California Sexual Harassment Attorney

What Is Considered Sexual Harassment?

Sexual harassment in the workplace refers to unwelcome and inappropriate behavior of a sexual nature that creates a hostile, intimidating, or offensive work environment. This form of discrimination violates laws such as Title VII of the Civil Rights Act of 1964 in the United States.

Understanding the different forms of sexual harassment helps employees recognize when their rights have been violated. These actions or behaviors might not always seem obvious at first but can significantly contribute to a toxic work environment. Employers must provide a safe and respectful workplace, making it essential for employees to stay informed about their rights and options.

California’s laws define sexual harassment broadly, ensuring protections cover a wide range of employment settings and job roles. Employers in California have a legal duty to stop inappropriate conduct, and failure to do so may make them liable for resulting damages. In a state as economically diverse as California—with industries ranging from technology in Silicon Valley to agriculture in the Central Valley—employees face unique challenges and expectations in workplace conduct. State lawmakers continually review and refine these legal standards to address evolving circumstances and improve employee protections across every region.

Sexual harassment can involve the following unwanted actions:

• Quid Pro Quo Harassment: This occurs when job benefits such as promotions, raises, or continued employment depend on the employee submitting to sexual advances or favors. For example, a supervisor may imply or state that an employee must engage in sexual activity to receive a promotion.
• Hostile Work Environment: This form of harassment happens when an employee faces unwelcome sexual behavior that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. This includes persistent unwelcome flirting, inappropriate comments, offensive gestures, or unwanted physical contact.
• Sexual Favoritism: Sexual favoritism occurs when a supervisor rewards employees who submit to sexual advances with better job assignments, promotions, or other benefits, causing a perception of inequality and unfair treatment among employees.
• Retaliation: Retaliation involves adverse actions taken against an employee who has filed a complaint about sexual harassment or participated in an investigation, such as demotion, unjustified negative evaluations, further harassment, or termination.

Did you experience any of the above? Call (888) 796-4010 or contact us online to request a free case consultation with our California sexual harassment attorney.

California Sexual Harassment Laws

In California, the Fair Employment and Housing Act (FEHA) provides stronger protections against sexual harassment than federal laws like Title VII. The FEHA applies to employers with five or more employees and prohibits harassment by employers, supervisors, coworkers, and even non-employees such as clients or vendors. California law adopts a progressive approach, recognizing that harassment can be verbal, physical, or visual. It covers both quid pro quo and hostile work environment harassment without the tight requirements seen in federal legislation.

California requires all employers with five or more employees to provide sexual harassment prevention training and education to their staff. Supervisors must receive at least two hours of training, while other employees must receive one hour every two years. The training should be interactive and cover prevention strategies, reporting mechanisms, and the legal consequences of engaging in sexually harassing behaviors. These regulations demonstrate California’s commitment to maintaining safe and respectful workplaces.

State and local agencies in California continuously revise guidance to reflect new legal developments and court decisions. The California Civil Rights Department (CRD), previously known as the Department of Fair Employment and Housing (DFEH), investigates complaints and enforces compliance across public and private employers throughout the state. In cities such as Los Angeles, San Diego, and San Francisco, local ordinances may provide additional workplace protections that supplement state law. If you work for an employer in California, you are protected regardless of the size of your city or industry sector. The state also prohibits employers from requiring employees to sign agreements that prevent them from disclosing unlawful workplace conduct, as strengthened by recent legislation such as the Silenced No More Act (SB 331).

How to Report Sexual Harassment in California

Report sexual harassment in California by following a structured process that aims to protect victims and support accountability. First, victims should document each instance of harassment thoroughly, recording dates, times, locations, and specific details of the incident, as well as any witnesses present. This documentation is essential if the issue escalates to a formal complaint.

Generally, the victim should notify their direct supervisor or the Human Resources department as soon as possible. If these resources are unavailable or if harassment comes from someone in management, organizations often offer alternative reporting channels, like anonymous hotlines. Victims should keep copies of all written communications related to their complaint and document the company's response.

If internal resolution fails or does not resolve the issue, victims may file a complaint with the Department of Fair Employment and Housing (DFEH) or consider civil litigation. The DFEH investigates these complaints, provides mediation, or takes legal action against the responsible parties. Victims intending to sue must pay attention to statutory deadlines, generally starting within three years from the incident date.

Reporting procedures may vary depending on the city or county. In metropolitan areas with larger workforces, employers may offer robust, multi-step reporting systems. In rural regions, procedures may be less formal, but the law still requires a meaningful process. The California Civil Rights Department makes complaint forms available online and by mail in multiple languages for employees in every region of the state. Victims should review the latest guidance from the Civil Rights Department to ensure compliance with current policies, especially as state and local rules evolve.

How California’s Legal Process Works for Sexual Harassment Claims

When you pursue a sexual harassment claim in California, the process typically begins with filing an administrative complaint through the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). After filing, the CRD will investigate your claim and may offer mediation to help resolve the dispute. If your claim cannot be resolved through these steps, you may receive a right-to-sue notice, which allows you to file a lawsuit in civil court. Throughout the process, strict deadlines and procedural requirements apply, so prompt and thorough action is critical at every stage. The legal journey may involve interviews, written statements, evidence collection, and working with attorneys to clarify the details of your experience.

California courts evaluate sexual harassment cases under the Fair Employment & Housing Act, which protects workers across every city and region in the state. Local courts, administrative offices, and agencies such as the CRD handle a high volume of cases annually and enforce compliance with evolving legal standards. If a claim reaches the courts, both parties have opportunities to present evidence before a judge or jury determines liability and, if warranted, the amount of recovery. This structured legal process ensures statewide consistency, no matter whether your workplace is in San Francisco, Los Angeles, Fresno, Sacramento, or another California area.

