The Journal5 min read
Sexual Harassment at Work in California: Your Legal Rights
How California law defines workplace sexual harassment, who is liable, the deadlines to file with the CRD, and what remedies the FEHA provides for employees.
California's Fair Employment and Housing Act, Gov. Code § 12940, prohibits sexual harassment in any workplace and holds employers strictly liable for harassment by supervisors. Employees generally file a complaint with the Civil Rights Department first, and may then sue for damages, back pay, and injunctive relief in court.
What counts as sexual harassment under California law
The FEHA, at Gov. Code § 12940, recognizes two broad forms of workplace sexual harassment:
- Quid pro quo — when submission to sexual conduct is made a condition of employment, a raise, a promotion, or continued work.
- Hostile work environment — unwelcome sexual conduct severe or pervasive enough to alter the conditions of employment and create an abusive atmosphere.
Conduct can be verbal, visual, or physical: sexual comments, repeated propositions, explicit images, unwanted touching, or offensive jokes. California law is deliberately broad. Under Gov. Code § 12923, the Legislature declared that a single incident may be enough to establish a hostile environment, and that harassment need not be motivated by sexual desire — same-sex harassment and harassment based on gender identity are covered.
Importantly, the harasser does not have to be a boss. Co-workers, and even non-employees like clients or vendors, can create liability for the employer when it knew or should have known and failed to act.
Who can be held responsible
California draws a sharp line based on who did the harassing:
| Harasser | Employer liability standard |
|---|---|
| Supervisor | Strict liability — the employer is responsible even without prior notice |
| Co-worker | Liable if it knew or should have known and failed to take corrective action |
| Non-employee (client, vendor) | Liable if it knew or should have known and failed to act, per Gov. Code § 12940(j) |
Under the FEHA, the harassment provisions apply to employers of essentially any size — even one employee — which is broader than many federal rules. The individual harasser can also be held personally liable for harassment under Gov. Code § 12940, separate from the employer.
Retaliation against someone who reports harassment or participates in an investigation is separately unlawful. An employer may not fire, demote, or punish a worker for opposing conduct they reasonably believe is illegal.
The deadlines: don't wait
Timing is where valid claims are most often lost. In California the process typically starts with the Civil Rights Department (CRD), formerly the DFEH.
- You generally have three years from the last act of harassment to file a complaint with the CRD, under Gov. Code § 12960.
- After filing, you can request an immediate right-to-sue notice, or let the CRD investigate.
- Once the right-to-sue letter issues, you generally have one year to file a lawsuit in court, per Gov. Code § 12965.
These deadlines run separately from any internal HR complaint, which does not stop the legal clock. Because the interaction of these dates is easy to miscalculate, our California filing deadlines review explains how statutes of limitations work more generally.
What remedies are available
When a sexual harassment claim succeeds under the FEHA, courts may award a range of remedies. These generally include:
- Back pay and front pay for lost wages and benefits
- Emotional distress damages for the harm caused
- Punitive damages where the employer acted with malice or oppression
- Injunctive relief, such as policy changes or reinstatement
- Attorney's fees and costs to a prevailing employee, under Gov. Code § 12965
California has also limited employers' ability to silence claims. Provisions in the Code of Civil Procedure and Government Code restrict non-disparagement and confidentiality clauses that would prevent an employee from discussing unlawful harassment. Settlement agreements generally cannot bar you from disclosing factual information about a sexual harassment claim.
Practical steps and finding counsel
Documentation strengthens any claim. People in this situation often preserve emails, texts, and messages; note dates, witnesses, and what was said; and keep copies of any written complaint they submitted and the employer's response. Reporting the conduct internally, where safe to do so, can matter to the legal analysis of co-worker harassment.
Employment claims turn on specific facts and short deadlines, so many people consult a lawyer before their internal complaint even resolves. You can browse attorneys who handle these matters through the employment law directory or start at find counsel. Before hiring anyone, it is prudent to verify the attorney's California license and review what a first meeting typically involves.
If the harassment came alongside a firing, the wrongful termination overview explains how those claims often overlap.
Frequently asked questions
Do I have to report harassment to HR before suing in California?
California does not require an internal HR complaint before filing with the Civil Rights Department. However, for co-worker or non-employee harassment, whether the employer knew or should have known can affect liability, so reporting the conduct can matter to the legal analysis.
How long do I have to file a sexual harassment claim in California?
You generally have three years from the last act of harassment to file with the Civil Rights Department under Gov. Code § 12960, and then generally one year from the right-to-sue notice to file a lawsuit under Gov. Code § 12965.
Can a co-worker who isn't my boss create liability?
Yes. Under the FEHA, an employer can be liable for harassment by a co-worker or even a non-employee like a client if it knew or should have known about the conduct and failed to take immediate corrective action.
Can my employer make me sign an NDA that hides the harassment?
California law limits confidentiality and non-disparagement clauses that would prevent employees from disclosing factual information about sexual harassment claims. Settlement agreements generally cannot bar you from speaking about the underlying facts of such a claim.
Is the harasser personally liable, or only the company?
Under Gov. Code § 12940, an individual who engages in sexual harassment can be held personally liable, separate from the employer's liability. This applies to supervisors and co-workers alike, not just the company that employs them.
Legal information, not legal advice.
Legal information, not legal advice. This brief provides general legal and professional information; it is not a substitute for counsel on a specific situation, and reading it creates no attorney–client relationship.