Defining Sexual Harassment Under California Law
Sexual harassment in the workplace is prohibited under both federal law (Title VII of the Civil Rights Act) and California's Fair Employment and Housing Act (FEHA). California law provides broader protections than federal law and applies to employers with five or more employees, as well as to harassment by non-employees in certain situations.
California law recognizes two distinct forms of sexual harassment:
- Quid Pro Quo Harassment: This occurs when a person in a position of authority conditions employment benefits (such as a promotion, raise, or continued employment) on the victim's submission to sexual advances or conduct. A single instance of quid pro quo harassment can be sufficient to establish a legal claim. Examples include a supervisor promising a raise in exchange for a date, or threatening termination if sexual advances are rejected.
- Hostile Work Environment: This occurs when unwelcome sexual conduct is so severe or pervasive that it alters the conditions of the victim's employment and creates an abusive working environment. Unlike quid pro quo harassment, a hostile work environment typically involves a pattern of behavior rather than a single incident, though a single severe incident (such as a sexual assault) can also qualify.
It is important to understand that sexual harassment does not have to involve physical contact. It can include verbal comments, jokes, slurs, emails, text messages, social media posts, displaying offensive images, unwanted attention, stalking behavior, and any other conduct of a sexual nature that is unwelcome.
Who Can Be a Harasser?
One common misconception is that only a supervisor or manager can commit sexual harassment. Under California law, a harasser can be virtually anyone in the workplace, including:
- Supervisors and managers: Employers are strictly liable for harassment committed by supervisors, meaning the company is automatically responsible regardless of whether it knew about the harassment
- Coworkers: Employers are liable for coworker harassment if they knew or should have known about it and failed to take prompt corrective action
- Clients and customers: If an employer knows that a client or customer is harassing an employee and fails to take reasonable steps to stop it, the employer can be held liable
- Vendors and contractors: Third parties who regularly interact with employees can also create liability for the employer
- Subordinates: Harassment can flow upward in the organizational hierarchy, not just downward
Sexual harassment can occur between people of any gender. It is not limited to male-on-female harassment. California law protects all employees equally regardless of the gender of the harasser or the victim.
California's Extended Statute of Limitations Under AB-9
In 2019, California passed Assembly Bill 9 (AB-9), which significantly extended the time employees have to file sexual harassment complaints. Before AB-9, employees had only one year to file a complaint with the Department of Fair Employment and Housing (now the California Civil Rights Department, or CRD). AB-9 extended this deadline to three years.
This change was a landmark development for harassment victims. Many people who experience sexual harassment need time to process what happened, find a safe environment to come forward, or build the courage to report. The three-year window provides significantly more time to take action.
Key points about the statute of limitations:
- The 3-year clock starts from the date of the last incident of harassment
- A CRD complaint must be filed before you can file a civil lawsuit for harassment under FEHA
- After filing with CRD, you can request an immediate right-to-sue notice, which gives you one year to file a lawsuit in court
- The continuing violation doctrine may allow you to include earlier incidents of harassment that are part of the same pattern of conduct
- Do not wait until the last minute to file; evidence becomes harder to gather over time
Employer's Obligation to Prevent Harassment
California law imposes affirmative duties on employers to prevent and address sexual harassment. These obligations include:
- Written harassment policy: Every employer must have a written sexual harassment prevention policy that is distributed to all employees
- SB 1343 training requirements: Under SB 1343, employers with five or more employees must provide sexual harassment prevention training to all employees. Supervisors must receive at least 2 hours of training, and non-supervisory employees must receive at least 1 hour of training. This training must be completed within 6 months of hire and repeated every 2 years.
- Complaint procedures: Employers must establish and publicize a complaint procedure that allows employees to report harassment confidentially
- Prompt investigation: When a complaint is made, the employer must conduct a fair, thorough, and timely investigation
- Corrective action: If harassment is found, the employer must take appropriate corrective action to stop the harassment and prevent it from recurring
- Anti-retaliation protections: Employers must ensure that employees who report harassment are protected from retaliation
An employer's failure to meet any of these obligations can strengthen a harassment victim's legal claim and may result in additional liability.
