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Sexual harassment is a form of unlawful discrimination that is prohibited in California workplaces and many other settings. California law provides some of the strongest protections in the United States, safeguarding employees, students, tenants, and others from unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. These laws aim to create environments where individuals can work, study, or live without fear of harassment or retaliation for asserting their rights.
People seek legal assistance with sexual harassment issues for many reasons. You may need a lawyer if you have experienced unwelcome conduct of a sexual nature at work, school, or in another setting where you have legal rights. Common situations include feeling pressured for dates or sexual favors, being subjected to sexual jokes or comments, encountering offensive images or materials, or facing retaliation after reporting harassment. Legal help is also valuable if you need to understand your rights, gather evidence, file complaints, negotiate with your employer or school, or pursue a lawsuit for damages due to harassment or retaliation.
California law provides broader protections than federal law regarding sexual harassment. The Fair Employment and Housing Act (FEHA) prohibits sexual harassment in workplaces regardless of the size of the employer and covers interns, volunteers, and independent contractors in addition to employees. Harassment can be physical, verbal, or visual and does not have to be motivated by sexual desire. Both men and women can be victims or perpetrators, and harassment can occur between people of the same or different genders. California law also requires employers to provide anti-harassment training and to have clear policies for reporting and addressing complaints. Retaliation for reporting harassment or participating in an investigation is strictly illegal.
Sexual harassment is unwelcome conduct based on sex, gender, or sexual orientation. This can include unwanted touching, suggestive comments, sexual jokes, displaying offensive images, or making employment or academic decisions based on a person's response to sexual advances.
Employees, job applicants, interns, volunteers, independent contractors, students, tenants, and other persons are generally protected under California's laws against sexual harassment.
Document incidents of harassment, save evidence such as messages or emails, and report the conduct to your supervisor, human resources, Title IX coordinator, or another designated authority as soon as possible.
No, retaliation for reporting sexual harassment or participating in an investigation is illegal under California law. If you experience retaliation, you may have additional legal claims.
As of 2020, you have up to three years from the date of the harassment to file a complaint with the California Civil Rights Department. Prompt action is recommended for the best results.
A lawyer can help evaluate your situation, explain your rights, gather evidence, file complaints, negotiate settlements, and represent you in court or administrative proceedings.
No, harassment can come from coworkers, supervisors, clients, customers, or even non-employees in some cases. Employers are still required to protect you.
Yes, California's laws protect independent contractors and volunteers as well as employees.
You may be entitled to lost wages, emotional distress damages, punitive damages, reinstatement if terminated, and reimbursement of attorney fees and costs.
Most California employers with five or more employees must provide sexual harassment prevention training to all employees, including supervisors and managers.
Several state and national agencies and organizations can offer guidance and support, including:
If you believe you have experienced sexual harassment, your first step is to document the incidents as thoroughly as possible, including dates, times, locations, and details about what occurred. Report the harassment through the appropriate internal procedure at your workplace, school, or housing provider. If the issue is not resolved or if you feel unsafe, seek guidance from the California Civil Rights Department or another listed resource. Contact an experienced employment or civil rights attorney to review your case, discuss your legal options, and determine the best way to proceed. Do not wait to take action, as your rights are protected under California law, and time limits apply for most legal claims.
