Workplace Harassment · California

Can You Sue Your Employer for Sexual Harassment in California? What Workers Should Know Before Taking Action

A clear explanation of your rights, who can be held responsible, and the practical steps that protect your options.

Often, yes

California employees can generally sue an employer for sexual harassment under the Fair Employment and Housing Act (FEHA), usually after first filing a complaint with the California Civil Rights Department and receiving a right-to-sue notice. Whether you have a viable claim depends on what happened, who did it, and how your employer responded. If you would like a lawyer to look at your situation, LFECR's workplace harassment lawyers offer a free case review.

If you are dealing with harassment at work, you may be feeling anxious, embarrassed, or unsure whether what happened "counts." Those reactions are common. This guide is here to give you solid information so you can decide your next step on your own terms.

California Employees Have Rights Under FEHA

FEHA is California's main law against workplace discrimination and harassment. Its harassment protections are broad: they apply to employers of any size, and they protect employees, job applicants, unpaid interns, volunteers, and, in many situations, contractors. LFECR's glossary has a useful overview of how FEHA claims work, including the Civil Rights Department process.

Sexual Harassment Is a Form of Workplace Harassment Under FEHA

Under FEHA, harassment because of sex is unlawful. It includes sexual harassment in the familiar sense, such as advances and requests for sexual favors, and also harassment based on gender, pregnancy, gender identity, or sexual orientation. The conduct does not have to be motivated by sexual desire to be unlawful.

Harassing conduct can take many forms:

  • Unwanted touching, hugging, or blocking someone's path
  • Repeated requests for dates after a clear no
  • Sexual comments, jokes, or questions about your body or private life
  • Explicit images, messages, or gestures
  • Job benefits offered or threatened in exchange for sexual conduct
  • Hostility or mockery based on gender or gender identity

Who Can Be Held Responsible

One of the most important questions in a harassment case is who can be held legally accountable. California law answers it differently depending on who did the harassing.

Your employer

If the harasser was a supervisor, the employer is generally strictly liable under FEHA. If it was a coworker, customer, or other non-employee, the employer can be liable if it knew or should have known and failed to take immediate and appropriate corrective action.

The harasser personally

FEHA also allows an employee who harasses a coworker to be held personally liable for that harassment, whether or not the employer knew about it.

A Practical Plan If You Are Being Harassed

  1. Write it down. Record dates, times, what was said or done, and who saw it. Notes made close to the events are especially useful.
  2. Keep what you received. Save texts, emails, and messages to a personal device or account you control.
  3. Report it if you can. Follow your employer's complaint policy, and keep a copy of your complaint. Reporting gives the employer notice and is itself legally protected.
  4. Watch for changes after you report. Schedule cuts, demotions, or sudden discipline may be retaliation, which is a separate violation.
  5. Hold off on signing anything. Settlement or separation agreements may release your claims. Have them reviewed first.

Your safety and wellbeing come first. If you are in immediate danger, contact emergency services. You can also speak with a lawyer before making any internal report if you are unsure how to proceed.

Deadlines to Keep in Mind

3 yearsto file a FEHA complaint with the Civil Rights Department, generally measured from the unlawful conduct
1 yearto file a lawsuit after the Civil Rights Department issues a right-to-sue notice, in general
300 daysto file a federal charge with the EEOC in California, if pursuing federal claims

These are general rules. Exceptions can apply, so confirm the timing for your situation with an attorney.

What a Successful Claim May Include

Remedies depend on the facts. They may include lost wages, compensation for emotional distress, and in serious cases punitive damages, which require clear and convincing evidence of malice, oppression, or fraud. FEHA also allows courts to award attorney's fees to a prevailing employee. No lawyer can promise a result or amount.

Why We Recommend LFECR

  • Lawyers for Employee and Consumer Rights handles sexual harassment, hostile work environment, and retaliation cases for California employees.
  • The firm represents employees exclusively and does not represent employers.
  • Harassment cases are handled on contingency: no fee unless there is a recovery.
  • Headquartered in Burbank, the firm serves workers statewide, with litigation led by Robert Ebert Byrnes, Managing Partner and Head of Litigation.

Talk to Someone Who Represents Workers

A free case review can help you understand your options without any obligation.

Request a Free Case Review

This article is general information about California employment law and is not legal advice. It does not create an attorney-client relationship. Every situation is different, filing deadlines apply, and outcomes are never guaranteed. Consult a qualified California employment attorney about your circumstances.