Understanding Your Rights in Workplace Sexual Harassment

Facing Harassment at Work

No one should have to endure sexual harassment at work. In California, the law gives you strong protections if you’ve been mistreated, threatened, or made to feel unsafe on the job. Whether you’re dealing with unwanted comments, physical advances, or retaliation for reporting harassment, it’s important to know your rights and the steps you can take.

If you feel unsafe or are unsure about your next move, you’re not alone. Many people facing harassment worry about job security, workplace gossip, or retaliation. California’s laws are designed to shield you and help you seek justice. If you’re experiencing other forms of discrimination at work, such as workplace discrimination, these laws may also apply.

What Is Sexual Harassment?

Sexual harassment is any unwanted sexual behavior or conduct that creates a hostile, intimidating, or offensive work environment. This can include:

• Unwelcome sexual jokes or remarks
• Requests for sexual favors
• Uninvited touching or physical advances
• Sharing or displaying offensive images
• Spreading rumors about your sex life
• Retaliation after you reject advances or report harassment

Both men and women can be victims, and harassers can be supervisors, coworkers, or even customers. If you’re unsure whether your experience counts as harassment, review what qualifies as a hostile work environment.

California’s Sexual Harassment Laws

California has some of the country’s strongest workplace protections. The Fair Employment and Housing Act (FEHA) makes it illegal for employers to harass or allow harassment based on sex, gender, gender identity, gender expression, or sexual orientation. California law covers employers with just one employee for harassment claims, so even small businesses must comply.

Key points about California law:

• Harassment does not need to be motivated by sexual desire.
• A victim does not have to be fired or demoted to have a claim.
• Both same-sex and opposite-sex harassment are covered.
• Harassment by non-employees (such as customers or vendors) is also illegal if the employer knows and fails to act.

For more on how state law works, see types of workplace discrimination and your rights.

Federal Laws That Apply

Title VII of the Civil Rights Act of 1964 is the main federal law against workplace sexual harassment. It applies to employers with 15 or more employees. The U.S. Equal Employment Opportunity Commission (EEOC) enforces these protections on a national level, but California law is often stronger and more specific.

Employer Duties and Responsibilities

California employers must take steps to prevent and quickly address sexual harassment. These duties include:

• Having a written policy against harassment
• Providing training to all employees (including managers)
• Responding promptly to complaints
• Investigating reports fairly and thoroughly
• Protecting employees from retaliation

Employers who ignore complaints or punish employees for speaking up can be held liable under California law. If you are worried about how your employer might respond, see our guide on legal protections against employer retaliation.

Steps to Take If You’re Harassed

If you believe you’re being sexually harassed at work in California, consider the following:

• Speak up if you feel safe to do so. Let the harasser know their behavior is unwelcome.
• Keep detailed notes of incidents, including dates, times, witnesses, and what was said or done.
• Save any relevant emails, texts, or documents.
• Review your company’s sexual harassment policy.
• Report the harassment to your supervisor, human resources, or another manager.
• If your employer does not address your complaint, you may file a claim with the California Civil Rights Department (CRD).

For more on documenting incidents, read how to document discrimination at work.

What If the Harasser Is a Supervisor?

When a supervisor harasses an employee, California law often holds the employer strictly liable. This means the company may be responsible even if they did not know about the harassment. If the harasser is a coworker or third party, the employer is responsible if they knew or should have known and failed to take immediate action.

If your supervisor is the harasser, see what to do about sexual harassment by a supervisor.

What Counts As Retaliation?

It’s illegal for employers to punish you for reporting sexual harassment or participating in an investigation. Retaliation can look like:

• Demotion or firing
• Pay cuts or denied promotions
• Negative performance reviews
• Isolation or exclusion from meetings
• Unwanted schedule changes

If you think you’re being punished for reporting harassment, review how to prove retaliation in the workplace.

How to File a Complaint

You may file a sexual harassment complaint with your employer, the California Civil Rights Department (CRD), or the EEOC. In California, you have three years from the last incident to file a claim with the CRD. The process usually involves:

• Submitting an intake form or complaint online or by mail
• Participating in an investigation or mediation
• Receiving a “right to sue” letter (if you want to file a lawsuit)

To learn more, see steps to file a workplace discrimination claim.

Compensation and Damages

If you prove your case, you may recover:

• Lost wages and benefits
• Emotional distress damages
• Costs for therapy or medical care
• Punitive damages (in severe cases)
• Attorneys’ fees and legal costs

For more about possible recovery, read common damages in wrongful termination lawsuits.

Protections for All Workers

California law protects all employees, including:

• Full-time and part-time workers
• Temporary or contract workers
• Interns and volunteers
• Undocumented workers

No matter your job title or immigration status, you have a right to a safe workplace. For more, read your rights under disability discrimination laws.

What If Harassment Happens Outside Work?

Workplace sexual harassment can happen at work events, offsite meetings, or even through emails and texts outside working hours. California law covers these situations if they are work-related. If you’ve been harassed by a coworker or supervisor outside work, your rights still apply.

Coping with Trauma

Experiencing harassment at work can be traumatic. Many people deal with anxiety, depression, or fear. You may want to seek support from a counselor, therapist, or trusted friend. The law protects your right to take time off to recover if you need it. For tips on support, see coping with trauma from workplace sexual harassment.

Taking Action with Attain Law

If you’re struggling with workplace sexual harassment, you deserve clear answers and strong support. Attain Law’s employment attorneys can explain your rights, help you gather evidence, and guide you through the complaint process. We’re committed to creating safer workplaces across California.

If you’re ready to take action or just need confidential advice, call us at (888) 970-8627 or contact us today for a free consultation. We’re here to support you.

Frequently Asked Questions about Understanding Your Rights in Workplace Sexual Harassment

What behavior counts as sexual harassment in California? Sexual harassment includes unwanted sexual advances, inappropriate comments, requests for sexual favors, or any conduct that creates a hostile or offensive work environment. Both physical and verbal actions may qualify.

How long do I have to file a sexual harassment claim in California? In California, you generally have three years from the last incident of harassment to file a claim with the Civil Rights Department (CRD).

Can I be fired for reporting sexual harassment? No. Retaliation for reporting sexual harassment is illegal in California. If you experience negative job actions after complaining, you may have a separate claim for retaliation.

Does California law protect independent contractors from sexual harassment? Yes. California’s Fair Employment and Housing Act extends sexual harassment protections to employees, independent contractors, interns, and even volunteers.

Is my employer required to train employees about sexual harassment? Yes. California law requires employers with five or more employees to provide sexual harassment prevention training to all employees and supervisors every two years.