Sexual Harassment at Work in California: What to Do and Your Rights

Sexual harassment at work is illegal in California, and the law protecting employees is among the strongest in the country. If you are experiencing harassment, you have rights, and you do not have to tolerate it or quit to escape it. This guide explains what counts as sexual harassment under California law, how to document it, the deadlines that apply, and the steps you can take to protect yourself.

The Law That Protects You

Sexual harassment is prohibited by the Fair Employment and Housing Act, Government Code section 12940 and following. Importantly, the harassment provisions apply to employers of every size, even those with only one employee. The protection also extends beyond employees to interns, volunteers, and certain independent contractors. Harassment can come from a supervisor, a coworker, or even a non-employee such as a client or customer when the employer knew or should have known and failed to act.

Two Main Types of Sexual Harassment

California law recognizes two broad categories:

• Quid pro quo harassment occurs when a job benefit, such as a raise, promotion, or continued employment, is conditioned on submitting to sexual advances, or when rejecting advances leads to a negative job consequence.
• Hostile work environment harassment occurs when unwelcome conduct of a sexual nature is severe or pervasive enough to alter the conditions of employment and create an abusive working environment.

Harassment does not have to be motivated by sexual desire. Conduct based on sex, gender, gender identity, gender expression, sexual orientation, or pregnancy can all qualify.

What Counts as Harassment

Harassing conduct can be physical, verbal, or visual. Examples include:

• Unwanted touching, blocking movement, or sexual gestures
• Sexual comments, jokes, propositions, or repeated unwelcome advances
• Sending sexual images, texts, or emails
• Displaying sexually explicit material in the workplace
• Spreading sexual rumors or commenting on a person's body

A single severe incident, such as a sexual assault, can be enough to support a claim. Less severe conduct may still be unlawful when it is frequent or pervasive.

Retaliation Is Separate and Also Illegal

It is unlawful for an employer to punish you for reporting harassment, supporting someone else's complaint, or participating in an investigation. If you are demoted, disciplined, given worse shifts, or fired after speaking up, that retaliation can be a separate violation of FEHA, even if the underlying harassment claim is still being evaluated.

How to Document and Report

1. Report the conduct through your employer's complaint or anti-harassment policy, ideally in writing, so there is a record.
2. Keep a private log of each incident with dates, locations, what was said or done, and any witnesses.
3. Save evidence such as texts, emails, voicemails, and images. Store copies somewhere outside of work systems.
4. Note how the conduct affected your work and well-being.
5. Be cautious about signing any severance or release before you understand your rights.

Employers in California are required to take reasonable steps to prevent and correct harassment, and many must provide harassment-prevention training. An employer that ignores a complaint may face additional liability.

Deadlines You Should Know

To pursue most FEHA claims in court, you generally must first file a complaint with the California Civil Rights Department and obtain a right-to-sue notice. Under Government Code section 12960, the administrative complaint generally must be filed within three years of the harassment. After receiving an immediate right-to-sue notice, you typically have one year to file your lawsuit. Because these windows are firm and the facts can affect them, it is wise to seek advice early.

The Employer's Duty to Prevent and Correct

California does not just ban harassment; it requires employers to take active steps to stop it. Many employers must provide sexual-harassment-prevention training to supervisors and employees and must distribute information about how to report harassment. An employer that lacks a meaningful complaint process, ignores reports, or punishes the person who comes forward may face expanded liability. When a supervisor is the harasser, the employer can be held strictly liable for the supervisor's conduct, which is one reason it is so important to identify who engaged in the behavior and what authority they held.

You also do not have to be the direct target to be protected. Bystander employees who witness harassment and report it, or who refuse to participate in it, are shielded from retaliation under FEHA. Coming forward to support a coworker is itself protected activity.

Remedies

Employees who prove sexual harassment may recover lost wages, emotional distress damages, and in appropriate cases punitive damages, along with attorney fees and costs. Courts can also order an employer to change its policies and take corrective action.

What to Do Next

If you are being harassed, you do not have to navigate it alone, and you should not feel pressured to quit to make it stop. Reporting internally, preserving evidence, and getting early legal advice all strengthen your position. An employee-side attorney can help you understand whether what you are experiencing crosses the legal line and what options you have.

Closing

No one should have to endure harassment to keep a paycheck. If you are facing sexual harassment at work in California, a confidential conversation can help you understand your rights and your next steps. To reach our office, contact us here.

This article is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship.