What to Do If You Face Sexual Harassment at Work
- Last Updated:
What California Law Says About Sexual Harassment at Work, and What You Should Do Right Now
California’s Fair Employment and Housing Act (FEHA), Government Code § 12940(j), protects every California employee from sexual harassment at work, at every employer regardless of size. If you experienced unwelcome conduct because of your sex, gender, or pregnancy, you may have a legal claim. California law recognizes two types of harassment: quid pro quo (a job benefit conditioned on sexual submission) and hostile work environment (conduct severe or pervasive enough to poison your workplace). The person who harassed you can be personally liable, and your employer may be liable as well. Here is what to understand and what to do.
What Counts as Sexual Harassment at Work Under California Law
Before taking any action, it helps to understand whether your experience legally qualifies. Under the California Civil Rights Department (CRD) fact sheet, harassment “because of sex” includes sexual harassment, gender harassment, and harassment tied to pregnancy, childbirth, or related medical conditions. Critically, the harassing conduct does not need to be motivated by sexual desire. California courts apply this standard through two recognized legal theories.
Quid Pro Quo Harassment
Quid pro quo harassment occurs when a job benefit, promotion, raise, or continued employment is conditioned on submission to sexual advances or conduct. In Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 607, the California Court of Appeal confirmed that this type of harassment is established when submission to sexual conduct is made a condition of concrete employment benefits. The harasser is typically a supervisor or someone with authority over employment decisions, but the claim does not require that you actually suffered a job loss. A threat alone can be sufficient.
Example: A manager tells an employee that her upcoming performance review “depends on how cooperative she is” after asking her out repeatedly. That explicit linkage between a job benefit and sexual submission is textbook quid pro quo harassment, even if the review has not yet occurred.
For a deeper comparison of the two harassment types, see our article on quid pro quo vs. hostile work environment harassment.
Hostile Work Environment Harassment
Hostile work environment harassment applies when unwelcome comments or conduct based on sex unreasonably interfere with work performance or create an intimidating, hostile, or offensive workplace. In Miller v. Department of Corrections (2005) 36 Cal.4th 446, the California Supreme Court established that whether an environment is “hostile” is determined by the totality of circumstances, including:
- The frequency of the discriminatory conduct
- Its severity
- Whether it is physically threatening or humiliating, as opposed to a mere offensive utterance
- Whether it unreasonably interferes with the employee’s work performance
Two points matter most for evaluating your situation. First, the conduct does not have to form a long pattern. A single act can be sufficiently severe to be unlawful on its own. Second, the harassment does not need to have been directed at you personally. If you witnessed a pattern of sexual conduct aimed at a coworker and it altered your work environment, you may still have a claim.
If a coworker’s repeated social overtures are part of what you experienced, our article on whether a coworker repeatedly asking you out qualifies as sexual harassment addresses that specific pattern in detail.
Who Is Protected and Who Can Be Held Liable
Several assumptions lead employees to believe they do not have a viable claim. California law addresses each of them directly.
Your Employer’s Size Does Not Matter
Federal Title VII covers employers with 15 or more employees. California FEHA goes further: all employers in California, regardless of employee count, are covered by its harassment provisions. A two-person company, a family business, a startup with three employees, none are exempt.
Supervisors, Coworkers, and Clients Can All Trigger Liability
California imposes liability on multiple parties, not just your employer:
- Supervisors and agents: Employers are automatically liable for sexual harassment committed by their supervisors or agents.
- Coworkers: Non-supervisory employees are also personally liable for harassment they commit or aid and abet.
- Clients and customers: An employer can be held liable for harassment by a non-employee (such as a client or vendor) if the employer knew or should have known about the conduct and failed to take reasonable corrective steps.
- Individual harassers: Under Government Code § 12940(j)(3), any employee who commits harassment is personally liable, regardless of whether the employer knew about the conduct or failed to act. Your claim is not limited to your employer; the person who harassed you can be sued directly.
This last point is significant. Many employees assume they can only pursue a claim against the company. In California, the individual harasser carries personal legal exposure independent of any employer knowledge or response.
What to Do Right Now: Documentation, Internal Reporting, and the CRD Process
Step 1: Start a Personal Harassment Log Today
Before anything else, begin documenting. Use a personal device (not a work computer) and a personal email or cloud account that your employer cannot access. For each incident, record:
- The date, time, and location
- Exactly what was said or done, in the harasser’s own words where possible
- Who was present and who may have witnessed it
- How it affected your work (disrupted a meeting, caused you to leave the room, prevented you from completing a task)
- Any employer response, or the absence of one
Preserve every text message, email, voicemail, or social media message related to the harassment. Screenshot them and store copies outside employer systems. If the harassment leaves physical evidence (a note left on your desk, an object), photograph it with your phone and document when you received it. This contemporaneous record is often the most credible evidence in a harassment case. For a detailed breakdown of building a case without witnesses, see our guide on how to prove sexual harassment at work without witnesses.
Step 2: Report Internally When Appropriate
California employers with five or more employees are legally required under 2 CCR § 11023 to maintain a written harassment prevention policy. That policy must include a complaint process that ensures confidentiality to the extent possible, a timely response and impartial investigation, documented tracking of progress, and appropriate remedial action with timely closure. The employer must also post the CRD’s “California Law Prohibits Workplace Discrimination and Harassment” notice in the workplace.
