As a second Trump administration approaches, we’re running out of time to confirm as many federal judges as possible to provide a check on his presidential power and curb his stated policy priorities.
National Women’s Law Center and Legal Momentum, together with Holland & Knight LLP and 31 advocacy organizations, have submitted an amicus brief in Sabatini v. Knouse. This appeal is about whether a reported harasser’s defamation suit against a woman who reported him can be immediately dismissed under Massachusetts anti-Strategic Lawsuit Against Public Participation law. Our brief first educates the court on the ubiquity of sexual harassment; that it is dramatically underreported, in part due to concern about retaliation; and that harassers are increasingly weaponizing defamation lawsuits precisely to retaliate against and chill reporting. Second, we discuss why statements made in the context of employers’ sexual-harassment investigations, like the harassment report here, are—and need to be—protected under Massachusetts law.