sexual harassment · employment law
Sexual Harassment Lawyer in California
What counts as sexual harassment under California law, your deadlines to file, and how to protect your job and your case.
Mihran M. Ghazaryan··5 min read

No one should have to trade their dignity for a paycheck. If a supervisor, coworker, client, or manager has made your workplace hostile, pressured you sexually, or punished you for saying no, California law gives you real options — and strict deadlines for using them.
What Counts as Sexual Harassment Under California Law
California's Fair Employment and Housing Act (FEHA) prohibits sexual harassment in any workplace with five or more employees — a broader standard than the federal law (Title VII), which only applies to employers with 15 or more. FEHA recognizes two main categories of sexual harassment:
- Quid pro quo harassment — when a job benefit (a raise, a promotion, continued employment) is explicitly or implicitly conditioned on submitting to sexual advances.
- Hostile work environment — unwelcome sexual conduct, comments, jokes, touching, or images that are severe or pervasive enough to alter the conditions of employment and create an abusive atmosphere.
Harassment doesn't have to come from a boss. Coworkers, clients, vendors, and even non-employees can be harassers, and the employer can still be liable if it knew (or should have known) and failed to act. If the conduct is ongoing or affects more than just one bad interaction, it may also amount to a broader hostile work environment claim.
Common Examples We See
Sexual harassment claims cover more ground than people expect. Some of the patterns that come up most often in California workplaces include:
- Repeated unwanted comments about a person's body, appearance, or sex life
- Sexual jokes, texts, emails, or images shared at work
- Unwanted touching, cornering, or physical proximity
- Propositions for dates or sex tied to job security or advancement
- Retaliation — a demotion, schedule cut, or termination — after someone rejects advances or reports misconduct
That last category matters on its own. Retaliating against an employee for reporting harassment or participating in an investigation is illegal under both FEHA and Labor Code section 1102.5, even if the underlying harassment claim is never proven. We've written more about how workplace retaliation claims work in California.
What to Do If You're Being Harassed at Work
- Document everything. Save texts, emails, screenshots, and write down dates, times, witnesses, and what was said as soon as possible after each incident.
- Report it internally, following your employer's policy — usually HR or a designated manager — in writing when possible. This creates a record and can strengthen a later claim.
- Keep copies outside of work systems. Employers can revoke access to email and internal drives the moment someone is terminated.
- Avoid signing anything — a performance improvement plan, a severance offer, an arbitration agreement — without understanding how it affects your rights.
- Talk to an employment attorney early, especially if the harassment continues, escalates, or you experience retaliation after reporting it.
California's Deadlines to File a Claim
This is where many valid claims are lost — not because the harassment wasn't real, but because the clock ran out.
- You generally have three years from the last act of harassment to file a complaint with the California Civil Rights Department (CRD), the state agency that enforces FEHA.
- Once the CRD issues a right-to-sue notice, you typically have one year to file a lawsuit in court.
- If the harassment also violates federal law, a parallel complaint with the EEOC may be available, but federal deadlines are shorter (often 300 days in California) and work differently from the state process.
These deadlines are not flexible for most claims, and missing them can permanently bar an otherwise strong case. If you're unsure where you stand, it's worth confirming your specific timeline with a lawyer rather than assuming you still have time. You can review CRD's complaint process directly at the California Civil Rights Department.
What Compensation May Be Available
Every case is different, and no attorney can promise a specific result, but California law allows harassment victims to pursue several categories of damages, including:
- Lost wages and benefits, including future lost earnings if the harassment forced a resignation or termination
- Emotional distress damages for the psychological toll of the harassment
- Punitive damages in cases involving malice, oppression, or fraud by the employer
- Attorney's fees and costs, which FEHA allows a prevailing employee to recover from the employer
The value of a claim depends heavily on the severity and duration of the conduct, how the employer responded, and the financial impact on the employee — there's no fixed formula, and any lawyer who promises a guaranteed number before reviewing your case should raise a red flag.
Why Employers Are Required to Prevent Harassment
California doesn't just prohibit harassment after the fact — it requires employers with five or more employees to take proactive steps, including distributing a written anti-harassment policy and, for most employers, providing sexual harassment prevention training every two years (two hours for supervisors, one hour for other employees). When an employer skips these obligations and harassment occurs anyway, that failure can become part of the evidence supporting a claim.
Frequently Asked Questions
Do I have to report the harassment to HR before I can sue?
Not always, but reporting internally strengthens your case and may be required in certain circumstances, particularly when arguing the employer failed to take reasonable preventive steps. An attorney can help you evaluate your specific situation before you decide how to proceed.
Can I be fired for reporting sexual harassment?
No. Retaliation for reporting harassment in good faith is illegal under FEHA, even if the harassment claim itself is later disputed. If you're fired, demoted, or otherwise punished after reporting, that retaliation may be its own separate legal claim.
What if the harasser is a client or customer, not an employee?
Employers can still be liable for harassment by non-employees like clients, vendors, or customers if they knew or should have known about the conduct and failed to take reasonable corrective action.
Does it matter if the harassment happened only once?
It can still count. A single incident can support a claim if it's severe enough — for example, unwanted physical contact of a sexual nature — even without a pattern of repeated conduct.
How much does it cost to hire a sexual harassment lawyer in California?
Most employment attorneys, including our firm, handle these cases on a contingency basis, meaning there's no upfront cost and no attorney fee unless we recover compensation for you.
Talk to a California Employment Attorney Today
If you're dealing with sexual harassment at work, you don't have to sort out your legal options alone, and you don't have to wait until things get worse to ask questions. We offer free, no-obligation consultations for employees across California, and employment cases are handled on a contingency-fee basis — no fee unless we win. Contact us to talk through what happened and what your options look like.
This article provides general information about California employment law and is not a substitute for individualized legal advice. Deadlines and outcomes vary based on the specific facts of each case — consult an attorney to evaluate your situation.