California’s rules around workplace sexual harassment are among the strongest in the country. The California Fair Employment and Housing Act, commonly called FEHA, governs most claims and gives workers broad protection against unwanted sexual conduct, a hostile work environment, and retaliation. If you are trying to understand whether what you experienced counts as harassment, what to do next, or how employer liability works, it helps to know how California law frames these issues and what evidence actually persuades investigators, mediators, and judges.
What FEHA covers and why it is different
FEHA sexual harassment protections apply to employers of any size in California, including those with a single employee, as well as to labor organizations, employment agencies, and, in many cases, third parties who interact with your workplace. That breadth matters. Under federal law, harassment claims fall under Title VII, which typically applies to employers with at least 15 employees. California workplace harassment laws close that gap and add important clarifications, including a very low bar for what counts as harassment and specific training mandates.
The California Civil Rights Department, still called the DFEH in some materials and forms, enforces FEHA. You file an administrative charge with the Civil Rights Department before taking a case to court. The agency can investigate, mediate, or issue a right‑to‑sue letter. While the EEOC also processes sexual harassment charges, California employees often proceed through the state process because it reflects California sexual harassment laws directly and tends to move faster for state claims.
What is considered sexual harassment in California
California sexual harassment definition focuses on whether conduct is unwelcome and is based on sex or gender. The phrase “based on sex” is broad. It includes harassment because of gender, gender identity, gender expression, sexual orientation, pregnancy, childbirth, breastfeeding, or related medical conditions. It also covers harassment that is sexual in nature, like unwanted advances at work, but extends to nonsexual hostility that targets someone because of their gender.
There are two primary categories: quid pro quo harassment and hostile work environment. Many cases involve both.
Quid pro quo harassment in California occurs when a supervisor or person with authority conditions a job benefit on submitting to sexual conduct. Typical examples include a supervisor saying a promotion, raise, coveted shift, or continued employment depends on going to dinner or engaging in sexual activity. The tradeoff, the quid and the quo, can be explicit or implied. Even a single incident can be actionable because the power imbalance and the conditioning of employment on sex is severe by nature.
Hostile work environment in California addresses conduct that is severe or pervasive enough to alter working conditions and create an abusive environment. People often fixate on the phrase “severe or pervasive.” Under California law, courts look at the totality of the circumstances: frequency, severity, whether conduct was physically threatening or humiliating, and whether it interfered with work. A single severe incident, such as sexual assault, can be enough. Repeated verbal sexual harassment, lewd comments, sexual jokes, and unwanted touching that occur over time can also establish a hostile environment even if each instance is not extreme in isolation. California courts reject the notion that targets must have their work destroyed. Interference with work can mean distraction, anxiety, or avoiding certain spaces to escape harassment.
Physical sexual harassment in California includes unwanted touching, groping, kissing, blocking a path, or other physical conduct of a sexual nature. Verbal sexual harassment includes propositions, sexually explicit remarks, lewd jokes, comments about body parts, and dissemination of sexual content in chats or meetings. Visual harassment covers texts, emails, pictures, screensavers, Zoom backgrounds, posters, or gestures. The medium does not need to be in person. Conduct over Slack, Teams, or after‑hours texts can create liability if tied to the workplace.
Who can be liable: supervisors, coworkers, and third parties
Employer liability for sexual harassment in California depends on who engaged in the conduct. If a supervisor harasses an employee, the employer is strictly liable. That means the employer is responsible even if upper management did not know about the supervisor’s conduct. This strict liability rule gives real teeth to FEHA and encourages proactive prevention, not just reaction.
For coworker sexual harassment California law uses a negligence standard. The employer is liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action. That puts the spotlight on reporting and on the employer’s response. Reasonably prompt investigations, interim protective measures, and steps that stop the behavior are key.
Third party sexual harassment California law recognizes that customers, vendors, delivery drivers, and investors can harass employees. Employers can be liable if they knew or should have known and fail to act. In practice, that can mean removing the employee from the harasser’s account, warning the third party, or ending the relationship if behavior does not change. Many companies get this wrong, thinking a paying customer is untouchable. California expects the employer to protect its employees first.
FEHA also covers independent contractor sexual harassment. Contractors are protected from harassment by clients or entities they contract with. While other employment protections may not apply to contractors, harassment prohibitions do.
What a reasonable policy and training program looks like
California sexual harassment policy requirements call for a written, clear policy with complaint procedures that allow reporting to someone other than the immediate supervisor, prompt investigations, and anti‑retaliation assurances. Employers must distribute the policy when employees are hired and after updates. I often advise clients to include both hotline and email options, plus an external reporting path to a designated third party when feasible.
Training matters. California AB 1825 sexual harassment training, updated by SB 1343, requires employers with five or more employees to provide two hours of sexual harassment training to supervisors and one hour to nonsupervisory employees every two years, with new hires trained within six months. Content must include FEHA sexual harassment standards, supervisor obligations, retaliation prevention, and bystander intervention. Remote or online delivery is fine if interactive. If your employer cut‑and‑pasted a tired slideshow and offered no way to ask questions, that undercuts compliance. Quality training also reduces risk by teaching managers to escalate concerns early and to avoid casual comments that can later become evidence.
How to recognize problematic patterns before they escalate
In real workplaces, harassment often starts small and tests boundaries. A manager comments on a blouse, then three weeks later suggests drinks. A vendor’s jokes get progressively crude during late‑night project calls. Comments spread through a group chat, and the one person who objects gets labeled humorless. The law does not require you to wait for the worst day to act. Early reports can stop a pattern, add credibility to a later claim, and protect others.
Watch for pattern triggers: one person whose behavior changes when alcohol is around; a shift in tone after reviews or restructuring; or disparate treatment that follows an employee’s rejection of advances. In my cases, text messages sent after midnight and sudden schedule changes after declined invitations often shape the timeline.
Reporting sexual harassment in California: internal and external options
While you are not legally required to use internal complaint channels before going to the state, doing so can help in several ways. It gives the employer a chance to fix the situation, preserves contemporaneous records, and can establish employer knowledge, which is crucial for coworker and third‑party conduct. Still, some employees reasonably fear retaliation or an indifferent HR response. California sexual harassment retaliation protections are robust. Retaliation for reporting sexual harassment California law forbids includes termination, demotion, undesirable shifts, reduced hours, denial of projects, ostracism orchestrated by management, and negative references. Document any change after you report.
If internal reporting feels unsafe or has failed, you can file with the California Civil Rights Department. The sexual harassment complaint process in California typically uses an online portal. You describe the conduct, parties involved, and dates. You can request an investigation, mediation, or an immediate right‑to‑sue notice. If you request investigation, a CRD investigator may contact you, the employer, and witnesses, and can invite both sides to mediation. California sexual harassment mediation often resolves cases early, especially where both sides want confidentiality and a faster path than court. If you choose a right‑to‑sue letter, you can file a sexual harassment lawsuit in California state court.
If your case also fits federal law, you can pursue parallel filing with the EEOC. The agencies often have a work‑sharing agreement so filing with one can dually file with the other, but check the boxes on your intake form to be sure.
Filing deadlines and the case timeline
Under current rules, you generally have three years from the last unlawful act to file an administrative complaint with the Civil Rights Department, though nuances exist for delayed discovery or minors. After the agency issues a right‑to‑sue notice, you typically have one year to file in court. These timelines can shift with legislative updates, tolling agreements, or arbitration agreements, so confirm the filing deadline for sexual harassment California claims with a qualified attorney. Missing a deadline can end a case that would otherwise succeed.
A typical California sexual harassment case timeline runs like this: internal complaint and investigation within weeks, CRD filing within months if needed, optional mediation within a few months, and litigation running 12 to 24 months if the matter does not settle. Arbitration clauses may reroute claims to private arbitration, which can be faster, though less transparent. California has attempted to limit forced arbitration of harassment claims, but federal law has carved out rules for sexual assault and sexual harassment arbitration. Review any agreement you signed and ask counsel whether it applies.
The employer investigation: what “prompt and appropriate” looks like
Once the employer knows or should know of possible harassment, it must act. A competent sexual harassment investigation in California starts quickly, typically within days. Interim steps might include separating the parties, changing reporting lines without penalizing the complainant, or placing the alleged harasser on leave if needed. Investigators should be impartial and trained. The interviews should be private, thorough, and documented. Employers often use outside counsel or a certified workplace investigator for sensitive matters to ensure credibility.
