Steps to Take After Workplace Harassment
Dedicated advocacy for California workers who have experienced harassment on the job.
- Last Updated:
Taking the right steps after experiencing workplace harassment can protect your legal rights, preserve evidence, and maximize your recovery. California workers commonly experience various forms of hostility that violate both state and federal protections.
As of 2026, the California Civil Rights Department continues to enforce strict regulations under the Fair Employment and Housing Act (FEHA), which requires employers to take all reasonable steps to prevent harassment from occurring.
Offensive jokes, slurs, or comments about race, gender, or age
Unwanted sexual advances, touching, or requests for sexual favors
Bullying or intimidation targeting a protected characteristic
Exclusion, isolation, or hostile treatment based on disability or religion
Retaliation after complaining about harassment
At Setareh Law, our workplace harassment lawyers help California workers understand the necessary steps to take, file claims with state and federal agencies, and recover damages for emotional distress and lost wages. For additional guidance on federal filing requirements and timelines, you can visit the U.S. Equal Employment Opportunity Commission (EEOC) website.
What Is Workplace Harassment in California?
Workplace harassment in California is unwelcome conduct based on a protected characteristic that creates a hostile work environment or leads to negative employment actions. Protected traits under FEHA include race, gender, religion, disability, age (40+), sexual orientation, and more. Harassment can come from supervisors, coworkers, customers, or vendors. Even a single serious incident or repeated minor behavior can qualify as harassment.
- Based on protected traits like race, gender, religion, disability, or age
- Can be committed by anyone in the workplace, including customers
- A single severe act or repeated behavior may both qualify as harassment
If you are facing a hostile environment, our workplace harassment lawyers at Setareh Law are here to help you hold responsible parties accountable. You can also find a comprehensive list of protected groups and filing information through the California Civil Rights Department.
Types of Workplace Harassment
Sexual Harassment
- Quid pro quo: Requests for sexual favors in exchange for job benefits (promotion, raise, keeping job)
- Hostile environment: Unwanted sexual comments, touching, jokes, emails, images, or advances that create an intimidating or offensive work environment
Discriminatory Harassment (Non-Sexual)
- Race-based harassment: racial slurs, jokes about ethnic groups, offensive symbols
- Age-based harassment: comments about being “too old,” “out of touch,” “dinosaurs”
- Disability-based harassment: mocking disability, refusing accommodations, offensive comments
- Religious harassment: mockery of religious practices, forced participation in religious activities
- LGBTQ+ harassment: misgendering, slurs, exclusion, offensive jokes
Bullying (May Be Harassment if Based on Protected Characteristic)
- General bullying (not based on protected characteristic) may not be illegal harassment
- But bullying based on race, gender, age, etc. is illegal harassment
- Document any connection between bullying and protected characteristic
Why Taking the Right Steps After Harassment Matters
- The steps you take after harassment can make or break your legal claim
- Proper documentation preserves evidence that might otherwise be lost
- Reporting harassment triggers employer legal obligations
- Employers can avoid liability if they were not given notice of harassment
- Taking the right steps maximizes damages and recovery
- Wrong steps (like deleting evidence or signing a release) can waive your rights
If you are facing a hostile environment, our workplace harassment lawyers at Setareh Law are here to help you hold responsible parties accountable. You can also find a comprehensive list of protected groups and filing information through the California Civil Rights Department.
Step-by-Step Steps to Take After Workplace Harassment
Step 1: Ensure Your Immediate Safety
- If you are in immediate danger, call 911
- If harassment involves physical assault or threats, contact police
- Remove yourself from the situation if possible
- Seek medical attention if physically harmed
- Consider requesting temporary transfer or remote work if available
- Your safety is more important than evidence preservation
Step 2: Write Down Everything While It Is Fresh
- Document the harassment incident in detail as soon as possible
- Include: date, time, location, what was said or done
- Identify the harasser(s) by name and title
- Identify any witnesses who saw or heard the harassment
- Describe your reaction and how you felt
- Note whether anyone else complained about similar harassment
- Date your written account and update it after each incident
Step 3: Preserve All Evidence
- Save emails, text messages, Slack messages, or other written communications showing harassment
- Take screenshots of messages before they can be deleted
- Save voicemails do not delete them
- Photograph or screenshot offensive images, posts, or materials
- Keep any physical evidence (notes, gifts, offensive objects)
- Do not delete anything even if it is embarrassing or upsetting
- Forward relevant emails to a personal email account (but check employer policy first)
Step 4: Review Your Employer’s Harassment Policy
- Locate your employee handbook or company harassment policy
- Identify the designated person(s) to report harassment to (HR, manager, ethics hotline)
- Note any reporting deadlines or procedures in the policy
- Some policies require reporting within a certain number of days
- Following the policy strengthens your claim
Step 5: Report the Harassment (If You Feel Safe Doing So)
- Report harassment in writing not just verbally
- Submit a formal complaint to HR, your manager, or the designated person in the policy
- Be specific: who, what, when, where, and witnesses
- State clearly that you consider the conduct to be harassment
- Request a specific response (investigation, separation from harasser, etc.)
