Can You Sue for Workplace Sexual Harassment?

Facing Harassment at Work

Experiencing sexual harassment in the workplace can leave you feeling isolated, anxious, and unsure about your future. Many Californians wonder if they have the right to sue after facing sexual harassment on the job. The good news is that the law provides strong protections for workers. If you are struggling with unwanted advances, inappropriate comments, or a hostile work environment, you have legal options. California’s employment laws are some of the most robust in the country, offering employees avenues to seek justice and hold employers accountable. If you are considering action, you are not alone. Many others in California have faced similar challenges and have found relief through the legal system.

What Counts as Sexual Harassment?

Sexual harassment in the workplace is any unwanted or unwelcome sexual behavior that creates a hostile, intimidating, or offensive environment. This can include:

• Unwanted touching or physical contact
• Requests for sexual favors
• Sexual jokes, comments, or gestures
• Sharing explicit images or messages
• Repeatedly asking for dates after being turned down
• Spreading rumors about an employee’s sex life

Harassment can come from supervisors, coworkers, customers, or even vendors. Both men and women can be victims, and the harasser does not have to be of the opposite sex.

California's Legal Protections

California law is clear: sexual harassment is illegal in any workplace, no matter the size of the company. The Fair Employment and Housing Act (FEHA) protects employees, interns, volunteers, and even job applicants from harassment based on sex, gender, or sexual orientation. FEHA goes beyond federal law, covering smaller employers and providing broader definitions of harassment.

For more on your rights under FEHA, visit Understanding Your Rights in Workplace Sexual Harassment.

When Can You Sue?

You may have grounds to sue if:

• You reported harassment and your employer failed to take action.
• The harassment was severe or pervasive, affecting your ability to work.
• You faced retaliation (like being fired or demoted) after reporting harassment.

Before filing a lawsuit, California usually requires that you file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). Once you receive a “right-to-sue” notice, you can take your claim to court.

You can learn more about the reporting process in How to Report Workplace Sexual Harassment or Assault.

Steps to Take Immediately

If you are experiencing sexual harassment at work, here’s what you can do:

• Write down what happened, including dates, times, and witnesses.
• Save any emails, texts, or messages related to the harassment.
• Report the harassment to your supervisor or human resources, following your company’s procedures.
• If you are retaliated against, document those actions as well.
• Reach out to an attorney familiar with California’s employment law.

Employer Duties Under California Law

Employers in California must provide a workplace free from harassment. They are required to:

• Have a written anti-harassment policy
• Train supervisors and employees on preventing harassment
• Investigate complaints promptly and thoroughly
• Take action to stop and prevent further harassment

If an employer fails in these responsibilities, they can be held legally responsible for harm suffered by employees.

Types of Lawsuits and Remedies

When you sue for workplace sexual harassment in California, you might be able to claim:

• Back pay and lost benefits if you lost your job or missed a promotion
• Emotional distress damages for pain and suffering
• Punitive damages if the employer’s conduct was especially egregious
• Attorney’s fees and costs

Every situation is unique, and damages depend on the facts of your case. For detailed information on possible outcomes, see Common Damages in Wrongful Termination Lawsuits.

How the Legal Process Works

Here’s an outline of the typical legal process:

• File a complaint with the CRD or EEOC
• Obtain a “right-to-sue” letter
• File a lawsuit in state or federal court
• Go through “discovery” (gathering of evidence)
• Attempt settlement or proceed to trial

California law generally gives you three years from the date of the alleged harassment to file a complaint with the CRD. However, time limits can vary depending on your circumstances, so act quickly to protect your rights.

Why Legal Representation Matters

Sexual harassment lawsuits can be emotionally and legally complex. A skilled attorney understands the nuances of California law and can:

• Help you gather and preserve evidence
• Advise you on the best way to proceed
• Negotiate with your employer or their attorneys
• Represent you in mediation, settlement talks, or at trial

You can read more about how lawyers help in How Attain Law Offers Free Legal Help for Harassment.

The Role of Retaliation

Retaliation is illegal in California. If your employer fires, demotes, or punishes you for reporting harassment, you may have an additional claim. Retaliation claims can be just as serious as the original harassment claim, and sometimes result in greater damages.

For further reading, see Legal Protections Against Retaliation for Reporting Harassment.

Workplace Training and Prevention

California employers must provide sexual harassment prevention training to supervisors every two years and to all employees. This training should cover:

• Recognizing sexual harassment
• How to report it
• Steps to take if you witness harassment

Employers who ignore these rules put themselves at risk for lawsuits and penalties.

Resources for Victims

If you feel unsafe at work, you are not alone. You may also want to reach out to:

• The California Civil Rights Department (CRD)
• The Equal Employment Opportunity Commission (EEOC)
• Employee assistance programs or counseling services

You may also want to read Coping with Trauma from Workplace Sexual Harassment for emotional support resources.

Next Steps: Protecting Yourself

If you believe you have a case, act quickly. Each day you wait could make it harder to gather evidence or meet important deadlines. Early action protects your rights and helps build a stronger case.

For a list of key steps, see How to Get Help for Workplace Sexual Harassment.

Frequently Asked Questions about Suing for Sexual Harassment in California

Can I sue my employer for sexual harassment in California? Yes, if you have experienced sexual harassment at work and your employer failed to take prompt action after you reported it, you may be able to file a lawsuit under California law.

What steps should I take before suing for workplace harassment? Document the harassment, report it to your employer, and file a complaint with the California Civil Rights Department (CRD) before pursuing a lawsuit.

How long do I have to file a sexual harassment claim in California? You generally have three years from the date of the last harassment incident to file a complaint with the CRD.

What damages can I recover in a sexual harassment lawsuit? You may be eligible for lost wages, emotional distress damages, punitive damages, and attorney’s fees, depending on the facts of your case.

Is retaliation for reporting harassment illegal in California? Yes, California law prohibits employers from retaliating against workers who report sexual harassment or participate in investigations.

Reach Out Today

If you are struggling with workplace sexual harassment, you do not have to face it alone. The attorneys at Attain Law understand the challenges you are facing and are ready to stand by your side. Call (888) 970-8627 or contact us today for a free consultation. We are here to support you every step of the way.