Can I Sue If My Manager Sent Me Inappropriate Texts?
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Yes, You Can Sue: What California Law Says About Inappropriate Texts From a Manager
Under California’s Fair Employment and Housing Act, Government Code § 12940(j), harassment through text messages is covered by law. If your manager sent you inappropriate texts because of your sex, gender, sexual orientation, or another protected characteristic, you may have grounds to sue both your employer and your manager personally. The employer is strictly liable when the harasser is a supervisor, even if the company had a written policy against harassment and claims it never knew. California gives you three years from the last harassing text to file a complaint with the state before pursuing a civil lawsuit.
Does California Law Cover Inappropriate Texts From a Manager?
Yes. FEHA does not limit its reach to in-person conduct. The California Civil Rights Department (CRD), the state agency that enforces FEHA, confirms that harassment law applies to text messages and other electronic communications, including emails, video messages, and messages sent through any work-related communication platform. If your manager sent inappropriate texts to your personal phone or a work phone, those messages are not in a legal gray zone. They fall squarely within what FEHA prohibits.
This matters because many employees assume workplace harassment law only covers things said face-to-face. It does not. A text carries timestamps, the sender’s identity, and the exact words used. From a legal standpoint, that can be more concrete than a verbal exchange with no witnesses.
What Makes a Text Message “Harassment” Under FEHA?
Not every offensive or rude text constitutes illegal harassment under FEHA. The conduct must be linked to a protected characteristic. Government Code § 12940(j)(1) prohibits harassment based on:
- Sex or gender
- Gender identity or gender expression
- Sexual orientation
- Race, color, or national origin
- Religion
- Disability
- Age (40 and over)
- Other characteristics protected under FEHA
If your manager’s texts were sexual in nature, contained demeaning comments about your gender, or targeted you because of who you are, the protected-characteristic requirement is likely met. A manager who simply sends rude messages unrelated to any protected trait may be a bad boss, but that conduct is a different legal question. The link to a protected characteristic is what brings FEHA into play.
Who Can You Actually Sue When a Manager Sent Inappropriate Texts?
This is where California law is significantly stronger than federal law, and stronger than most employees realize. You may have two defendants, not one.
The employer is strictly liable. Under Government Code § 12940(j)(1), when the person doing the harassing is a supervisor or agent of the employer, the employer is liable, period. There is no “we didn’t know” defense. There is no “we had a policy against this” defense. Strict liability means the company cannot escape responsibility by pointing to an employee handbook or claiming HR was kept in the dark.
The manager is personally liable. Under Government Code § 12940(j)(3), the individual who committed the harassment is personally liable for that conduct. Your manager is not protected by their title or their employer’s deeper pockets. You can name both the company and the manager as defendants in the same lawsuit.
Two California cases confirm this clearly. In Reno v. Baird (1998) 18 Cal.4th 640, the California Supreme Court drew a precise line: individual supervisors are not personally liable for discriminatory personnel decisions (like a demotion), but personal liability does attach for harassing conduct. In Myers v. Trendwest Resorts, Inc. (2007) 148 Cal.App.4th 1403, the Court of Appeal applied that principle and confirmed that a supervisor acting in the course of employment can be held personally liable under § 12940(j)(1) and (j)(3).
This distinction matters practically. If a manager sends sexually explicit texts and is later fired, you do not lose a defendant. That manager can still be sued individually.
If you work in a specialized industry and face discriminatory conduct alongside harassment, you may also want to understand how to sue an employer for discrimination as a separate or parallel theory of recovery.
What If the Texts Were Sent by a Co-Worker, Not a Supervisor?
The standard shifts. Under Government Code § 12940(j)(1), when the harasser is a non-supervisory co-worker, employer liability only attaches if the employer (or its agents or supervisors) knew or should have known about the harassment and failed to take immediate and appropriate corrective action. This is a “knew or should have known” standard rather than strict liability. If you reported the texts to HR and HR did nothing, that failure to act can itself establish employer liability for co-worker harassment.
What If HR Already Knows and Did Nothing?
If you reported the inappropriate texts to HR and the company failed to act, the employer’s liability is compounded. Government Code § 12940(k) independently requires employers to take “all reasonable steps necessary to prevent harassment and discrimination from occurring.” A company that receives a harassment report and takes no corrective action may be violating both § 12940(j) and § 12940(k). Inaction on a known report is not a defense. It is evidence of the violation.
Your Texts Are Potential Evidence: Protect Them Now
Text messages are among the most useful potential evidence in a harassment case precisely because they cannot be disputed the way verbal statements can. They show who sent the message, exactly what was said, and when. Here is what to do immediately:
- Screenshot every relevant text, including the sender’s name and phone number visible in the thread
- Email the screenshots to a personal account you control (not your work email)
- Back them up to a personal cloud storage account or an external drive
- Print physical copies and store them somewhere safe
- Do not delete any messages, even ones you find disturbing
- Save the manager’s contact information as it appears in your phone
- Note the dates you received each message and any context around them
If the texts were sent through a work platform (such as a company messaging system or a work-issued phone), the employer may retain server-side records of those communications. That is an additional preservation issue an attorney can address through formal discovery.
