
How to Report Workplace Sexual Harassment or Assault
A Step-by-Step Guide for California Workers Facing Harassment
Facing Harassment at Work
Experiencing sexual harassment or assault in the workplace can leave you feeling isolated, angry, and unsure of what to do next. In California, strong laws protect you, and there are clear steps you can take to report what happened and protect your rights. Many workers have similar concerns—Will I be believed? Will my job be safe? What are my legal options? Knowing you are not alone is the first step. If you are struggling with related wage issues or retaliation, see how to recognize workplace retaliation.
Understanding Sexual Harassment
Sexual harassment at work includes unwanted sexual advances, comments, jokes, or any behavior that creates a hostile or intimidating environment. Assault goes a step further, involving unwanted physical contact. California law (Fair Employment and Housing Act, or FEHA) covers harassment from supervisors, co-workers, or even clients. If you are unsure if your experience qualifies, our article on your rights in workplace sexual harassment can help clarify terms.
California Laws That Protect You
California leads the nation in workplace protections. Under FEHA and Title VII of the Civil Rights Act, employers must prevent and address sexual harassment. Your employer is required to have a written policy and to conduct prompt, fair investigations. If you report harassment, the law protects you from retaliation. Learn more about legal protections for reporting harassment.
Step 1: Document Everything
Start by writing down what happened as soon as you can. Note dates, times, locations, what was said or done, and anyone who witnessed the behavior. Save any emails, texts, or messages related to the harassment. This documentation can be crucial if you decide to make a claim. If you sustained emotional distress or lost wages, visit common damages in wrongful termination lawsuits to understand potential impacts.
What to record:
- Date and time of each incident
- Names of those involved
- Details of what was said or done
- Any witnesses present
- Copies of related communications
Step 2: Review Your Company’s Policy
Most California employers must give you a written sexual harassment policy. Review it to learn the process for reporting. Policies often outline who to contact—usually a supervisor, HR, or a designated officer. If your company lacks a clear policy or you do not feel safe reporting internally, you still have options. See how to report harassment by a supervisor for special considerations.
Find in your policy:
- Who receives complaints
- How to submit a report
- Confidentiality options
- Steps after a report is made
Step 3: Report Internally (If Safe)
If you feel safe, follow the company process to report the harassment. Put your complaint in writing and keep a copy for your records. If you are not comfortable reporting to your direct supervisor, California law allows you to go to HR or another designated person. For more on reporting in unique situations, read dealing with harassment by customers at work.
Step 4: Go Directly to a Government Agency
If your employer ignores your complaint or you do not feel safe reporting internally, you can file a complaint directly with the California Civil Rights Department (CRD, formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC). You do not have to go through your employer first.
Key facts:
- You have three years to file with CRD in California.
- The process begins with an intake form, then an investigation.
- Both agencies may offer mediation or issue a Right-to-Sue letter.
For more help, see how Attain Law offers free legal help for harassment.
Step 5: Protect Yourself Against Retaliation
It is illegal for an employer to retaliate against you for reporting harassment. Retaliation can include demotion, pay cuts, or wrongful termination. If you suspect retaliation, document those actions and seek legal help. Our guide to retaliation claims and how to prove retaliation in the workplace explain your rights.
Step 6: Seek Medical or Emotional Support
If the harassment or assault affected your health, see a doctor or therapist. Keep records of any medical visits, which may support your legal claim. California law allows compensation for emotional distress in proven cases. Learn about coping with trauma from workplace sexual harassment.
Step 7: Contact an Attorney
A skilled employment attorney can help you understand your rights, strengthen your claim, and represent you in negotiations or court. You do not have to face this process alone. For more about how lawyers help, see can you sue for workplace sexual harassment?.
Reporting to Law Enforcement
If you have experienced assault or criminal conduct, you can also file a police report. This is separate from your workplace claim, and you have the right to seek criminal charges without losing your job protections.
What to do:
- Call local law enforcement or go to a police station.
- Bring your documentation.
- Follow up for a copy of the report.
What Happens After Reporting
After you report, your employer or the agency should conduct an investigation. You may be interviewed and asked for evidence. California law requires a prompt, fair, and thorough process. Employers must take steps to stop the harassment and prevent further harm. For more on what to expect, see how to get help for workplace sexual harassment.
What to Do If Nothing Changes
If your employer does not act, or the harassment continues, you can escalate your claim to CRD or EEOC, or consider legal action. Document every response, or lack thereof, from your employer. Sometimes, connecting with others experiencing harassment (like in a class action) can help strengthen your case.
Special Cases: Supervisors, Customers, and Coworkers
Harassment can come from anyone at work—not just your boss. California law holds employers responsible for supervisor actions and requires action even if a customer or third party harasses you. See dealing with sexual harassment by a coworker and what to do about sexual harassment by a supervisor.
Damages and Remedies
Victims of workplace harassment or assault in California may recover lost pay, emotional distress damages, and sometimes punitive damages if the employer was especially negligent. Remedies can also include reinstatement or policy changes. For more on available damages, visit common damages in wrongful termination lawsuits.
Possible remedies:
- Back pay and benefits
- Emotional distress compensation
- Job reinstatement
- Policy changes by employer
Taking the First Step
Reporting workplace sexual harassment or assault is never easy, but you have strong legal protections and options. Every situation is unique, and you do not have to handle it alone. If you are unsure what to do next, contact us today for a free consultation or call (888) 970-8627. Attain Law is here to listen, guide, and advocate for you.
Frequently Asked Questions about Reporting Workplace Sexual Harassment or Assault
How do I report workplace sexual harassment in California? You may report sexual harassment internally to your employer (HR or supervisor) or directly to the California Civil Rights Department (CRD) or the EEOC. Document your complaint in writing and keep a copy.
What if I do not feel safe reporting to my employer? You are not required to report internally. You may file directly with CRD or EEOC. California law protects you from retaliation for making a complaint.
What is the deadline for filing a harassment complaint in California? You generally have three years from the last incident to file a workplace sexual harassment complaint with the California Civil Rights Department.
Can I be fired for reporting sexual harassment? It is illegal for an employer to retaliate against you for reporting harassment. California law provides remedies if you experience retaliation.
What if the harassment came from a customer or coworker? California law requires employers to prevent and address harassment by anyone in the workplace, including customers and coworkers.
Should I also file a police report for workplace sexual assault? If you have experienced assault or criminal conduct, you may file a police report in addition to your workplace complaint. This does not affect your job rights.
Disclaimer: This is an advertisement. The information provided is for general purposes only and is not legal advice. Consult a qualified attorney for your specific case. Attain Law cannot guarantee outcomes, as results vary by situation.
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