- Keep a copy of your complaint
- If reporting in person, send a confirming email afterward
Step 6: Follow Up on Your Report
- If HR does not respond within a reasonable time (usually 1-2 weeks), follow up in writing
- Ask about the status of the investigation
- Request a written summary of findings
- If retaliation occurs (schedule changes, demotion, exclusion), document and report it immediately
- If employer fails to take reasonable steps to stop harassment, consider outside reporting
Step 7: Report to External Agencies (If Internal Reporting Fails)
California Civil Rights Department (CRD)
- File a complaint with CRD within 1 year of the last harassment incident
- CRD investigates and can issue a right-to-sue notice
- You can request an immediate right-to-sue notice
Equal Employment Opportunity Commission (EEOC)
- File a charge with EEOC within 300 days of the last incident (or 180 days if not in California)
- EEOC investigates harassment claims under federal law
Other Agencies
- California Labor Commissioner (for retaliation claims)
- Cal/OSHA (for health and safety retaliation)
- Professional licensing boards (for harassment by licensed professionals)
Step 8: Obtain a Right-to-Sue Notice
- For FEHA harassment claims, you must have a right-to-sue notice before filing a lawsuit
- You can request an immediate right-to-sue notice from CRD without waiting for investigation
- Once you receive the notice, you have 1 year to file a lawsuit
- Do not wait request the notice promptly after filing your CRD complaint
Step 9: Consult with an Employment Attorney
- Contact an attorney as soon as possible after harassment occurs
- Do not wait for HR to finish its investigation
- Do not sign any severance agreement, release, or settlement without legal review
- An attorney can advise you on strategy, deadlines, and potential damages
- Most harassment attorneys offer free initial consultations
Step 10: Consider Your Options for Moving Forward
- Remain at work If employer stops harassment and no retaliation
- Request transfer To different department, location, or schedule
- Take leave Use PTO, sick leave, or FMLA/CFRA leave for mental health
- Resign and claim constructive discharge If harassment made work unbearable
- File lawsuit After obtaining right-to-sue notice
For more information on maintaining employment records, you can visit the California Department of Industrial Relations or review the federal guidelines provided by the U.S. Department of Labor.
What to Avoid After Workplace Harassment
- Do not delete evidence Emails, texts, screenshots may be critical
- Do not sign anything without legal review Severance agreements may waive your rights
- Do not wait to report Delays can hurt credibility and miss deadlines
- Do not quit immediately without consulting a lawyer You may lose certain claims
- Do not confront the harasser alone Could escalate situation or backfire
- Do not post about harassment on social media Could be used against you
- Do not discuss the case with coworkers Confidentiality helps your case
- Do not destroy or alter personnel files
Retaliation After Reporting Harassment What Is Illegal
- Termination or demotion after reporting harassment
- Reduction in hours, pay, or benefits
- Transfer to less desirable location, shift, or role
- Exclusion from meetings, training, or projects
- Increased scrutiny, write-ups, or false performance issues
- Isolating you from coworkers or management
- Threats or intimidation for complaining
- Changing job duties to less desirable tasks
For a deeper understanding of federal protections against employer retaliation, you can explore the U.S. Equal Employment Opportunity Commission (EEOC) guidelines.
Employer Obligations After a Harassment Report
- Conduct a prompt, thorough, and impartial investigation
- Take reasonable steps to stop the harassment (separate parties, discipline harasser, transfer, terminate)
- Protect the complainant from retaliation
- Maintain confidentiality to the extent possible
- Provide a written summary of findings (in some cases)
- Follow up to ensure harassment has stopped
At Setareh Law, our workplace harassment lawyers are dedicated to holding companies accountable for failing to maintain a safe and professional environment. If a hostile work environment ultimately leads to the loss of your job, we also provide specialized representation as wrongful termination lawyers to help you recover the compensation you deserve.