While the process may seem daunting, a knowledgeable attorney can help explain your options, safeguard your rights, and guide you through the necessary steps. California’s commitment to worker protections and the clear legal structure for harassment claims make it possible for employees to hold employers accountable under state law.

What Types of Damages & Compensation May Be Available in California Sexual Harassment Cases?

Employees who experience sexual harassment in California may seek damages and compensation designed to address both financial and personal losses. Courts and administrative bodies may award monetary compensation for back pay, lost front pay in situations involving wrongful termination, and the value of lost benefits. Recovery may also extend to damages for emotional distress and mental suffering caused by the harassment or a hostile work environment.

In some cases, courts impose punitive damages if an employer’s conduct is found to be especially egregious or willfully negligent. California law permits these additional awards to discourage future violations by employers and make clear the consequences of failing to protect employees. Additionally, prevailing employees may seek compensation for attorney’s fees and other legal costs, which provides meaningful support for individuals who might otherwise hesitate to pursue a claim due to financial concerns.

California’s courts, including those in areas such as the Bay Area, Inland Empire, and Central Valley, routinely address cases involving a broad range of industries—each with unique standards and working conditions. The precise nature and amount of damages are determined on a case-by-case basis, depending on individual facts, the severity of the harassment, and the impact on the employee’s career and personal life. Courts and agencies consider written evidence, testimony, and documentation provided by both parties to determine compensation that reflects the full extent of harm suffered by the victim.

Employer Obligations & Defenses Under California Law

California employers face strict legal obligations to maintain safe workplaces free from sexual harassment. State statutes require employers to adopt written policies against harassment and to communicate these policies to all employees. Companies must establish clear reporting mechanisms and respond promptly to any sexual harassment complaints. In addition, they must train supervisors and employees according to state-mandated guidelines to prevent harassment and retaliation in the workplace.

When claims arise, employers often raise defenses to dispute liability, such as claiming the conduct did not meet the legal standard for harassment or that the employer responded reasonably and promptly to a complaint. They may also point to preventive measures, like providing adequate training, having clear reporting channels, and investigating complaints without delay. However, California law places a high bar on these defenses, particularly when harassment is carried out by someone in a position of authority or when a company fails to act on known misconduct. Courts and agencies closely review whether an employer’s policies, response, and workplace culture conform to state standards to determine if liability or damages apply.

This legal framework sets California apart from many other states, as local ordinances in major cities may further increase employer obligations and potential liabilities. Employees should consult credible resources or legal counsel to understand how these defenses may apply in their specific circumstances and how employer actions affect their rights to recovery under state law.

FAQ: Addressing Common Sexual Harassment Concerns

What Are My Rights If I Face Sexual Harassment at Work?

In California, employees have the right to work in an environment free from harassment, including sexual harassment. If you experience inappropriate conduct, you may report it without fear of retaliation. State law compels employers to implement strong anti-harassment policies, reporting processes, and mandatory training. Under FEHA, employees can take legal action if harassment continues or if the employer fails to meet required procedures.

How Does California Define a Hostile Work Environment?

California defines a hostile work environment as one where harassment is severe or pervasive enough to change employment conditions and create an abusive atmosphere. This can involve behaviors such as verbal abuse, offensive jokes, unwelcome physical acts, or displaying explicit material. California law examines the total circumstances, including how often the conduct occurred, its severity, and its impact on the victim's psychological well-being.

What Is the Statute of Limitations for Filing a Harassment Claim?

To file a sexual harassment claim in California, you must submit a complaint to the Department of Fair Employment and Housing (DFEH) within three years of the most recent incident. After obtaining a right-to-sue notice, you have one year to file a civil lawsuit. These deadlines highlight the need for prompt action, as missing them can limit your legal options.

Can I Be Retaliated Against for Reporting Harassment?

California law strictly prohibits retaliation against employees who report sexual harassment or participate in investigations. Retaliation can take many forms, such as demotion, termination, salary reduction, or further harassment. The Fair Employment and Housing Act (FEHA) provides robust protections, allowing affected employees to file extra claims if they face retaliation. Employers must build an atmosphere where employees feel safe to voice concerns freely.

What Should I Do if My Employer Discourages Reporting?

If your employer discourages or blocks reporting of sexual harassment, keep detailed records about these interactions and consider seeking legal guidance. An employer’s failure to support or act on complaints violates California employment law and may lead to significant legal consequences. Explore all options to protect your right to a safe workplace. You can reach out to legal counsel or contact the DFEH directly for further support.

Our Experienced California Sexual Harassment Attorney Bill Marder Can Help Protect You

If you have suffered from sexual harassment or other forms of gender discrimination, you can count on Bill Marder to help you pursue justice. He has more than 25 years of legal experience and will only charge you if he wins your case.

Bill Marder serves clients throughout California, representing employees in large metropolitan areas as well as in smaller cities and rural regions. His in-depth knowledge of California’s employment laws and commitment to employee rights allows him to guide clients through the legal process with confidence. Attorney Marder has helped clients navigate claims involving local policies as well as state law, ensuring each client receives tailored support regardless of their workplace location or industry. Employees across California—including tech professionals in the Bay Area, healthcare providers in Los Angeles, educators in San Diego, and farmworkers in the Central Valley—have turned to Attorney Marder for help asserting their legal rights.

Attorney Marder understands the practical challenges employees face after a harassment incident, such as fears of retaliation, concerns about privacy, and uncertainty about job security. Clients benefit from an approach that values discretion, efficiency, and consistent communication. During your initial consultation, you receive focused legal advice and timely guidance tailored to your specific needs.

Suggested Reading:

• What Is the “Silenced No More Act”?
• What Is “Quid Pro Quo” Sexual Harassment?