Sexual Harassment at Work in California: Your Rights and Options

What Qualifies as Sexual Harassment Under California Law

Under FEHA, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that affects a person’s employment. The conduct does not need to be motivated by sexual desire. Harassment based on sex, gender, gender identity, gender expression, or sexual orientation all fall within the definition.

California law recognizes two distinct categories of sexual harassment: quid pro quo and hostile work environment. A single situation can involve elements of both.

Quid Pro Quo Harassment

Quid pro quo is Latin for “this for that.” This type of harassment occurs when someone in a position of authority conditions a job benefit or threatens a job consequence on the employee’s response to sexual conduct. The harasser must have the power to follow through on the promise or threat, which means quid pro quo claims typically involve supervisors, managers, or other individuals with authority over employment decisions.

Examples of quid pro quo harassment include a supervisor implying that a promotion depends on the employee agreeing to a date, a manager threatening to cut an employee’s hours if they reject sexual advances, a hiring manager suggesting that a candidate’s willingness to be “flexible” will influence their hiring decision, and a supervisor giving favorable assignments or performance reviews to an employee who complies with unwanted sexual attention.

A single incident of quid pro quo harassment can be sufficient to establish a legal claim. Unlike hostile work environment claims, there is no requirement to show a pattern of behavior.

Hostile Work Environment Harassment

A hostile work environment exists when unwelcome conduct of a sexual nature is severe or pervasive enough to interfere with an employee’s ability to do their job or creates an intimidating, offensive, or abusive atmosphere. This type of harassment can come from anyone in the workplace, including supervisors, coworkers, clients, vendors, or other third parties.

Examples of hostile work environment harassment include repeated sexual jokes, comments, or innuendos directed at or around the employee, unwanted physical contact such as touching, hugging, or brushing against someone, displaying sexually explicit images, calendars, or materials in the workplace, persistent comments about an employee’s body or appearance, spreading sexual rumors about a coworker, and sending sexually explicit messages or emails.

The harassment does not need to be directed at you specifically. If the conduct in your workplace creates a hostile environment that affects your ability to work, you may have a claim even if someone else was the primary target. California courts also recognize that a single incident can constitute a hostile work environment if it is sufficiently severe.

Who Can Be Held Liable

California law holds employers strictly liable for sexual harassment committed by supervisors. This means the employer is responsible regardless of whether it knew about the harassment or took steps to prevent it. If a supervisor harasses a subordinate, the company is on the hook for damages.

For harassment by coworkers, clients, or third parties, the employer is liable if it knew or should have known about the harassment and failed to take prompt and appropriate corrective action. This is why it matters whether you reported the harassment and how the employer responded.

Importantly, California law also allows individual harassers to be held personally liable for their conduct. Unlike many other legal claims, a sexual harassment lawsuit can name both the employer and the individual harasser as defendants.

Steps to Take If You Are Being Sexually Harassed

Document everything. Keep a detailed record of every incident, including dates, times, locations, what was said or done, who was present, and how it affected you. Save any written evidence such as emails, text messages, voicemails, or photos.

Report the harassment internally. If you feel safe doing so, report the conduct to your supervisor, HR department, or through your employer’s designated complaint process. Put your complaint in writing so there is a record. Internal reporting gives your employer an opportunity to address the problem and strengthens your legal position if they fail to act.

File a complaint with the CRD. You have three years from the date of the last incident to file a complaint with the California Civil Rights Department which can be done online. You can either allow the CRD to investigate or request an immediate right-to-sue notice to file a lawsuit in civil court. Filing with the CRD is a mandatory step before you can sue under FEHA.

Consult an employment attorney. Sexual harassment cases involve complex legal standards, and early legal guidance can help you preserve evidence, navigate the reporting process, and evaluate the strength of your claim. Most California sexual harassment attorneys offer free consultations and work on a contingency basis.

Mandatory Training Requirements for Employers

California law (SB 1343) requires all employers with five or more employees to provide sexual harassment prevention training. Supervisory employees must receive at least two hours of training, and non-supervisory employees must receive at least one hour, within six months of hire and every two years thereafter. The training must cover the definition of sexual harassment, examples of conduct that constitutes harassment, remedies available to victims, the complaint process, and practical strategies for preventing harassment.

Employers who fail to provide this training may face enforcement action by the CRD and may have a harder time defending against harassment claims, since the lack of training can be used as evidence that the employer did not take its prevention obligations seriously.

What Damages Are Available

If you prevail in a sexual harassment claim under FEHA, available damages include back pay for lost wages and benefits, front pay for future lost earnings, compensation for emotional distress including anxiety, depression, humiliation, and loss of enjoyment of life, punitive damages if the employer’s conduct involved malice, oppression, or fraud, and attorney’s fees and litigation costs. FEHA does not cap compensatory or punitive damages, meaning awards in serious cases can be significant.

Frequently Asked Questions

Can men be sexually harassed under California law?

Yes. California’s sexual harassment protections apply to everyone regardless of gender. Men can be harassed by women, by other men, or by anyone in the workplace. The law provides equal protection to all employees.

Does sexual harassment have to involve physical contact?

No. Verbal conduct such as sexual comments, jokes, or propositions, and visual conduct such as displaying sexually explicit images, can constitute harassment if sufficiently severe or pervasive. Physical contact is not required.

Do I have to report to HR before filing a legal claim?

No. You can file a complaint directly with the CRD without first reporting to your employer. However, internal reporting can strengthen your claim by demonstrating that the employer was aware of the problem and failed to act. It also triggers the employer’s legal obligation to investigate and take corrective action.

Can I be fired for reporting sexual harassment?

No. Firing or otherwise retaliating against an employee for reporting sexual harassment is illegal under both FEHA and federal law. If you are terminated, demoted, or subjected to adverse treatment after making a complaint, you may have a separate retaliation claim in addition to the harassment claim.

What is the deadline to file a sexual harassment claim?

You have three years from the date of the last incident of harassment to file a complaint with the California Civil Rights Department. Once you receive a right-to-sue notice, you have one year to file a lawsuit in civil court.

You Do Not Have to Tolerate Harassment

Sexual harassment at work is never acceptable, and California law provides strong protections for employees who speak up. If you are experiencing unwelcome sexual conduct in your workplace, documenting the behavior, reporting it through available channels, and consulting with an attorney are the most effective steps you can take to protect your rights and hold the responsible parties accountable.