and limit exposure. It will also create a vibrant environment free from harassment, which will increase employee morale, help to retain top talent, and bolster the employer's reputation as a place where employees can thrive.

Sara A. Begley is a partner in Holland & Knight's Philadelphia office. She handles high-stakes matters for corporate employers. Her practice is diverse and includes a wide scope of employment litigation, including claims of discrimination, retaliation, sexual harassment and Sarbanes-Oxley and state law whistleblower claims.

Jeremy Sternberg is a partner in the firm's Boston office and serves as the practice group leader for the firm's Boston litigation group. He practices in the area of litigation with a particular emphasis on white collar criminal defense, government enforcement and complex business disputes. 

Dana Feinstein is a Philadelphia labor and employment attorney and a member of the firm's labor, employment and benefits group. She represents employers in all aspects of employment law, including discrimination, harassment, retaliation, and wrongful termination claims, as well as wage-and-hour collective, class and multiplaintiff actions.