Sexual Harassment Attorney in Los Angeles
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What California Law Actually Prohibits, and Who Is Liable
California’s Fair Employment and Housing Act (Gov. Code § 12940(j)(1)) prohibits sexual harassment in every California workplace and goes further than federal law in one critical respect: if the harasser was your supervisor, your employer is strictly liable. No excuses, no “we didn’t know,” no Faragher-Ellerth affirmative defense. For harassment by a co-worker, customer, or other third party, employer liability arises when the employer knew or should have known of the conduct and failed to take immediate and appropriate corrective action. You have three years from the last harassing act to file an administrative complaint with the California Civil Rights Department (CRD), the required first step before any lawsuit. A sexual harassment attorney in Los Angeles can help you meet that deadline and pursue the full remedy available under state law.
Supervisor harassment vs. co-worker harassment: why the distinction matters
The liability gap between supervisor and co-worker harassment is not a technicality. It is the single most consequential fact in most harassment cases. When a supervisor harasses you, the law does not require you to prove the company knew about it. Liability is automatic. When a co-worker, vendor, or client is the harasser, you must show the company had actual or constructive notice and then failed to act. This shifts your documentation strategy significantly.
Consider a concrete example. A restaurant server is repeatedly grabbed and propositioned by the floor manager who controls her schedule. She does not report it internally because she fears losing shifts. Under Gov. Code § 12940(j)(1), the restaurant is strictly liable regardless of whether corporate HR ever learned of the conduct. If the same conduct came from a fellow server, the restaurant would only be liable if it knew or should have known and failed to respond. Determining whether the harasser held supervisory authority over you is one of the first questions a sexual harassment attorney will ask.
Gov. Code § 12940(k) adds a separate layer: all employers carry an affirmative duty to take all reasonable steps necessary to prevent harassment from occurring. An employer can be liable under this subsection even before you file a formal internal complaint, if warning signs existed and went ignored.
Warning Signs Your Employer Violated Its Legal Duty, and What to Document
California law imposed specific, verifiable obligations on your employer before any harassment ever occurred. The checklist below reflects those obligations under Gov. Code § 12950 and Gov. Code § 12950.1. A pattern of failures here is relevant evidence that the employer fostered a culture permitting harassment. One important nuance: posting compliance does not shield an employer from harassment liability, and failure to reach one individual employee does not by itself create liability. But these failures can be powerful corroborating evidence of the broader prevention failure your attorney will argue.
Employer Compliance Failures: What to Check and Document Before You Call
- No CRD poster displayed. Gov. Code § 12950 requires every employer to post the Civil Rights Department’s workplace discrimination and sexual harassment poster in a prominent, accessible location. Check whether it is actually visible in your break room, HR office, or shared common area. Photograph or note its absence.
- No information sheet ever distributed. The same statute requires employers to distribute the CRD’s sexual harassment information sheet (or an equivalent) to every employee. If you never received one at hire or afterward, document that fact in writing now, while your memory is fresh.
- No harassment prevention training provided. Any employer with five or more employees must provide at least one hour of interactive training to non-supervisory employees and at least two hours to supervisory employees, once every two years. If you have worked there for more than two years and received no training, that is a documented compliance failure.
- New supervisor never trained. A newly promoted or hired supervisor must receive the two-hour supervisory training within six months of assuming the role. If your harassing supervisor was promoted recently and received no training, document when the promotion occurred and ask (or note) whether training records exist.
- Seasonal or temporary worker, no training within 30 days. If you were hired as a seasonal or temp employee and never received training within 30 calendar days of your start date or 100 hours worked (whichever came first), that is a separate statutory failure.
- Supervisor training lacked required topics. The law requires supervisory training to cover abusive conduct prevention and harassment based on gender identity, gender expression, and sexual orientation. Generic “civility” training that omits these components does not satisfy § 12950.1.
- Internal complaint ignored or buried. If you reported harassment to HR or a manager and received no response, received a response that amounted to “work it out yourself,” or were told to stop bringing it up, document every communication: dates, who you spoke with, what was said, and how long it took to hear back (or whether you ever did).
- Retaliation after reporting. If your hours were cut, you were passed over for a promotion, your schedule changed, or your employment ended after you reported or objected to harassment, document the timeline precisely. Retaliation for opposing harassment is a separate violation under FEHA, and our workplace retaliation attorneys in Los Angeles handle these claims alongside harassment cases.
- Separation agreement requiring FEHA release. Since SB 1300 took effect January 1, 2019, employers are prohibited under Gov. Code § 12964.5 from conditioning a raise, bonus, or continued employment on your releasing a FEHA harassment claim. If you were handed such an agreement, preserve it and do not sign without speaking to an attorney.
The janitorial industry has a stricter standard
Assembly Bill 547 (the Janitor Survivor Empowerment Act) requires janitorial employers to provide in-person, instructor-led sexual violence and harassment prevention training at least once every two years. Online completion alone does not satisfy this requirement. The California Labor Commissioner’s Office resumed enforcing these in-person training requirements on January 1, 2024. If you work or worked in the janitorial sector in Los Angeles and your employer satisfied the training requirement with a click-through video module, that is a documented AB 547 violation worth raising with your attorney.
The Filing Deadlines Every Sexual Harassment Attorney Will Ask About First
Deadlines in sexual harassment cases are unforgiving. Missing one can permanently bar a claim that would otherwise have been strong. The two tracks, state and federal, run on different clocks.
