The Bane Act provides a civil cause of action against anyone who "interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of [California][.]" Second, Defendant's act of telling Plaintiffs "to work remotely from home, or remain in their offices or dorms for their 'own safety'" cannot plausibly be considered a threat that Defendant would commit violence against Plaintiffs if they did not work remotely from home—indeed, the opposite appears true, i.e., Defendant was attempting to protect Plaintiffs from potential harm. Code § 51.7)[:] Under the Ralph Act, "[a]ll persons within [California] have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics.
Author: Eugene Volokh
Published at: 2025-06-25 21:17:41
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