What to Do About Sexual Harassment by a Supervisor

Facing Supervisor Harassment

When your supervisor crosses the line at work, it can be deeply distressing and even frightening. In California, the law is on your side. If you believe your supervisor is sexually harassing you, understanding your options is the first step to regaining control. This guide breaks down what you need to know and, most importantly, what you can do to protect yourself.

If you are unsure whether your experience qualifies as harassment, you may find it helpful to review our page on Understanding Your Rights in Workplace Sexual Harassment. You can also learn about other forms of workplace discrimination that might overlap with your situation.

Defining Supervisor Sexual Harassment

Sexual harassment by a supervisor includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature from someone who has authority over you at work. In California, the law recognizes two main types:

• Quid pro quo harassment: Your supervisor offers work benefits in exchange for sexual favors or threatens negative consequences if you refuse.
• Hostile work environment: Your supervisor’s actions create an intimidating, offensive, or abusive workplace.

For more on what qualifies, see Can You Sue for Workplace Sexual Harassment?.

California Laws Protecting Employees

California provides some of the strongest workplace protections in the country. The Fair Employment and Housing Act (FEHA) makes it illegal for any employer, manager, or supervisor to harass employees based on sex. This includes both male and female workers, as well as non-binary and transgender employees. Federal law, such as Title VII of the Civil Rights Act, also prohibits sexual harassment, but California’s FEHA covers smaller employers and offers broader protections.

You can learn more about the differences in coverage on our Workplace Discrimination page.

Supervisor Obligations and Company Duties

Supervisors are required by law to refrain from any harassing conduct. Employers must also take reasonable steps to prevent and correct harassment. If a supervisor harasses you, the company can be held strictly liable, meaning you do not have to prove the company knew about the harassment in order to make a claim.

Supervisors and employers must:

• Provide training on harassment prevention.
• Respond promptly to complaints.
• Offer a safe way to report misconduct.

For more guidance, see How to Report Workplace Sexual Harassment or Assault.

Immediate Steps You Can Take

If your supervisor harasses you, consider these first steps:

• Document everything: Keep records of incidents, including dates, times, locations, and what was said or done.
• Save evidence: Preserve emails, messages, or notes related to the harassment.
• Tell someone you trust: This could be a coworker, friend, or family member.
• Review your company’s policy: Find out how your employer wants you to report harassment.

You can see more detailed tips in How to Get Help for Workplace Sexual Harassment.

How to Report the Harassment

Reporting your supervisor can feel risky, but California law protects you from retaliation. Here’s what you can do:

• File a complaint with HR: Use your company’s reporting system, if possible.
• Contact the California Civil Rights Department (CRD): You have at least three years to file a complaint.
• Consult an attorney: Legal guidance ensures your rights are protected.

Read more about Legal Protections Against Retaliation for Reporting Harassment.

What Happens After You Report

Once you report harassment, your employer must investigate. California law requires companies to:

• Respond quickly to complaints.
• Keep the process as confidential as possible.
• Take corrective action if harassment is confirmed.

The investigation should not result in negative consequences for you. If you experience retaliation, additional legal protections apply.

Compensation and Remedies

If you experience sexual harassment by a supervisor, you may be eligible for:

• Lost wages or benefits.
• Emotional distress damages.
• Reinstatement to your job (if wrongfully terminated).
• Changes in workplace policy.

Learn more about Common Damages in Wrongful Termination Lawsuits, as some damages overlap.

Protecting Yourself While at Work

While the process is ongoing, protect yourself by:

• Avoiding one-on-one situations with the supervisor, if possible.
• Notifying trusted coworkers or managers.
• Continuing to document all interactions.

If you are placed on leave, ask for clarification in writing and keep copies of all correspondence.

Seeking Outside Help

If your employer fails to act or the harassment continues, you have options:

• File a complaint with the California Civil Rights Department (CRD).
• Seek support from local advocacy organizations.
• Contact an employment attorney for advice.

See How Attain Law Offers Free Legal Help for Harassment.

Addressing Retaliation

Retaliation is illegal in California. If you are demoted, fired, or otherwise punished for reporting harassment, you can file a separate claim.

See our resources on What Actions Qualify as Workplace Retaliation? and Legal Protections Against Employer Retaliation.

When to Consult an Attorney

If your supervisor’s harassment is severe, ongoing, or your employer does not take action, consulting a lawyer can help protect your rights. An attorney can:

• Advise you on deadlines and procedures.
• Help gather evidence.
• Represent you in negotiations or legal action.

For more steps, review How to Prove Wrongful Termination in Court.

California’s Deadlines for Claims

California generally gives workers three years to file a complaint about workplace sexual harassment with the Civil Rights Department. Acting promptly helps preserve your rights and evidence.

Understand more about Steps to File a Workplace Discrimination Claim.

Supporting Your Well-Being

Experiencing harassment can take a toll on your mental health. Consider:

• Speaking with a counselor or therapist.
• Reaching out to employee assistance programs.
• Building a support network of friends and family.

For advice on coping, see Coping with Trauma from Workplace Sexual Harassment.

Final Steps and Moving Forward

Standing up to workplace sexual harassment by a supervisor is not easy, but you do not have to face it alone. California law provides strong protections, and there are many supportive resources available to you. Attain Law is ready to guide you through each step, so you can focus on your well-being and future.

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

Frequently Asked Questions about Sexual Harassment by a Supervisor

What is considered sexual harassment by a supervisor in California? Sexual harassment by a supervisor includes unwanted sexual advances, requests for favors, or any conduct of a sexual nature that affects your employment or creates a hostile work environment. California law covers both quid pro quo and hostile environment harassment.

Can I be fired for reporting my supervisor’s harassment? No. California law prohibits retaliation for reporting sexual harassment, including termination, demotion, or other negative actions. If retaliation occurs, you may have an additional legal claim.

How long do I have to file a complaint about supervisor harassment? You generally have three years to file a complaint with the California Civil Rights Department. Acting sooner can help protect your rights and preserve evidence.

What should I do first if my supervisor harasses me? Start by documenting the harassment, saving any communications, and reviewing your employer’s reporting policy. Consider filing a complaint with HR or the California Civil Rights Department.

Is my employer always responsible for supervisor harassment? Yes. Under California law, employers are strictly liable for harassment by supervisors, even if they were unaware of the misconduct.

Should I get a lawyer for supervisor sexual harassment? Consulting an attorney is a good idea if the harassment is severe, ongoing, or if your employer fails to address your complaint. A lawyer can help protect your legal rights and guide you through the process.