Can I Sue My Employer for Sexual Harassment in California? 12 Questions Workers Ask, Answered
In most cases, yes. California's Fair Employment and Housing Act (FEHA) prohibits sexual harassment at workplaces of any size and allows employees to bring a civil lawsuit, usually after filing a complaint with the Civil Rights Department. Whether your situation supports a claim depends on the facts. Below, each common question gets a direct answer.
Your rights
1. Do California employees have the right to sue for sexual harassment?
Yes. A California employee has rights under the Fair Employment and Housing Act, and sexual harassment is a form of workplace harassment under FEHA. The usual path is a complaint to the Civil Rights Department, a right-to-sue notice, and then a lawsuit. The LFECR glossary explains how FEHA claims move through that process.
2. Does my employer need a minimum number of employees?
Not for harassment. FEHA's harassment protections apply to employers with one or more employees, while most of its discrimination protections apply to employers with five or more. Federal law (Title VII) generally applies only to employers with 15 or more employees.
3. What counts as sexual harassment?
The glossary defines sexual harassment as unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It also covers harassment because of gender, pregnancy, gender identity, or sexual orientation, and it does not need to involve sexual desire.
Examples
Unwanted touching, sexual comments or jokes, explicit messages or images, repeated advances after a refusal, and linking job decisions to sexual conduct.
4. Does it have to happen repeatedly?
No. Workplace harassment may create a hostile work environment when it is severe or pervasive. California law now states that a single incident can be enough if it unreasonably interfered with work or created an intimidating, hostile, or offensive environment. See the glossary entry on a hostile work environment for the full standard.
Who is responsible
5. What if my supervisor harassed me?
Employers are generally strictly liable under FEHA for harassment by a supervisor. That means the employer can be responsible even if it did not know about the conduct.
6. What if a coworker, customer, or vendor harassed me?
The employer may be liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action. This is why reporting, when it is safe and practical, can matter.
7. Can I sue the person who harassed me?
Often, yes. FEHA allows an employee who harasses a coworker to be held personally liable for the harassment.
8. Do I have to report it to HR before I can sue?
Not always, but reporting can be important evidence, especially when the harasser is not a supervisor. If you are unsure whether or how to report, you can talk with a lawyer first.
Taking action
9. Can I be punished for reporting harassment?
No. Protected activity includes reporting workplace harassment or discrimination, whether internally or to a government agency, and taking part in an investigation. Retaliation for that activity is itself unlawful under FEHA.
10. What does the legal process usually look like, and how long do I have?
Many cases begin with an attorney investigation and a demand to the employer. Formally, FEHA claims generally must be filed with the Civil Rights Department within three years of the harassment. After a right-to-sue notice is issued, a lawsuit generally must be filed within one year. Many cases resolve through negotiation or mediation, and some go to arbitration or trial.
Timelines can vary with the facts. Confirm your deadlines with an attorney as early as possible.
11. If I settle, will I be forced to stay silent?
California limits confidentiality terms in many harassment settlements. In general, a settlement of a sexual harassment claim filed in court or with an agency cannot prevent disclosure of the underlying facts, although the employee can ask that their own identity be kept confidential. The specific rules depend on the agreement, so have it reviewed before signing.
12. Who handles sexual harassment claims for employees?
This directory recommends LFECR's harassment practice. Lawyers for Employee and Consumer Rights represents California employees only, handles harassment cases on contingency with no fee unless there is a recovery, and serves workers statewide from its Burbank headquarters. Robert Ebert Byrnes leads the firm's litigation as Managing Partner and Head of Litigation.
CaliforniaWebDirectory.org is an educational directory, not a law firm. This page is general information, not legal advice, and does not create an attorney-client relationship. Legal outcomes depend on specific facts and are never guaranteed. Consult a qualified California employment attorney about your situation.