Sexual harassment questions, answered

Two kinds of conduct count. The first is quid pro quo: someone with power over your job offers a benefit, like a raise or better shifts, in exchange for sexual favors, or threatens to make your work life hell if you refuse. The second is a hostile work environment: unwelcome sexual comments, jokes, touching, messages, images, or conduct because of your sex or gender that make it harder to do your job.

Read more in our guide, What Counts as Sexual Harassment at Work in California?

One incident can be enough. California law says a single incident of harassing conduct is sufficient to create a triable issue that a hostile work environment existed, if it unreasonably interfered with your work or created an intimidating, hostile, or offensive environment (Gov. Code § 12923(b)).

In most cases you have three years from the harassment to file a complaint with the California Civil Rights Department (Gov. Code § 12960(e)(5)). Once the Department issues a right-to-sue notice, you generally have one year from that notice to file a lawsuit (Gov. Code § 12965(c)(1)(D)).

Don't wait on those deadlines. Evidence fades, witnesses move on, and texts get deleted. Talk to a lawyer as soon as you can.

No. It's illegal for an employer to fire, demote, or punish you because you complained about harassment, filed a complaint, or helped with an investigation (Gov. Code § 12940(h)). If that happens, retaliation is a separate claim on top of the harassment itself.

Nothing up front. We handle harassment cases on contingency: no fee unless we win. If there is no recovery, you pay no fees or costs. We'll explain the fee in a written agreement before any work begins.

No. Harassment by a coworker, customer, client, or vendor can count too. For harassment by someone who isn't a supervisor, your employer is responsible if it knew or should have known and didn't take immediate and appropriate action to stop it (Gov. Code § 12940(j)(1)).

No. California law says 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, gender identity, pregnancy, and related conditions, and it can happen between people of the same sex.

Yes. Under California law, an employee who harasses someone at work can be personally liable for that harassment, whether or not the employer knew about it (Gov. Code § 12940(j)(3)).

Yes. For harassment claims, California's Fair Employment and Housing Act covers any employer that regularly employs one or more people (Gov. Code § 12940(j)(4)(A)). It also protects unpaid interns, volunteers, and people working under a contract.

Often, yes. A federal law passed in 2022 lets a person bringing a sexual harassment or sexual assault claim choose to go to court instead of private arbitration, even if they signed an arbitration agreement before the dispute (9 U.S.C. §§ 401-402). It applies to claims that arose or accrued on or after March 3, 2022, and a court, not an arbitrator, decides whether it applies.

Not about the facts. In California, a settlement of a sexual harassment or workplace harassment claim filed in court or with a government agency can't stop you from disclosing the factual information about the claim (Code Civ. Proc. § 1001). You can ask for a provision that keeps your own identity private, and the amount of the settlement can usually stay confidential.

• Write down what happened: dates, times, places, exact words, and who was there.
• Save texts, emails, messages, and photos you're allowed to keep. Don't take confidential company files.
• If you feel safe doing so, report it in writing to HR or a manager, and keep a copy.
• Don't quit or sign anything until you've talked to a lawyer.
• If you're in danger, call 911.

Yes. We represent employees who work in California, with offices in San Diego and Orange County.