Many people who fear being falsely accused of harassment wonder if they can sue the person who made the claim. The accused harasser then sued her for defamation. The California Court of Appeals held that the claim filed with the EEOC was absolutely privileged and could not be the subject of suit. To hold otherwise would have a chilling effect on an employee' s right to be free from sexual harassment or discrimination in the workplace by exposing the employee to the risk of litigation as a consequence to seeking enforcement of this right.
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