The standard is not perfection. It is good‑faith, reasonable steps that are proportional to the allegations. If an employer completes an investigation but refuses to share any outcome, that is common, but it should still communicate whether allegations were substantiated and the general type of corrective action, consistent with privacy obligations. An investigation that drags on for months without updates or that fails to interview obvious witnesses raises red flags in later litigation.
Evidence that moves the needle
California sexual harassment evidence can be direct or circumstantial. Screenshots of texts or chat messages, calendar invites, Slack exports, emails, call logs, and badge records help prove timing and context. Contemporaneous notes carry weight, especially if made near the event and kept in a consistent format. If you told a coworker or friend soon after an incident, their statement can corroborate your account. Medical or therapy records may support damages for emotional distress.
I tell clients to preserve evidence immediately. Save messages before IT disables your accounts. Export texts to PDF. Take photos of whiteboard jokes before they vanish. Keep a simple timeline with dates, who was present, what was said, and how it affected your work. Be careful with employer devices and confidentiality policies; do not break the law to gather evidence. Your attorney can obtain company documents through discovery.
Remedies and damages available under FEHA
If you succeed on a sexual harassment claim California courts can award compensation for lost wages and benefits, future economic loss, and emotional distress. Emotional distress awards vary widely, from tens of thousands to seven figures in severe cases. Punitive damages are available if you prove malice, oppression, or fraud by managing agents, which often turns on whether executive leadership ignored clear warnings or failed to institute basic California sexual harassment policy requirements.
You can seek injunctive relief like policy changes, training, or reassignment of the harasser. Attorney’s fees are available to prevailing plaintiffs, which is one reason employers take FEHA claims seriously. California sexual harassment settlements often include monetary payment, neutral references, non‑disparagement, and sometimes training enhancements or a resignation classification that preserves unemployment eligibility. Confidentiality terms are more limited than they used to be. The Silenced No More Act restricts provisions that would bar you from discussing unlawful acts in the workplace, including sexual harassment, though settlement amounts may still be kept confidential.
Special issues: small companies, startups, and remote workplaces
California workplace harassment laws apply even when there are only a few employees. Startups sometimes over‑index on informality and let boundaries blur at offsites or investor dinners. Alcohol heightens sexual harassment lawyers california risk. Remind founders that supervisors can be strictly liable for their own conduct, and that investors or advisors can be third‑party harassers. For remote teams, harassment frequently occurs in chat, DMs, or video calls. Zoom “jokes,” inappropriate filters, or direct messages can create a hostile work environment California law recognizes. Employers should treat Slack channels and DMs like digital hallways and conference rooms, subject to the same rules.
Another recurring issue is constructive dismissal. Sexual harassment constructive dismissal California claims arise when conditions become so intolerable a reasonable person would resign. Constructive discharge is not easy to prove. Document every step and show the employer had notice and failed to act. If you are considering resignation, discuss strategy with counsel before you resign, since timing affects damages and leverage.
Retaliation and whistleblower protections
California sexual harassment retaliation claims often stand on their own even when the harassment claim is contested. The law protects those who report, oppose, or assist in an investigation, whether or not the original conduct is ultimately found unlawful. After a complaint, watch for write‑ups, PIPs without basis, exclusion from meetings, and sudden drops in performance reviews that do not match prior records. California sexual harassment whistleblower protection also intersects with general Labor Code safeguards that prohibit retaliation for reporting rule violations internally or externally. Employers sometimes try to reframe a complaint as “disruptive behavior.” That rarely plays well if you have clear evidence you reported in good faith and continued to perform.
When to talk to a lawyer
You do not need an attorney to report internally or to file with the Civil Rights Department. Still, speaking with a California sexual harassment attorney early can help with strategy, evidence preservation, and messaging. A sexual harassment lawyer in California can also evaluate arbitration risks, potential claims under the California Labor Code, and whether other protected‑class claims exist alongside sex‑based harassment, such as race or disability harassment. Attorneys often work on contingency in these matters, meaning fees are a percentage of recovery, which levels the field for employees who cannot afford hourly counsel.