Reporting internally through that process matters for two reasons. It puts your employer on notice, which directly affects their liability exposure going forward. And it creates a dated, documented record showing the employer knew about the harassment and had an opportunity to correct it. A common employer defense is that they never received a complaint. A written internal complaint eliminates that defense.
A frequent employer tactic when harassment continues after an internal report is to reframe the harasser’s subsequent conduct as unrelated to the original complaint. Under California law, that characterization is not conclusive. The employer’s actual response, its adequacy, and any retaliation that follows are all relevant to the overall claim.
Step 3: File a Complaint with the California Civil Rights Department (CRD)
Before you can file a civil lawsuit under FEHA, you must first file an administrative complaint with the CRD and obtain a Right-to-Sue Notice. This is not a suggested step. It is a mandatory prerequisite under FEHA, and skipping it bars your civil lawsuit entirely.
The CRD accepts complaints through the following channels:
- Online: calcivilrights.ca.gov/complaintprocess
- By mail or in person: at any CRD office
- By phone: 800-884-1684 (toll-free); TTY: 800-700-2320
File withn the statutory period from the last act of harassment. Do not delay this step while waiting to see if internal complaints resolve the situation. The CRD clock runs from the harassing conduct, not from the employer’s failure to act.
Your Action Checklist for Sexual Harassment at Work in California
- Begin a personal log documenting each incident with date, place, words, witnesses, and effects on your work
- Preserve texts, emails, voicemails, and any physical evidence outside employer systems
- Identify any witnesses who may have seen or heard the conduct
- Locate your employer’s written harassment prevention policy (required for employers with 5+ employees under 2 CCR § 11023)
- Submit a written internal complaint through the employer’s policy process, and keep a copy
- Note the date of your complaint and track whether the employer responds within a reasonable period
- If the employer does not take corrective action, or retaliates against you, escalate to the CRD
- File your CRD complaint and obtain a Right-to-Sue Notice before filing any civil lawsuit
- Consult with a California employment attorney about next steps after receiving your Right-to-Sue Notice
For a full walkthrough of these steps and the decisions involved at each stage, see our 7-step guide to what to do if you are sexually harassed at work.
What This Means If You Are Living Through This Right Now
The most important practical takeaway from this article is that timing matters. The requirement to file with the CRD before suing is not a technicality that attorneys can work around after the fact; it is a condition that must be met within the statutory period from the last harassing act, and that period runs whether or not your employer is still “looking into it.” Start your personal log today regardless of whether you plan to report internally, because that contemporaneous record will be the foundation of any claim you bring. If your employer has already responded inadequately or has taken adverse action against you for reporting, that retaliation is itself a separate legal violation under FEHA.
The individual who harassed you carries personal liability under Gov. Code § 12940(j)(3), which means a civil lawsuit is not contingent on your employer having deep pockets or admitting wrongdoing. If any of these facts apply to your situation, the next step is a consultation with a California employment attorney, not another internal complaint to the same HR department that already failed you.
Frequently Asked Questions
Does it matter that my employer only has three employees?
No. California FEHA’s harassment protections apply to all employers regardless of employee count. This is broader than federal Title VII, which covers only employers with 15 or more employees.
Can I have a claim even if the harassment was not directed at me personally?
Yes. Under the CRD’s published guidance, an employee may experience unlawful harassment even if the offensive conduct was not aimed directly at them. Witnessing a pattern of sexual conduct that altered your work environment can support a hostile work environment claim.
What if it only happened once?
A single act can be unlawful if it is sufficiently severe. The legal standard under California law is “severe or pervasive,” not both. One incident does not automatically disqualify a claim; courts apply the Miller totality-of-circumstances test to evaluate severity.
What if a client or customer harassed me, not a coworker or supervisor?
Your employer can be liable for harassment by a non-employee, such as a client or customer, if the employer knew or should have known about the conduct and failed to take reasonable corrective steps.
Do I need to file with the CRD before consulting a lawyer?
No. You can and should consult a California employment attorney before, or immediately after, filing your CRD complaint. An attorney can advise you on timing, how to frame your complaint, and what to expect from the process.
Can I sue the person who harassed me directly?
Yes. Under Government Code § 12940(j)(3), the individual harasser is personally liable for their conduct regardless of whether the employer knew about it or took corrective action. A lawsuit can name both the employer and the individual.
Contact Setareh Law Group: If you believe you have experienced sexual harassment at work, the attorneys at Setareh Law Group are available to evaluate your situation. Our firm represents California employees in sexual harassment and employment discrimination cases. Visit our workplace sexual harassment lawyer page to learn more or to schedule a consultation. We do not guarantee any particular outcome, and no representation is made about the value of any potential claim.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
General Information Disclaimer: This article provides general legal information about California employment law for educational purposes only. It is not legal advice, and reading it does not create an attorney-client relationship between you and Setareh Law Group or any of its attorneys. Every situation is different, and the law may have changed since this article was written. Do not rely on this article as a substitute for consultation with a licensed California employment attorney about your specific circumstances.
Sources and Additional Resources
Authoritative sources cited
- Fair Employment and Housing Act (FEHA), Government Code § 12940(j)
- the California Civil Rights Department (CRD) fact sheet
- 2 CCR § 11023
Related Setareh Law Group resources
Practice Areas:
Table of Contents
- verified by Trustindex
