Dealing with Sexual Harassment by a Coworker

Understanding Coworker Harassment

Sexual harassment in the workplace isn’t always obvious. If a coworker’s actions make you feel uncomfortable, threatened, or targeted, you’re not alone. In California, laws protect you from this behavior and give you a clear path to justice. Whether you work in a small business in Los Angeles or a large company in San Francisco, you have rights. If you’re not sure what qualifies as harassment, read about the legal definition of workplace sexual harassment or explore other employment law protections.

What Counts as Harassment

Sexual harassment by a coworker covers a wide range of conduct:

• Unwanted touching or physical advances
• Inappropriate jokes, comments, or gestures
• Repeatedly asking for dates after you’ve said no
• Sharing sexual images, texts, or emails
• Spreading rumors about your private life

California law applies even if the harassment does not involve a supervisor. Both men and women can be victims, and the harasser can be of any gender.

California’s Legal Protections

The California Fair Employment and Housing Act (FEHA) sets strict standards for workplace behavior. Under FEHA, sexual harassment by a coworker is illegal if it creates a hostile or intimidating environment. Even a single incident, if severe, can qualify. The law covers all workplaces with five or more employees, and sometimes even smaller ones.

FEHA also works alongside federal law, such as Title VII of the Civil Rights Act. These laws protect you from retaliation if you report harassment. Learn more about retaliation protections.

How Employers Must Respond

Your employer is required to take all complaints seriously. California law demands that every workplace have a clear process for reporting harassment, including incidents involving coworkers. Employers must:

• Investigate complaints quickly and thoroughly
• Take steps to stop harassment and prevent it from happening again
• Protect you from retaliation for coming forward

If your company fails to act, it can be held responsible. See how to report sexual harassment or assault.

Steps to Take Right Away

If you’re experiencing harassment by a coworker, you can take these actions:

• Write down what happened, including dates, times, and witnesses
• Save emails, texts, or other evidence
• Tell the coworker, if you feel safe, that the behavior is unwelcome
• Report the issue to your supervisor or human resources in writing
• Follow your company’s complaint process

Sometimes, harassment by a coworker can escalate into other employment violations. Understand other forms of workplace discrimination.

Building Your Case

Documenting every incident is essential. Keep a journal or secure digital record, and note anyone who may have witnessed the behavior. Evidence might include:

• Direct messages, emails, or texts
• Photos or screenshots of inappropriate content
• Notes from conversations with supervisors or HR

A strong paper trail helps if you later need to file a complaint with your employer or a government agency.

Reporting Outside the Company

If your employer ignores or mishandles your complaint, you have options. In California, you can file a claim with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). These agencies will review your case and may investigate further.

Explore the steps to file a workplace sexual harassment claim.

What Happens After You Report

Once you report harassment, your employer must:

• Investigate your complaint confidentially
• Take steps to stop the harassment
• Prevent retaliation

You may see changes in your work environment, reassignment of the coworker, or disciplinary action. If the company does not respond, you may have grounds for legal action.

Legal Remedies Available

Victims of sexual harassment by a coworker in California may be eligible for:

• Compensation for lost wages or benefits
• Payment for emotional distress
• Policy changes in your workplace
• Reinstatement if you were wrongfully fired

Every case is unique. Learn about the types of damages available in workplace harassment cases.

Protecting Yourself from Retaliation

California law protects you if you report harassment, participate in an investigation, or support another coworker’s complaint. Retaliation can include:

• Demotion or firing
• Reduced hours or pay
• Hostile treatment by management or coworkers

If you face retaliation, document what happens and speak with an attorney. For more details, read about legal protections against retaliation for reporting harassment.

When to Seek Legal Help

You don’t have to face harassment alone. An employment lawyer can:

• Review your evidence and workplace policies
• Guide you through the complaint process
• File claims with DFEH or EEOC on your behalf
• Represent you in negotiations or court

If you have questions, see how Attain Law offers free legal help for harassment.

How Attain Law Can Support You

Attain Law is dedicated to protecting California workers from sexual harassment and workplace abuse. Our attorneys know state and federal law, and we are committed to compassionate, confidential support. We handle claims involving coworkers, supervisors, and even customers. For more on sexual harassment by non-employees, see our article on handling harassment by customers at work.

Frequently Asked Questions about Coworker Sexual Harassment in California

What should I do if a coworker harasses me in California? Document every incident, save any evidence, and report the behavior to your employer or human resources in writing. If your employer does not act, you can file a complaint with California’s Department of Fair Employment and Housing or the EEOC.

Does California law protect me from coworker harassment? Yes. The California Fair Employment and Housing Act (FEHA) makes it illegal for any coworker to harass you based on sex or gender. Employers must investigate complaints and stop the behavior.

Can I be fired for reporting sexual harassment by a coworker? No. California law prohibits retaliation against employees who report harassment or assist in an investigation. If you face punishment for reporting, you may have a separate claim.

What evidence should I keep if I plan to report harassment? Keep a detailed record of incidents, save texts, emails, or photos, and note any witnesses. This information will help support your claim if you report to your employer or a government agency.

What if my employer ignores my complaint? If your employer fails to act, you can file a complaint with California’s Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. An employment lawyer can guide you through this process.

Contact Attain Law for Help

If you’re facing sexual harassment by a coworker in California, you have rights and options. Attain Law offers confidential, compassionate support to help you take the next step. Call us at (888) 970-8627 or contact us today for a free consultation. We’re here to support you.