If you already received a right‑to‑sue letter, bring it to your consultation. The letter’s date starts your court filing deadline. Lawyers also want to see your offer letters, handbooks, performance reviews, texts, emails, and any notes you kept.
Practical steps to take today
Short, clear actions in the first days can frame your case, protect your job, and improve outcomes later.
- Preserve evidence. Save messages, emails, screenshots, calendars, and notes. Store copies on a personal device or cloud account you control, without violating trade secret rules. Review policies. Read your company’s harassment, complaint, and anti‑retaliation policies. Note the reporting avenues and timelines. Report in writing. If safe, send a concise report to HR or the designated contact. Include who, what, when, where, witnesses, and any attachments. Ask for acknowledgment and a timeline. Request protections. Ask for interim measures such as schedule adjustments, no‑contact orders, or a different reporting line, without loss of pay or opportunity. Consult counsel. A brief call with a California sexual harassment attorney can clarify deadlines, mediation options, and whether to involve the Civil Rights Department now or after the employer responds.
Common employer missteps that become expensive
Patterns repeat across industries. Employers sometimes try to minimize conduct as “personality conflicts,” label sexual comments as jokes, or bury findings to protect a rainmaking manager. Others transfer the complainant to a less visible role instead of fixing the problem. In California, those choices expose the company to higher damages, attorney’s fees, and punitive risk. Another recurring mistake is relying on outdated training. California SB 1343 harassment training requirements are not box‑checking exercises. Using stale videos that fail to explain hostile work environment laws in California or to cover bystander intervention can hurt credibility in litigation.
On the flip side, a high‑functioning employer responds fast, appoints a trained investigator, communicates timelines, enforces a no‑retaliation directive, and separates the parties without penalizing the complainant. Where claims are substantiated, they impose discipline proportionate to the conduct and document it.
Arbitration, confidentiality, and settlement dynamics
California sexual harassment arbitration has evolved. Federal law now allows employees alleging sexual harassment or sexual assault to choose to invalidate pre‑dispute arbitration agreements for those claims. If you signed an arbitration clause, discuss with your lawyer whether the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies. If it does, you can select court even if your agreement says otherwise.
Settlement talks can start at any time. Early settlement can make sense if you want closure, a reference, and financial recovery without protracted litigation. The Civil Rights Department’s free mediation program is underrated and effective in the right cases. Confidentiality limits apply: employers cannot require you to stay silent about the facts of sexual harassment, though the settlement amount can typically remain confidential. If your goal is broader change, some agreements include commitments to training, policy revisions, or a statement to staff.
The human side: balancing safety, career, and principle
People sometimes ask whether they should stay or go. There is no single answer. If the employer is responsive, puts protective measures in place quickly, and takes your report seriously, staying can be viable. If leadership circles the wagons, gaslights, or ignores obvious risk, planning an exit while preserving claims is sensible. Both paths demand careful documentation and an eye on deadlines. Do not let anyone tell you that you must choose between reporting and your career. California laws are designed to allow both, and courts take retaliation seriously.
Where the law is headed
California continues to refine harassment rules. Courts have moved away from outdated notions that targets must endure a workplace where “boys will be boys.” The Legislature has repeatedly updated training and confidentiality statutes. Remote and hybrid work will keep expanding the ways harassment can occur, and digital evidence will often decide cases. Expect more emphasis on bystander intervention in training and on liability for third‑party harassers, including customers and investors.
Final takeaways
You do not need to prove the worst day to have a case. You do not have to accept a hostile work environment because a harasser is powerful or profitable. The law recognizes quid pro quo harassment California workers sometimes face when promotions or schedules are tied to acquiescence. It protects against coworker, supervisor, and third party harassment. It punishes retaliation. And it gives you multiple pathways: internal reporting, a CRD complaint, mediation, and, if needed, a sexual harassment lawsuit in California state court.
If you are unsure whether your experience fits the California sexual harassment definition, talk it through with someone who knows the terrain. Describe the conduct in plain terms, gather your evidence, and set a quiet plan. Rights only matter if you can exercise them. Under FEHA, you have strong tools to do exactly that.