How Employment Attorneys Help After Workplace Harassment
Immediate Guidance
- Advising you on whether to report internally or go directly to agency
- Reviewing employer harassment policy and deadlines
- Assessing strength of your harassment claim
Evidence Preservation
- Helping you document incidents properly
- Identifying additional evidence or witnesses
- Preserving emails, texts, and electronic communications
Administrative Filings
- Filing CRD complaint and requesting right-to-sue notice
- Filing EEOC charge when appropriate
- Meeting strict statute of limitations deadlines
Litigation and Settlement
- Filing lawsuit in state or federal court
- Conducting discovery to uncover additional evidence
- Negotiating settlement for emotional distress, lost wages, and punitive damages
- Representing you at mediation, arbitration, or trial
Protection From Retaliation
- Documenting retaliation as it occurs
- Filing separate retaliation claims
- Seeking immediate court intervention in egregious cases
Compensation Available for Workplace Harassment
- Emotional distress damages (anxiety, depression, PTSD, humiliation)
- Lost wages and benefits (if you quit, were fired, or transferred to lower pay)
- Lost future earning capacity (front pay)
- Medical expenses (therapy, counseling, medication)
- Punitive damages (to punish employer for malice or reckless indifference)
- Attorney fees and court costs
- Injunctive relief (policy changes, training, removal of harasser)
- Reinstatement or transfer
Statute of Limitations How Long Do You Have to File
- 1 year To file a harassment complaint with the California Civil Rights Department (CRD)
- 2 years To file a FEHA harassment lawsuit after receiving right-to-sue notice (1 year from notice, but notice typically takes 1 year)
- 300 days To file a harassment charge with the EEOC (federal)
- 1 year To file a retaliation claim under Labor Code section 1102.5
- Deadlines are strict do not wait to take action
How to Protect Your Rights While Still Employed
- Keep your own copy of all harassment complaints and follow-ups
- Save all emails, texts, and performance reviews
- Document any changes in treatment after reporting
- Continue to perform your job to the best of your ability
- Request copies of your personnel file (you have a legal right)
- Do not sign any write-ups you disagree with
- Contact an attorney before accepting any “deal” or severance
Why Choose Setareh Law for Workplace Harassment Claims
- Proven Track Record: Recovered millions for harassment victims
- Comprehensive Expertise: Sexual harassment, race harassment, age harassment, disability harassment, LGBTQ+ harassment
- Agency Experience: Skilled in CRD, EEOC, and Labor Commissioner filings
- Trial-Ready: Not afraid to take cases to trial when employers refuse fair settlements
- Maximize Recovery: Emotional distress, lost wages, punitive damages, and attorney fees
- Retaliation Expertise: Strong track record in retaliation claims
- No Recovery, No Fee: Free initial consultation with contingency representation
- Compassionate Approach: We understand the trauma of harassment and treat clients with respect
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Steps to Take After Workplace Harassment
Do I have to report harassment to HR before suing?
Not strictly required, but reporting gives your employer a chance to fix the problem. If you do not report, the employer may argue it did not know about the harassment.
What if I am afraid to report harassment?
You can report to CRD directly without reporting internally first. An attorney can help you decide the best approach.
Can I sue for harassment if I still work at the same job?
Yes. You do not need to quit to file a harassment claim. In fact, continuing to work while complaining can strengthen your case.
What is a hostile work environment?
A workplace where harassment is so severe or pervasive that it interferes with your ability to do your job. One severe incident (like assault) can be enough.
Can I sue for harassment if the harasser was a customer or client?
Yes. Employers have a duty to protect workers from harassment by non-employees if the employer knows about it and does nothing.
How much compensation can I get for harassment?
It depends on the severity, duration, and impact. Emotional distress damages can be substantial. Punitive damages may also be available.
What if my employer investigated and found “no harassment”?
An employer’s investigation is not binding. You can still file with CRD or sue. Many employers find “no harassment” to protect themselves.
How long does a harassment case take?
Most cases take 12-24 months to resolve. Many settle before trial.
Do I need a lawyer for a harassment claim?
Yes. Harassment cases are complex, emotionally difficult, and involve strict deadlines. A lawyer significantly improves your chances of recovery.
Take the Next Step
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.
Practice Areas:
Table of Contents
- verified by Trustindex
