California Sexual Harassment Lawyer
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What California Law Defines as Sexual Harassment
California’s Fair Employment and Housing Act (FEHA), Government Code § 12940(j)(1), prohibits employers, labor organizations, employment agencies, and other covered entities from harassing employees, job applicants, unpaid interns, volunteers, and many independent contractors because of sex, gender, gender identity, gender expression, sexual orientation, pregnancy, childbirth, or related medical conditions. Critically, harassing conduct does not need to be motivated by sexual desire to be illegal under California law. Individual harassers can be held personally liable under § 12940(j)(3), separate from any employer liability. If you have experienced this type of conduct at work, the clock is already running on your right to act.
The FEHA Definition: More Than Overt Sexual Conduct
Government Code § 12940(j)(1) expressly defines “harassment” because of sex to include sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. This means a supervisor who relentlessly mocks a pregnant employee, or a co-worker who targets a colleague because of their gender identity, may be committing illegal harassment even if no sexual proposition is ever made. Workers who self-screen out because they think their situation was “not sexual enough” may be walking away from a valid claim.
Two Forms of Illegal Sexual Harassment
California courts and the FEHA framework recognize two established categories of unlawful harassment:
- Quid pro quo harassment: A supervisor or person in authority conditions a job benefit, such as a promotion, favorable schedule, or continued employment, on submission to unwanted sexual conduct. Our firm’s quid pro quo sexual harassment guide covers this form in detail.
- Hostile work environment harassment: Conduct that is severe or pervasive enough to alter the conditions of employment and create an abusive work environment. A single extreme incident or a pattern of repeated unwanted comments, touching, or displays can both qualify. The conduct does not have to be sexual in nature, provided it is tied to a protected characteristic such as sex or gender.
Who Is Protected Under California's Sexual Harassment Law
Most workers assume that only full-time employees are covered. The statute reaches much further than that.
Employees, Applicants, Interns, and Volunteers
Government Code § 12940(j)(1) explicitly extends harassment protections to all of the following:
- Current employees (full-time, part-time, and temporary)
- Job applicants (a harassing interview is a covered act)
- Unpaid interns
- Volunteers
- Persons providing services pursuant to a contract
A practical illustration: a college student completing an unpaid internship at a media company is subjected to repeated unwanted physical contact by a senior editor. She has never received a paycheck. That does not bar her claim. FEHA covers her as an unpaid intern, and the editor can be held personally liable under § 12940(j)(3).
When Independent Contractors Are Covered
Not every freelancer automatically qualifies. Under Government Code § 12940(j)(5), a “person providing services pursuant to a contract” must meet two requirements: (A) the person must have the right to control the performance of the contract and have discretion as to the manner of performance, and (B) the person must be customarily engaged in an independently established business. Workers in ambiguous gig or staffing arrangements who are unsure whether they qualify should consult an attorney before assuming they have no claim.
Who Can Be Held Liable for Sexual Harassment in California
One of the most consequential features of California’s harassment law is that liability is not limited to the employer as a company. Understanding all potentially responsible parties matters when an employer appears to be shielding the harasser.
Employer Liability for Co-Worker Harassment
Under Government Code § 12940(j)(1), an employer is liable for harassment by a co-worker when the employer, or any of its agents or supervisors, knew or should have known of the harassing conduct and failed to take immediate and appropriate corrective action. The “should have known” standard is significant: a worker does not need to prove the company had direct notice. If the harassment was occurring openly, or if complaints were made to anyone in a position of authority, constructive notice may be established.
A common employer tactic is to argue that management never received a formal written complaint. Under the § 12940(j)(1) framework, the question is not whether a formal process was followed, but whether the employer knew or should have known and whether corrective action was actually taken promptly.
Personal Liability for Individual Harassers
Government Code § 12940(j)(3) is unambiguous: any employee who personally commits harassment prohibited by FEHA is individually liable, regardless of whether the employer knew or should have known of the conduct and regardless of whether the employer failed to act. This means the harasser, not just the company, can be named as a defendant in a lawsuit. For workers whose employer is small, insolvent, or actively resistant, individual liability is a critical avenue. If you are navigating a situation where the company seems untouchable, understanding who a workplace sexual harassment lawyer can name as defendants in your case is an important first step.
The Employer’s Independent Duty to Prevent Harassment
Government Code § 12940(k) creates a separate and independent violation: it is unlawful for an employer to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring. This is a prevention obligation, not just a response obligation. An employer that has no written harassment policy, never conducts training, and ignores early complaints may be liable under § 12940(k) even before a single formal complaint is filed. The existence of this duty also supports claims where harassment went unreported precisely because the employer created an environment where reporting felt futile or unsafe.
