Sexual Harassment at Work in California: Know Your Rights

If you are being sexually harassed at work in California, the law is on your side, and it protects you more than federal law does. Sexual harassment is unlawful under California's Fair Employment and Housing Act, whether it takes the form of unwanted advances tied to your job or a hostile work environment. You do not have to quit, and you do not have to have been touched, to have a claim.

If you are reading this, something is happening at work that you should not have to put up with. Below, we explain what counts as sexual harassment in California, who can be held responsible, why state law reaches further than federal law, the deadline to act, and what you can do next.

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

What counts as sexual harassment in California?

Sexual harassment in California is unwelcome conduct based on sex that either ties a job benefit to sexual demands or creates a hostile work environment. It covers verbal, visual, and physical conduct, and it does not have to be motivated by sexual desire. Gender-based hostility and degrading treatment because of sex can qualify on their own.

The law recognizes two main types. The first is quid pro quo harassment, where a supervisor conditions a raise, a promotion, continued employment, or another job benefit on submitting to sexual conduct. The second is a hostile work environment, where the conduct is severe or pervasive enough to alter the conditions of your job. California's harassment statute, Government Code section 12940 (opens in a new tab), makes both unlawful, and it protects employees, applicants, interns, volunteers, and independent contractors alike. The conduct can be words, images, or physical acts. It can also come from a supervisor, a co-worker, or even a customer or vendor.

What is a hostile work environment?

A hostile work environment exists when sexual or gender-based conduct is severe or pervasive enough that a reasonable person would find the workplace intimidating, hostile, or abusive. The test looks at the total picture, including how often the conduct happened, how serious it was, whether it was threatening or humiliating, and whether it interfered with your ability to do your job.

You do not have to prove that your productivity dropped or that you suffered a breakdown. The standard is both objective and subjective, meaning a reasonable person in your position would find the environment hostile and you actually experienced it that way. One important point sets California apart. Under Government Code section 12923 (opens in a new tab), a single incident can be enough to reach a jury if it was serious enough to alter your working conditions. Courts have also recognized that ambient conduct counts. In one recent case, sexually graphic music played throughout a workplace was found capable of creating a hostile environment. Harassment does not have to be aimed only at you to poison the workplace around you.

Is my employer legally responsible for the harassment?

Often, yes, and in California the answer depends on who did the harassing. When a supervisor harasses you, your employer is strictly liable, meaning it is on the hook regardless of whether it knew. When a co-worker or a nonemployee harasses you, the employer is liable if it knew or should have known and failed to take immediate and appropriate corrective action.

This supervisor rule is one of the most important differences between California and federal law. Under Title VII, an employer that took reasonable preventive steps can sometimes escape liability entirely for supervisor harassment. California rejects that complete defense. In State Department of Health Services v. Superior Court, the California Supreme Court held that an employer is strictly liable for a supervisor's harassment. An employer can reduce the damages it owes by showing you unreasonably failed to use a real complaint process, but it cannot wipe out the claim. California law also imposes a separate duty on employers to take all reasonable steps to prevent harassment, so a company that ignored the problem can face its own claim for that failure.

Does California law protect me more than federal law?

Yes, in several concrete ways. California's FEHA covers far more employers, holds harassers personally liable, gives you longer to file, and does not cap your damages. If you are weighing a state claim against a federal one, the state claim is usually the stronger tool for a California worker.

Here is how the two compare on the points that matter most.

None of this means a case is easy or automatic. It means the door is open wider in California than most people expect. Whether your specific situation clears the bar still depends on the facts.

How long do I have to file a sexual harassment claim in California?

Generally, you have three years to file a complaint with the California Civil Rights Department, and then one year from the date of your right-to-sue notice to file a lawsuit. Those are the outer limits, and the clock is often already running, so it is worth confirming your deadline early rather than assuming you have time.

Before you can sue for harassment under FEHA, you have to take one administrative step. You file a complaint with the California Civil Rights Department (opens in a new tab) and obtain a right-to-sue notice. Many people request that notice right away so they can move directly to court. If you have also filed with the federal EEOC, a worksharing agreement generally lets a single filing count for both. This is procedural, and it is the kind of thing a lawyer handles so a deadline does not quietly pass while you are deciding what to do.

What can I recover in a sexual harassment case?

If you prevail, California law allows recovery of lost pay and benefits, compensation for emotional distress, and, in the right circumstances, punitive damages, plus attorney's fees. Unlike federal law, FEHA places no statutory cap on compensatory or punitive damages. What any individual case is worth depends heavily on its facts.

A few honest caveats belong here. Damages vary widely and no lawyer can promise a number. Punitive damages against a company require clear and convincing proof that an officer, director, or managing agent committed, authorized, or ratified the conduct, so they are not available in every case. And if the harasser was a supervisor, an employer may still argue the avoidable consequences doctrine to reduce what it owes, though not to escape liability. The point of a consultation is to look at your specific facts and give you a straight answer about what you are dealing with.

What to do if you are being sexually harassed at work

Start by writing down what happened while it is fresh, save anything that documents it, and report the conduct through your employer's process if you can safely do so. A clear record of dates, witnesses, and specific incidents is often where a strong case begins. Then get the facts in front of a lawyer before a deadline passes.

• Keep your own copies of harassing texts, emails, images, and any written complaints or responses, because access can disappear once you leave.
• Report the conduct in writing where a policy exists, since prompt reporting protects your rights even though its absence is not a bar to your claim.
• Note the dates and the names of anyone who saw or heard what happened.

If you were fired or pushed out after complaining, that can be a separate claim, and our post on wrongful termination in California explains how retaliation works.

If any of this sounds like your situation, the useful next step is to have someone look at the specifics. Justin Silverman represents workers across Los Angeles, and a consultation with our office is free. You can reach us at 818-585-1267 or through the contact form on our site. The firm has recovered over $12 million for clients in labor, employment, and injury matters. Past results do not guarantee a similar outcome, and every case depends on its own facts. You can also read more about how we help employees on our practice areas.

This article is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, talk to a lawyer.