One important caution: texts may be used as evidence in a FEHA proceeding, but their admissibility in court depends on authentication and compliance with California evidentiary rules. Do not assume they are automatically admitted. An attorney can advise you on how to properly present them.
For a detailed overview of your rights and how a sexual harassment attorney can help you build a case, see the firm’s page on workplace sexual harassment claims in Los Angeles.
What You Can Recover in a FEHA Harassment Claim
A successful FEHA harassment claim can result in several categories of relief:
- Lost wages: If you were forced to quit due to intolerable conditions (constructive discharge), were fired, or lost income as a result of the harassment
- Emotional distress damages: Compensation for the psychological harm caused by the harassment
- Reinstatement: If you want your job back, a court can order it
- Injunctive relief: A court order requiring the employer to change its practices, implement training, or take other corrective action
- Punitive damages: Available when the employer acted with malice or reckless indifference to your rights; these are designed to punish and deter, and they can be substantial
- Attorney’s fees: If you prevail, the employer generally pays your attorney’s fees under FEHA, which means many employees can pursue these claims without paying legal fees upfront
If the harassment resulted in termination, you may also have a wrongful termination claim running alongside the harassment claim. California law is clear that firing someone in retaliation for complaining about harassment is unlawful. You can learn more about when you can sue an employer for wrongful termination as a related cause of action.
The Filing Deadlines You Cannot Miss
California has a multi-step process for bringing a FEHA claim. Missing any deadline can bar your case entirely.
Step | Action Required | Deadline | Governing Authority
|
|---|---|---|---|
1 | File a harassment complaint with the CRD | 3 years from the last harassing text | Government Code § 12960 (as amended by AB 9, effective January 1, 2020) |
2 | Obtain a right-to-sue notice from the CRD | Can be requested immediately; no need to wait for agency investigation | CRD procedure |
3 | File a civil lawsuit in California Superior Court | 1 year from the date of the right-to-sue notice | |
Federal parallel | File a charge with the EEOC (Title VII) | 300 days from the harassment (when a state agency like the CRD exists) |
For most California employees, the FEHA route through the CRD is more favorable than the federal Title VII route because the CRD’s three-year window is significantly longer than the EEOC’s 300-day window. Both options exist, but the state route typically gives you more time and stronger remedies.
One critical limit: the three-year window established by AB 9 does not revive claims that had already expired under the prior one-year rule as of December 31, 2019. If your last harassing text predates January 1, 2017, you should speak with an attorney immediately about whether any path remains open.
What Happens If You Miss the CRD Deadline?
Missing the three-year CRD filing deadline under Government Code § 12960 will almost certainly bar your FEHA civil claim. There are narrow tolling doctrines that can extend a deadline in some circumstances, but you should not count on them. The practical rule is simple: act early, because waiting costs you options.
How to Start a Harassment Claim: Your Next Steps
- Preserve all texts immediately using the steps above
- Write down a timeline of every incident while the details are fresh, including dates, what was said, and any witnesses
- If you have not already reported internally, consider whether doing so serves your interests (an attorney can advise you on the tradeoffs)
- Contact the CRD to file a complaint, or request an immediate right-to-sue notice so you can proceed directly to litigation
- Consult a California employment attorney before the three-year window closes
Frequently Asked Questions
Can my manager be sued personally for texting me sexually explicit content?
Yes. Government Code § 12940(j)(3) makes individual supervisors personally liable for harassment they commit. This has been confirmed by both the California Supreme Court in Reno v. Baird (1998) 18 Cal.4th 640 and the Court of Appeal in Myers v. Trendwest Resorts, Inc. (2007) 148 Cal.App.4th 1403.
Does it matter if the texts were sent after work hours or to my personal phone?
The timing and device do not automatically determine whether FEHA applies. What matters is whether the conduct was related to your employment and based on a protected characteristic. Harassment that begins at work and continues into off-hours communications can still fall within FEHA’s scope.
What if I still work at the company and am afraid of retaliation?
California law prohibits retaliation against employees who report or oppose harassment. If your employer retaliates against you for complaining, that retaliation is itself an independent violation of FEHA. Documenting everything before and after you report is important.
Do I have to wait for the CRD to finish investigating before I can sue?
No. You can request an immediate right-to-sue notice from the CRD and proceed to file a civil lawsuit in California Superior Court without waiting for the agency’s investigation to conclude.
What if there were only a few texts?
FEHA does not set a minimum number of incidents for a claim to exist, though the conduct generally must be severe or pervasive enough to create a hostile work environment. A small number of extremely severe messages may meet that threshold. An attorney can evaluate the specific facts of your situation.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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