Mandatory Sexual Harassment Prevention Training for Employers
Government Code § 12950.1 requires all California employers with five or more employees anywhere to provide sexual harassment and abusive conduct prevention training. The five-employee count includes employees outside California; what matters is that the workers being trained are California-based. Additional technical standards are set out in Cal. Code Regs., Title 2, §§ 11023 and 11024.
|
Employee Category |
Required Training Length |
Biennial Deadline |
New Hire / Promotion Window
|
|---|---|---|---|
|
Supervisory employees |
2 hours (interactive) |
January 1, 2027 |
Within 6 months of assuming supervisory role |
|
Non-supervisory employees |
1 hour |
January 1, 2027 |
Within 6 months of hire |
|
Temporary or seasonal employees (tenure under 6 months) |
1 hour (non-supervisory) or 2 hours (supervisory) |
January 1, 2027 |
Within 30 calendar days of hire OR 100 hours worked, whichever comes first |
When a temporary worker is employed through a temporary services agency, the training obligation belongs to that agency, not the client business. The California Civil Rights Department (CRD) offers free online training courses satisfying § 12950.1 for both supervisors and non-supervisors, available in English, Spanish, Chinese, Korean, Tagalog, and Vietnamese at calcivilrights.ca.gov.
Filing Deadlines: How Long You Have to Act
Time limits in sexual harassment cases are strict and unforgiving. Missing a deadline can permanently bar an otherwise valid claim.
|
Step |
Deadline |
What Starts the Clock
|
|---|---|---|
|
File administrative complaint with the CRD (required before any lawsuit) |
3 years from the last act of harassment (Assembly Bill 9, eff. January 1, 2020) |
The most recent act of harassment in the course of conduct |
|
File civil lawsuit in California state court |
1 year from the date the CRD issues a right-to-sue notice |
Issuance of the CRD right-to-sue notice |
|
File federal charge with the EEOC |
300 days from the act of harassment |
The date of the specific harassing act |
Before filing any civil lawsuit under FEHA, a worker must first file an administrative complaint with the CRD and obtain a right-to-sue notice. Skipping that step bars the lawsuit entirely. The three-year CRD window, established by AB 9 effective January 1, 2020, significantly expanded what had previously been a one-year deadline, but three years passes quickly in cases where workers delay seeking advice.
Understanding what your case may be worth is a legitimate question at this stage. Our overview of average sexual harassment settlements in California addresses how damages are typically evaluated, without making guarantees about outcomes in any specific case.
What to Do If You Have Experienced Sexual Harassment at Work
- Document everything now. Write down dates, times, locations, what was said or done, and who was present. Do this while your memory is fresh, even if you are not yet certain you will file a claim.
- Preserve communications. Save emails, texts, voicemails, or any written records related to the harassment or your complaints about it. Forward work emails to a personal account if your employer policy allows, or take screenshots before access is cut off.
- Identify witnesses. Note anyone who witnessed the conduct or to whom you reported it. Their accounts may become important later.
- Report internally if you can do so safely. Reporting to HR or a supervisor can establish that the employer knew or should have known, which is directly relevant to employer liability under § 12940(j)(1). However, internal reporting is not a prerequisite to a legal claim.
- Know your confidentiality rights. California places specific limits on how employers can use NDAs in harassment cases. Our article on NDAs and sexual harassment in California explains what agreements employers can and cannot force you to sign.
- Consult an attorney before the deadline. Do not assume you have time. The three-year CRD window runs from the last act, and the 300-day EEOC window is shorter. An attorney can assess which deadlines apply and help you act before any window closes.
One additional issue workers frequently ask about: whether a complaint or lawsuit will become public. Our article on confidentiality in sexual harassment cases explains what California law permits and prohibits in terms of keeping proceedings private.
Frequently Asked Questions
Does sexual harassment have to be physical to be illegal under California law?
No. Government Code § 12940(j)(1) covers verbal conduct, written communications, visual displays, and other non-physical behavior, provided it is tied to a protected characteristic such as sex or gender and is severe or pervasive enough to alter working conditions. Physical contact is not required.
Can a same-sex harasser be held liable under FEHA?
Yes. FEHA prohibits harassment because of sex, gender identity, gender expression, and sexual orientation. The law does not require the harasser and the target to be of different sexes. The conduct also does not need to be motivated by sexual desire.
What if my employer does nothing after I report harassment?
Inaction after notice is precisely the conduct Government Code § 12940(j)(1) addresses. An employer that knew or should have known of harassment and failed to take immediate and appropriate corrective action is liable under that provision. The employer’s separate duty under § 12940(k) to prevent harassment may also be implicated.
I am an unpaid intern. Do I have a claim?
Yes. Government Code § 12940(j)(1) explicitly includes unpaid interns and volunteers within its protected categories. The absence of a paycheck does not eliminate your right to a harassment-free work environment.
I signed a settlement agreement. Can my employer require me to stay silent?
California places significant restrictions on confidentiality agreements in sexual harassment cases. A settlement NDA cannot prevent you from speaking with law enforcement, a government agency, or an attorney. Our article on NDAs and sexual harassment in California addresses this in detail.
Speak With a California Sexual Harassment Attorney
Sexual harassment claims involve strict filing deadlines, multiple potential defendants, and procedural requirements like CRD exhaustion that can bar a claim if missed. If you have experienced harassing conduct at work, or if you are an employer with questions about your training obligations, the attorneys at Setareh Law Group are available to help you understand your rights and options. Contact us for a confidential consultation. We do not charge for initial consultations, and we handle employment cases on a contingency basis.
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 (FEHA), Government Code § 12940(j)(1)
- Government Code § 12950.1
- Cal. Code Regs., Title 2, §§ 11023 and 11024
Related Setareh Law Group resources
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