What Counts as Sexual Harassment at Work in California?

A lot of people talk themselves out of calling it harassment. "He was just joking." "It only happened once." "She's not my boss." California law doesn't let your employer off the hook that easily. Here's what actually counts.

What are the two kinds of sexual harassment?

1. Threats or offers in exchange for sexual favors (quid pro quo). Someone with power over your job uses it to get something sexual from you. Sometimes it's a promise: go out with me and the promotion is yours. Just as often it's a threat: put up with it, or I'll make your life hell. Worse shifts, write-ups, a bad review, a demotion, or a firing for saying no all count.

2. A hostile work environment. Unwelcome conduct because of your sex or gender that makes it harder to do your job. That can include:

• Sexual comments about your body, clothes, or sex life
• Crude jokes, nicknames, or "compliments" that won't stop
• Touching, hugging, blocking your path, or standing too close
• Sexual texts, DMs, memes, photos, or videos
• Pressure to go out, and retaliation when you won't
• Insults and hostility aimed at you because you're a woman, a man, pregnant, or gay, or because of your gender identity

Does it have to happen more than once?

No. California law says a single incident of harassing conduct is enough to create a triable issue of a hostile work environment, if it unreasonably interfered with your work or created an intimidating, hostile, or offensive environment (Gov. Code § 12923(b)). The Legislature wrote that rule specifically to reject older cases that let a single serious incident slide.

The same law says harassment cases are rarely appropriate to throw out before trial, because whether a workplace was hostile usually can't be decided "on paper" (Gov. Code § 12923(e)).

Does it have to be about sex or attraction?

No. Sexually harassing conduct doesn't have to be motivated by sexual desire (Gov. Code § 12940(j)(4)(C)). Harassment "because of sex" includes harassment based on gender and on pregnancy, childbirth, and related conditions. Someone who mocks women, targets you for being pregnant, or harasses a coworker of the same sex can be liable even if attraction has nothing to do with it.

Does the harasser have to be my boss?

No. Harassment by a supervisor, coworker, customer, client, or vendor can all count. The rules differ a little:

• A supervisor: your employer is generally responsible for a supervisor's harassment.
• A coworker, customer, or vendor: your employer is responsible if it knew or should have known and failed to take immediate, appropriate action to stop it (Gov. Code § 12940(j)(1)).

The person who harassed you can also be personally liable, whether or not your employer knew (Gov. Code § 12940(j)(3)).

Does it matter how small my employer is?

Not for harassment. California's harassment rules apply to any employer that regularly employs one or more people (Gov. Code § 12940(j)(4)(A)). They also protect unpaid interns, volunteers, and people working under a contract (Gov. Code § 12940(j)(1)).

What if I complained and then got punished?

That's retaliation, and it's a separate violation. Your employer can't fire, demote, cut your hours, or otherwise punish you for reporting harassment, filing a complaint, or helping with an investigation (Gov. Code § 12940(h)). Retaliation claims are often easier to prove than the harassment itself, because the timeline tells the story.

How long do I have?

Generally three years from the harassment to file a complaint with the California Civil Rights Department, then one year after you get a right-to-sue notice to file a lawsuit. Our guide on deadlines for sexual harassment claims walks through the details.

What should I do now?

1. Write it down. Dates, times, places, exact words, and who saw it.
2. Save the evidence you're allowed to keep: texts, DMs, emails, voicemails, photos.
3. Report it in writing, if you feel safe doing so, and keep a copy.
4. Don't quit or sign anything until you've talked to a lawyer.

You didn't cause this, and you don't have to sort it out alone.

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.