How to File a Sexual Harassment Complaint
If you are experiencing sexual harassment at work, there are multiple avenues available for seeking relief. Here is a step-by-step guide to the process:
Step 1: Internal Complaint
Start by reporting the harassment to your employer through internal channels. This may include filing a complaint with your HR department, speaking with your supervisor (if they are not the harasser), or using your company's designated complaint procedure. Always make your complaint in writing so there is a documented record.
Step 2: File with the California Civil Rights Department (CRD)
If your employer fails to address the harassment, or if you prefer to go directly to a government agency, you can file a complaint with the CRD (formerly DFEH). You can file online, by mail, or by phone. The CRD may investigate your complaint or issue a right-to-sue notice that allows you to file a lawsuit.
Step 3: File with the Equal Employment Opportunity Commission (EEOC)
You can also file a charge of discrimination with the federal EEOC. There is a work-sharing agreement between the CRD and EEOC, so filing with one agency is typically cross-filed with the other. The EEOC filing deadline is 300 days in California due to the state's deferral status.
Step 4: File a Civil Lawsuit
After obtaining a right-to-sue notice from the CRD, you have one year to file a civil lawsuit in California Superior Court. A lawsuit allows you to seek the full range of damages available under the law.
Damages Available in Sexual Harassment Cases
Victims of sexual harassment in California can recover significant compensation, including:
- Lost wages and benefits: Compensation for income lost due to the harassment, including back pay, front pay, and lost benefits
- Emotional distress damages: Compensation for the psychological and emotional harm caused by the harassment, including anxiety, depression, PTSD, and loss of enjoyment of life
- Punitive damages: Additional damages intended to punish the employer for particularly egregious or malicious conduct
- Attorney's fees and costs: The prevailing employee can recover reasonable attorney's fees and litigation costs from the employer
- Injunctive relief: Court orders requiring the employer to change its policies or practices to prevent future harassment
There is no cap on damages in sexual harassment cases under California's FEHA, unlike federal Title VII claims which impose caps on compensatory and punitive damages. This is one of the many reasons California law often provides a more favorable forum for harassment victims.
Protection Against Retaliation
California law provides strong protections against retaliation for employees who report sexual harassment. It is illegal for an employer to take any adverse action against you for reporting harassment, participating in an investigation, or filing a complaint with the CRD or EEOC.
Retaliatory actions can include:
- Termination or demotion
- Reduction in pay or hours
- Unfavorable schedule changes or reassignment
- Increased scrutiny or discipline
- Exclusion from meetings, projects, or opportunities
- Hostile treatment by management or coworkers
- Negative performance reviews that are not supported by facts
If you experience retaliation after reporting sexual harassment, you may have a separate legal claim for retaliation in addition to your harassment claim. Retaliation claims often carry their own significant damages.
Recent Case Law Developments
California courts continue to refine and strengthen protections for sexual harassment victims. Several recent developments are worth noting:
- Expanded definitions of the workplace: Courts have recognized that harassment can occur at work-related events, during business travel, and through digital communications, including text messages, emails, and social media
- Remote work harassment: As more employees work remotely, courts have addressed harassment that occurs through video calls, messaging platforms, and other virtual interactions
- Single-incident harassment: While hostile work environment claims typically require a pattern of conduct, courts have increasingly recognized that a single severe incident can be sufficient
- Bystander claims: Courts have recognized that employees who witness harassment of others can also bring claims if the witnessed conduct affects their own work environment
- Strengthened employer liability: Recent decisions have reinforced that employers cannot escape liability by claiming ignorance of harassment when they failed to implement adequate reporting and prevention systems
When to Hire an Attorney
While you are not required to have an attorney to file a complaint with the CRD or EEOC, having experienced legal representation can significantly improve the outcome of your case. You should consider hiring a sexual harassment attorney if:
- Your employer has failed to address your complaint or has retaliated against you
- The harassment is severe or ongoing and is affecting your health, safety, or ability to work
- You have been terminated, demoted, or otherwise harmed as a result of the harassment or your complaint
- You need guidance navigating the legal process, including filing deadlines, evidence preservation, and strategic decisions
- You want to pursue a civil lawsuit to recover the full damages available under the law
At Zaghi & Chrzan, LLP, our sexual harassment attorneys handle cases on a contingency fee basis, which means you pay nothing unless we recover compensation on your behalf. We provide free, confidential consultations to evaluate your situation and advise you on the best path forward.