Understand Your Rights. Solve Your Legal Problems
Sexual harassment in the workplace is not only harmful—it’s illegal. In California, employees are protected under both federal law (Title VII of the Civil Rights Act of 1964) and state law (California Fair Employment and Housing Act, FEHA, Gov. Code §12940).
These laws make it clear: every worker has the right to a safe, respectful workplace free from intimidation, unwanted advances, and hostile behavior.
Under California’s FEHA, sexual harassment includes:
Unwelcome sexual advances or requests for sexual favors.
Verbal, visual, or physical conduct of a sexual nature.
Hostile work environment behavior based on sex, gender identity, sexual orientation, or pregnancy.
👉 The conduct does not need to be motivated by sexual attraction. Gender-based hostility, offensive jokes, or harassment based on perceived gender or orientation may qualify.
📌 Case Example: In Miller v. Department of Corrections (2005), the California Supreme Court held that harassment becomes unlawful when it is so severe or pervasive that it alters the conditions of employment and creates a hostile work environment.
When job benefits are conditioned on accepting sexual advances. Examples:
A manager offering a raise in exchange for sexual favors.
Threatening termination or poor performance reviews for refusing advances.
When conduct is severe or pervasive enough to interfere with an employee’s ability to do their job. Examples:
Persistent sexual jokes, comments, or insults.
Displaying sexually explicit images or posters in the workplace.
Repeated unwanted touching, brushing, or staring.
Derogatory remarks about pregnancy, gender identity, or sexual orientation.
If you experience harassment, here are practical steps you can take:
Document everything — Write down each incident with dates, times, locations, witnesses, and details. Save texts, emails, or messages.
Review your company’s policy — Most California employers must have a written anti-harassment policy.
File an internal complaint — Report harassment through HR, a complaint hotline, or another designated channel (not just your direct supervisor).
Contact enforcement agencies:
California Civil Rights Department (CRD): calcivilrights.ca.gov/complaintprocess
Equal Employment Opportunity Commission (EEOC): eeoc.gov
(Complaints filed with one agency are automatically cross-filed with the other.)
Be aware of time limits — In California, most employees must file a harassment complaint with the CRD within three years of the incident (Gov. Code §12960).
Seek legal advice — An employment attorney can guide you through filing claims and pursuing damages.
If harassment is proven, victims may be entitled to:
Compensation for emotional distress.
Back pay or lost wages.
Reinstatement, hiring, or promotions.
Changes in employer policies to prevent future harassment.
Punitive damages in severe cases.
California employers have strict obligations:
Provide mandatory anti-harassment training (Gov. Code §12950.1):
1 hour for non-supervisors, 2 hours for supervisors.
Training must cover sexual orientation, gender identity, and gender expression.
Training is required within 6 months of hire and repeated every 2 years.
Maintain a written harassment prevention policy (2 CCR §11023):
Available in any language spoken by at least 10% of the workforce.
Includes a complaint process that ensures confidentiality and impartial investigations.
Must identify CRD and EEOC as external reporting options.
Prohibit retaliation — It is illegal to fire, demote, or punish an employee for reporting harassment.
If harassment escalates into assault:
Call 911 if in immediate danger.
Report to law enforcement.
Seek medical care promptly.
Call RAINN’s National Sexual Assault Hotline: 800-656-HOPE (4673).
🔹 What qualifies for harassment in California?
Any unwelcome conduct based on sex, gender, pregnancy, or orientation that creates a hostile or intimidating environment may qualify.
🔹 Can I sue my employer for harassment in California?
Yes. If your employer fails to prevent or address harassment—or retaliates—you can sue under FEHA (Gov. Code §12940) or Title VII.
🔹 How long do I have to file a claim?
Most employees have three years from the last incident to file a claim with the CRD. Federal EEOC deadlines may be shorter (generally 180–300 days).
🔹 What damages can I recover?
Victims may receive back pay, reinstatement, emotional distress damages, attorney’s fees, and sometimes punitive damages.
🔹 Can I be fired for reporting harassment?
No. Retaliation is illegal under both FEHA and Title VII. If it happens, you can file an additional claim.
🔹 What qualifies as a hostile work environment in California?
Behavior that is severe or pervasive enough to interfere with your ability to work—such as repeated touching, derogatory comments, or intimidation—meets the legal standard.
Workplace sexual harassment in California is taken seriously by both state and federal authorities. With strong protections under FEHA and Title VII, employees have clear rights to a safe work environment and legal remedies when those rights are violated.
If you are facing harassment, document incidents, file a complaint, and know that the law prohibits retaliation. For additional support, contact the California Civil Rights Department, the EEOC, or an experienced employment attorney.
