Understanding Sexual Harassment
Sexual harassment in the workplace is a serious violation of both California and federal law. It can take many forms, and victims often feel powerless to stop it. Under the Fair Employment and Housing Act (FEHA), sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature. The following are common types of sexual harassment:
- Threatening: Conditioning employment benefits — such as promotions, raises, or continued employment — on submission to sexual demands. This is also known as "quid pro quo" harassment.
- Physical: Unwelcome touching, groping, blocking movement, or any form of physical contact of a sexual nature.
- Verbal: Sexual comments, jokes, slurs, repeated requests for dates, inquiries about a person's sexual history, or sexually degrading remarks directed at an individual.
- Non-Verbal: Leering, making sexual gestures, sending sexually suggestive emails or messages, or displaying sexually explicit images or objects in the workplace.
- Environmental: A pervasive pattern of conduct that creates a hostile, intimidating, or offensive work environment — even if it is not directed at a specific individual. This is commonly referred to as "hostile work environment" harassment.
The Scope of the Problem
Sexual harassment remains alarmingly widespread in American workplaces. Studies show that approximately 40% of women and 14% of men experience some form of sexual harassment at work each year. Despite these staggering numbers, more than 70% of harassment incidents go unreported, often because victims fear retaliation, disbelief, or career consequences.
California has taken significant steps to combat workplace harassment. The state requires sexual harassment prevention training for all employers with 5 or more employees. Supervisors must complete two hours of training, and non-supervisory employees must complete one hour, both within six months of hire and every two years thereafter. These requirements reflect California's commitment to creating safer workplaces — and they also mean employers have no excuse for allowing harassment to occur.
Filing a Sexual Harassment Claim
If you are experiencing sexual harassment at work, it is important to take the right steps to protect your rights and build a strong case. The process typically involves the following stages:
- Document everything: Keep detailed records of every incident, including dates, times, locations, what was said or done, and the names of any witnesses. Save any relevant emails, text messages, photos, or other evidence.
- Report internally: File a formal complaint with your employer's human resources department or through your company's designated reporting channels. While this step can feel daunting, it creates an official record and puts your employer on notice.
- File with the CRD or EEOC: If your employer fails to address the harassment, you can file a complaint with the California Civil Rights Department (CRD, formerly known as DFEH) or the federal Equal Employment Opportunity Commission (EEOC). The CRD can investigate your claim and may pursue action on your behalf.
- Proceed with a civil lawsuit: After obtaining a right-to-sue letter from the CRD or EEOC, you can file a civil lawsuit against your employer to recover damages for the harm you have suffered.
Under California law, the statute of limitations for filing a sexual harassment claim with the CRD is 3 years from the date of the last incident of harassment. This extended timeframe was established by Assembly Bill 9 (AB-9), which took effect in January 2020 and expanded the previous one-year deadline. It is still critical to act as quickly as possible, as evidence and witness memories can fade over time.
Damages Available
Victims of sexual harassment may be entitled to substantial compensation, including:
- Lost wages and benefits — compensation for income lost as a result of the harassment, including back pay and future earnings if you were forced to leave your job or were terminated in retaliation
- Legal fees and costs — in many cases, the employer may be required to pay your attorney's fees and litigation costs
- Compensatory damages — damages for emotional distress, pain and suffering, anxiety, depression, and other psychological harm caused by the harassment
- Punitive damages — additional damages designed to punish the employer for particularly egregious, reckless, or malicious conduct and to deter similar behavior in the future
How We Can Help
At Zaghi & Chrzan, LLP, we understand how difficult it is to come forward about sexual harassment. Our compassionate and experienced attorneys provide a safe, confidential environment to discuss your situation. We handle every aspect of your claim — from documenting the harassment and filing administrative complaints to negotiating settlements and, when necessary, taking your case to trial.
We represent sexual harassment victims on a contingency fee basis, which means you pay nothing unless we win your case. Our goal is to hold harassers and negligent employers accountable while securing the maximum compensation available under the law.
What is considered sexual harassment at work?
Sexual harassment can include unwelcome sexual comments, requests, touching, coercion, retaliation, or conduct that creates a hostile, intimidating, or offensive work environment.
Can I sue for a hostile work environment in California?
Potentially, yes. California law protects employees from severe or pervasive harassment based on protected characteristics, including sexual harassment and gender-based misconduct.
What should I do if I am being sexually harassed at work?
Document what happened, preserve messages or witnesses, report the conduct through appropriate channels when safe to do so, and speak with an employment lawyer promptly about your options.