How Do I Report Sexual Harassment at Work in California?

Deciding to report harassment is hard. You might worry about being labeled a troublemaker, losing shifts, or not being believed. Those fears are real. A clear, written report is still one of the strongest steps you can take, because it puts your employer on notice and starts its legal duty to act.

Here's how to do it in a way that protects you.

Do I have to report it to my boss?

No. Every California employer has to have a written harassment, discrimination, and retaliation prevention policy, and the complaint process in that policy can't require you to complain directly to your immediate supervisor (Cal. Code Regs., tit. 2, § 11023(b)). Policies usually offer other routes, such as:

• A designated person in HR or management
• A complaint hotline
• An ombudsperson

The policy also has to point you to the California Civil Rights Department (CRD) and the federal Equal Employment Opportunity Commission (EEOC) as places you can go outside the company (Cal. Code Regs., tit. 2, § 11023(b)).

If your supervisor is the one harassing you, or is friends with the person who is, go around them. Check the employee handbook or the posted policy for the names and contact information. If you can't find it, email HR and ask for a copy.

Why does a written report matter?

California requires employers to take all reasonable steps necessary to prevent harassment (Gov. Code § 12940(k)). When the harasser is a coworker, customer, or vendor, your employer is responsible if it knew or should have known about the harassment and didn't take immediate and appropriate action to stop it (Gov. Code § 12940(j)(1)).

A written report is how you prove your employer knew. A hallway conversation can be forgotten or denied later. An email with a date and time stamp can't.

Attorney Ryan Stygar, author of Get it in Writing: The Ultimate Guide to Your Rights at Work, puts it this way: "Skipping an internal complaint can make it harder to show the company had notice of the problem, and that can make it harder to prove liability. That's why a paper trail is key."

What should my report say?

Keep it factual and specific. You don't need legal words, and you don't need to prove anything. Include:

• Who harassed you, and their job title
• What happened, using the exact words or actions where you can
• When and where each incident happened, as best you remember
• Who saw it or heard about it afterward
• How it affects you, such as dreading certain shifts or changing your route to avoid someone
• What you want, for example: "I want this to stop, and I'm asking the company to investigate."

Using the word "harassment" helps make clear what you're reporting. If you're not sure it legally counts, report it anyway. Our guide on what counts as sexual harassment in California may help you put words to it.

Send the report by email, or a company system that gives you a copy, and save that copy somewhere personal.

How do I protect myself before and after I report?

A few habits make a big difference:

1. Keep a private log. Write down each incident soon after it happens, on paper or a personal device: date, time, place, what was said or done, and who was there.
2. Save what you're allowed to keep. Texts, DMs, voicemails, and messages sent to you personally are usually fair game. Be careful about taking company files or forwarding confidential documents. Ask a lawyer before you do.
3. Don't secretly record anyone until you've talked to a lawyer. California's recording rules are strict.
4. Follow up in writing. If someone from HR calls you, send a short email afterward summarizing what you discussed.
5. Note any changes. New schedules, worse assignments, a sudden write-up, or being left out of meetings after you report can all matter later.
6. Don't quit or sign anything without getting advice first.

What is my employer supposed to do after I report?

Your employer's complaint process has to provide a timely response and an impartial, timely investigation by qualified personnel. It has to keep your complaint confidential to the extent possible, and if the investigation finds misconduct, it has to take appropriate remedial measures (Cal. Code Regs., tit. 2, § 11023(b)).

"Confidential to the extent possible" doesn't mean nobody will know. Investigators usually have to talk to the person you reported and to witnesses. It does mean your complaint shouldn't become office gossip.

Watch out for "fixes" that punish you. If you're the one moved to the night shift, a worse location, or fewer hours so the harasser can stay put, write it down and get advice.

What if I get punished for reporting?

That's retaliation, and it's illegal on its own. Your employer can't fire, demote, discipline, or otherwise punish you because you complained about harassment or helped with an investigation (Gov. Code § 12940(h)). Your employer's policy has to say this too (Cal. Code Regs., tit. 2, § 11023(b)).

Retaliation claims can be strong even when the harassment is hard to prove, because the timeline often tells the story. That's one more reason to keep copies of your report and dates.

Can I go straight to the government?

Yes. You can file a complaint with the California Civil Rights Department whether or not you reported inside the company. Keep in mind that, as noted above, a written report to your employer can help show it had notice. The CRD deadline is generally three years from the harassment. If your employer has 15 or more employees, you can also file with the EEOC, where the deadline in California is generally 300 days (EEOC Los Angeles District Office, "Timeliness").

Those deadlines can pass quickly. Our guide on how long you have to file a sexual harassment claim explains how they work.

The bottom line

Report it in writing, to someone the policy names who isn't the harasser, and keep a copy. Then keep a private record of what happens next. You're allowed to speak up, and the law is on your side when you do.

This article is general information about California and federal law as of its date, not legal advice for your situation. Laws change, and the right move depends on your facts.