Track | Step | Deadline | Clock Starts
|
|---|---|---|---|
FEHA / State (CRD) | File administrative complaint with CRD | 3 years | Last harassing act (extended by AB 9, eff. Jan. 1, 2020) |
FEHA / State (CRD) | File civil lawsuit in California state court | 1 year | Date CRD issues right-to-sue notice |
Title VII / Federal (EEOC) | File charge with the EEOC | 300 days | Date of harassing conduct (in California, as a deferral state) |
Title VII / Federal (EEOC) | File federal lawsuit in U.S. District Court | 90 days | Date EEOC right-to-sue letter received |
How a sexual harassment attorney uses both the CRD and EEOC processes
Most Los Angeles workers pursue the FEHA track first because California’s remedies are broader and the three-year window is longer. The sequence is: file a CRD complaint, obtain a right-to-sue notice (which can be requested immediately or after CRD investigation), then file in California superior court within one year of that notice.
The federal EEOC track runs parallel and on a much shorter clock: 300 days from the conduct in California. Filing with one agency can affect the other through work-sharing agreements, so a sexual harassment attorney will evaluate both tracks together and advise which to pursue, when, and why. Workers who assume the three-year state window covers everything sometimes miss the 300-day federal clock entirely. If you have any interest in pursuing federal claims, that deadline governs.
How Recent California Legislation Strengthened Your Rights
Two statutes passed in the past five years meaningfully shifted the landscape in California employees’ favor.
SB 1300 (effective January 1, 2019) amended FEHA to lower the employee’s burden and standard of proof in sexual harassment actions. It also added Gov. Code § 12964.5, which prohibits employers from conditioning a raise, bonus, or continued employment on an employee releasing a FEHA harassment claim. If your employer presented you with such a release at termination or during employment, that agreement may itself violate the law.
AB 9 (effective January 1, 2020) amended Gov. Code § 12960 to extend the CRD filing window from one year to three years. Workers who experienced harassment before 2020 and were told they had “missed their window” under the old rule should verify the applicable deadline with an attorney. For conduct occurring on or after January 1, 2020, the three-year window is clearly established.
For context on what these claims have been worth in practice, our guides on average sexual harassment settlements in California and past sexual harassment settlement amounts provide general reference points, though every case turns on its own facts.
What This Means If You Are Deciding Whether to Act
If you experienced harassment within the past three years and have not filed a CRD complaint, your window is open, but it will not stay open indefinitely. The moment to preserve evidence is now: screenshots of messages, a written chronology of incidents with dates and witnesses, and any documentation of your employer’s response (or non-response). If you reported internally and nothing changed, that is not the end of your options. It is often the beginning of your strongest argument. If you were handed a separation agreement, do not sign it before speaking with an attorney, particularly if it asks you to release FEHA claims. And if your harasser held any supervisory authority over your work, your schedule, or your employment, your employer may be strictly liable regardless of what it knew.
What to Do Next: Consulting a Sexual Harassment Attorney in Los Angeles
The process moves in a defined sequence: document what happened, file a CRD complaint within three years of the last harassing act, obtain a right-to-sue notice, and file in California superior court within one year of that notice. Each step has a hard deadline, and the first one controls everything that follows. Consultations with our firm are free. The only cost of waiting is deadline exposure.
Our sexual harassment attorneys in Los Angeles represent workers across every industry in Los Angeles County. Contact Setareh Law Group to discuss your situation and what steps make sense given your timeline.
Frequently Asked Questions
Does my employer have to know about the harassment before they can be held liable?
It depends on who harassed you. If a supervisor harassed you, your employer is strictly liable under Gov. Code § 12940(j)(1) regardless of whether management knew. If the harasser was a co-worker or third party, liability requires showing the employer knew or should have known and failed to respond appropriately.
Can I still file if I already left the job?
Yes. The three-year CRD filing window runs from the date of the last harassing act, not from your last day of employment. You may still have a viable claim even if you left months ago, as long as the deadline has not passed.
What if my employer says they investigated and found nothing?
An internal investigation that finds “nothing” does not close your legal options. FEHA does not require a prior internal finding of wrongdoing before you can file a CRD complaint. How the investigation was conducted, who conducted it, and what happened to you afterward are all facts your attorney will examine.
Do I need to have been fired to have a claim?
No. Sexual harassment claims under FEHA do not require termination. Persistent offensive conduct that creates a hostile work environment, unwelcome physical contact, quid pro quo propositions, and retaliation for reporting are all actionable regardless of whether your employment ended.
What is the difference between FEHA and Title VII?
Both prohibit sexual harassment, but FEHA generally provides broader protections and a longer filing window (three years vs. 300 days). FEHA also applies to employers with five or more employees, while Title VII covers employers with 15 or more. Most Los Angeles workers pursue FEHA claims, but your attorney will evaluate both tracks.
This article is general legal information provided for educational purposes only. It does not constitute legal advice, and reading it does not create an attorney-client relationship between you and Setareh Law Group or any of its attorneys. Sexual harassment claims are highly fact-specific and governed by deadlines that vary depending on the circumstances. Do not rely on this article as a substitute for individualized legal advice.
If you believe you have experienced workplace sexual harassment in Los Angeles, contact Setareh Law Group for a free consultation. Our employment attorneys represent workers across Los Angeles County and will evaluate your situation confidentially, at no cost to you. No outcome or recovery is guaranteed.
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.
Sources and Additional Resources
Authoritative sources cited
- Fair Employment and Housing Act (Gov. Code § 12940(j)(1))
- Gov. Code § 12950
- Gov. Code § 12950.1
- Gov. Code § 12964.5
- 300 days
- Gov. Code § 12960
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