California Sexual Harassment Guide
Did someone at work cross the line? Learn what legally qualifies as sexual harassment in California, how to report it, what your employer is required to do, and how to hold wrongdoers accountable — in plain language from California employment lawyers.
What Is Sexual Harassment in California?
Under California's Fair Employment and Housing Act (FEHA), sexual harassment is unwelcome conduct of a sexual nature that either: (1) creates a hostile, offensive, or intimidating work environment, or (2) results in an employment decision being conditioned on submission to sexual conduct.
California's standard is broader than federal law in several key ways:
- Covers all employers regardless of size — even employers with just 1 employee
- A single severe incident can constitute harassment (no need for a pattern)
- Harassers can be held personally liable — not just the employer
- Covers non-employees too (clients, vendors, contractors)
- No damages cap — you can recover full emotional distress and punitive damages
⚖️ Key Point: "Unwelcome" is the central concept. Conduct is unwelcome if you did not invite it and regarded it as offensive or undesirable. You do not need to say "stop" out loud — freezing up, looking uncomfortable, or avoiding the person can all show the conduct was unwelcome.
Types of Sexual Harassment
California law recognizes two distinct types of sexual harassment, each with different legal standards:
🚫 Quid Pro Quo Harassment
- Latin for "this for that"
- A supervisor demands sexual favors in exchange for a job benefit (promotion, raise, continued employment)
- Or threatens negative consequences for refusing
- Even one incident is enough to constitute quid pro quo
- Employer is strictly liable — no excuse if it happened
🌡️ Hostile Work Environment
- Unwelcome sexual conduct that is severe OR pervasive
- Creates an intimidating, hostile, or offensive work environment
- Can come from supervisors, coworkers, or even customers
- Does not require economic harm or touching
- Evaluated from the perspective of a reasonable person
Examples of Sexual Harassment
Verbal
Sexual comments, jokes, innuendo, requests for sexual favors, or explicit language
Digital
Sending explicit texts, emails, images, or messages via any platform
Visual
Displaying sexual images, posters, or objects in the workplace
Physical
Unwanted touching, grabbing, kissing, or blocking movement
Non-Verbal
Leering, staring, obscene gestures, or following someone
Quid Pro Quo
Conditioning job benefits or threats on sexual compliance
Who Can Be a Harasser — and Who Can Be Harassed
Sexual harassment under FEHA covers a wide range of workplace relationships. The harasser does not have to be your direct supervisor, and the victim does not have to be a woman.
| Who Can Be the Harasser | Who Can Be the Victim |
|---|---|
| Supervisor or manager | Any employee, regardless of gender |
| Coworker (same level) | Job applicants |
| Subordinate employee | Interns and volunteers |
| Client or customer | Independent contractors |
| Vendor or contractor | Third parties on the worksite |
💡 Key Point: California law protects against same-sex harassment and harassment based on gender identity or expression. The harasser and victim can be of the same gender, and the harasser does not need to be motivated by sexual desire.
Employer Liability for Sexual Harassment
Under FEHA, employers can be held liable for sexual harassment in different ways depending on who did the harassing:
Supervisor Harassment — Strict Liability
If a supervisor harasses an employee, the employer is strictly liable. This means the employer cannot escape liability by claiming it didn't know about the harassment or had a good anti-harassment policy. The employer is automatically responsible.
Coworker or Third-Party Harassment — Negligence Standard
If a coworker, client, or vendor harasses an employee, the employer is liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action.
Employer Duties Under FEHA
- Maintain a written anti-harassment policy and distribute it to all employees
- Provide sexual harassment prevention training — 2 hours for supervisors, 1 hour for all employees, every 2 years (SB 1343)
- Conduct a prompt, thorough, and impartial investigation of all complaints
- Take immediate corrective action to stop the harassment
- Protect the complainant from retaliation
⚠️ Important: An employer cannot avoid liability simply by saying "we have a policy." If the employer failed to enforce its policy, ignored complaints, or retaliated against the victim, it remains fully liable.
How to Report Sexual Harassment
You have the right to report sexual harassment through internal channels, external agencies, or both. Here are the steps most employment attorneys recommend:
Document Everything
Keep a detailed written log of every incident — date, time, location, what was said or done, witnesses present. Save any texts, emails, voicemails, or screenshots. Store copies outside of work systems.
Report Internally (HR or Supervisor)
Report the harassment to HR or a supervisor above the harasser in writing (email creates a paper trail). This also triggers the employer's legal duty to investigate and act.
File with the California CRD
File a complaint with the California Civil Rights Department (formerly DFEH). You must do this before filing a civil lawsuit. The CRD will issue a right-to-sue notice.
Consult an Employment Attorney
Before or after internal reporting, speaking with an attorney protects your rights. An attorney can advise you on preserving evidence, avoiding retaliation, and maximizing your recovery.
File a Civil Lawsuit (if needed)
After receiving your right-to-sue notice, you have 1 year to file a lawsuit in Superior Court seeking all available damages.
🛡️ Anti-Retaliation Protection: It is illegal for your employer to fire, demote, reduce your pay, or take any adverse action against you for reporting sexual harassment. If your employer retaliates, that is a separate legal violation — and you may have additional claims.
Filing a Sexual Harassment Claim in California
Deadlines
| Step | Deadline | Notes |
|---|---|---|
| File complaint with CRD (formerly DFEH) | 3 years from last harassing act | Required before filing lawsuit |
| File civil lawsuit after right-to-sue notice | 1 year from CRD notice | File in Superior Court |
| File with EEOC (federal) | 300 days from last act | For federal Title VII claims |
What to Expect
After you file a CRD complaint, the agency may: (1) investigate and attempt to mediate a resolution, (2) issue an immediate right-to-sue notice so you can proceed to court, or (3) close the case if it lacks jurisdiction. Most harassment cases resolve through negotiated settlement before trial.
Damages & Remedies
California has no cap on damages in sexual harassment cases. Depending on the severity of the harassment and the employer's conduct, you may recover:
Lost Wages
Back pay for wages lost due to demotion, termination, or forced resignation caused by harassment
Emotional Distress
Compensation for anxiety, depression, PTSD, and other psychological harm — often the largest component
Medical Expenses
Therapy, counseling, and other treatment costs related to the harassment
Punitive Damages
Additional damages to punish employers who acted with malice, oppression, or fraud — can be substantial
Attorney's Fees
Employer must pay your legal fees if you win — no out-of-pocket cost for the victim
Reinstatement
Court can order your employer to reinstate you to your position with full seniority
Frequently Asked Questions
Under FEHA, sexual harassment is unwelcome conduct of a sexual nature that creates a hostile work environment or where submission is made a condition of employment (quid pro quo). California covers all employers regardless of size, and even a single severe incident can qualify.
No. Under FEHA, all employers — regardless of size, even those with just 1 employee — are covered for sexual harassment claims. This is broader than federal Title VII, which requires at least 15 employees.
You have 3 years from the last harassing act to file a complaint with the California Civil Rights Department (CRD). After receiving a right-to-sue notice, you have 1 year to file a civil lawsuit.
Yes. Unlike federal law, California's FEHA allows you to sue individual harassers personally — not just the employer. A coworker, supervisor, or even a client who harasses you can be held personally liable for damages.
California places no cap on damages. You may recover lost wages, emotional distress damages, medical expenses, punitive damages (for malicious conduct), and attorney's fees. Recent California verdicts have reached tens of millions of dollars.
Were You Harassed at Work?
Do not wait. Deadlines are strict and evidence disappears quickly. The Eghbali Law Firm offers free, confidential consultations for California employees. There is no fee unless you win.