California sets an assertive standard for workplace dignity. The state’s framework is broader and more protective than federal law, and it focuses on the practical reality of how harassment shows up in real offices, job sites, restaurants, warehouses, schools, and hospitals. If you supervise employees here, you must know how the rules work. If you are an employee, you should know what conduct crosses the line, how to report it, and what to expect. If you have been targeted, there are clear paths to relief.
This guide draws on California’s Fair Employment and Housing Act (FEHA), the Civil Rights Department’s regulations and guidance, and the way cases play out in practice. It explains what is considered sexual harassment in California, who can be liable, how to document and report, and how claims move from complaint to resolution.
The legal backbone: FEHA and key definitions
California’s primary law on workplace harassment is the Fair Employment and Housing Act, found in Government Code sections 12940 to 12965. FEHA sexual harassment protection applies to employers with one or more employees, and it generally reaches beyond traditional employees to cover applicants, unpaid interns, volunteers, and many contractors depending on control and access to the workplace. The California Civil Rights Department, sometimes still called by its former acronym DFEH, enforces these laws.
The California sexual harassment definition has two central categories:
- Quid pro quo harassment, where a supervisor or person with authority links employment benefits or conditions to sexual conduct. Examples include a manager promising a raise if an employee goes on a date, threatening to cut hours if the employee rejects advances, or conditioning a favorable assignment on sexual favors. Even a single explicit demand can be unlawful. Hostile work environment harassment, where unwelcome conduct of a sexual nature is so severe or pervasive that it alters the conditions of employment and creates an abusive environment. This can involve verbal sexual harassment, visual or written conduct, physical sexual harassment, or online activity. California courts emphasize that the standard is based on a reasonable person in the plaintiff’s position, considering the totality of circumstances.
FEHA is explicit that a single incident can be enough if it is extremely severe, for example a sexual assault. More commonly, a pattern of unwanted comments, touching, or jokes creates a hostile work environment. The harasser’s intent does not control. What matters is the effect on the target and whether the conduct was unwelcome and hostile or offensive.
What conduct is considered sexual harassment in California
In practice, sexual harassment California cases cover a wide range of behavior. Context matters, but these examples illustrate the line:
Verbal conduct. Repeated lewd comments, sexual epithets, propositions, talk about an employee’s body, sexual rumors, or inquiries into someone’s sex life. A supervisor telling an employee she would look better if she wore tighter clothing, a coworker rating people’s bodies aloud, or persistent calls or messages after being told to stop can be actionable.
Visual or written conduct. Displaying pornographic images on a screen visible to others, sharing sexually explicit memes in Slack, posting sexualized comments on a work group chat, or sending explicit messages to a colleague. In the hybrid era, many cases involve texts and DMs outside work hours, which are still covered if they affect the workplace.
Physical conduct. Unwanted touching, hugs after a clear Employment Law Lawyers California “no,” blocking someone’s path in a suggestive way, brushing against someone to make contact, shoulder rubs, groping, or sexual assault. California courts treat physical harassment as especially serious.
Unwanted advances and conditioning benefits. Repeated requests for dates after a refusal, threats to schedule less favorable shifts unless someone “is nicer,” or implying a poor review after ending a consensual relationship. This is the heart of quid pro quo harassment California recognizes.
Sex-based hostility framed as “jokes.” Mocking a pregnant worker, sexualized “banter” that targets women or LGBTQ+ workers, or comments about women not belonging in certain jobs. FEHA includes harassment based on sex, gender, gender identity, gender expression, sexual orientation, pregnancy, and related conditions.
The test is not whether the workplace has any rough language. It is whether the conduct is unwelcome, because of sex or related protected characteristics, and severe or pervasive enough to change conditions of employment. A single offhand comment rarely qualifies by itself, but it can be evidence when combined with other behavior.
Who can be a harasser and who is liable
One of the most misunderstood points in California workplace harassment laws is how many actors can be responsible.
Supervisors. If the harasser is a supervisor under FEHA’s broad definition, the employer is strictly liable for the harassment. Supervisor means someone with the authority to hire, fire, demote, promote, assign, transfer, or significantly direct sexual harassment california work. Supervisor sexual harassment California cases often focus on the company’s response and the harm, because liability is already established.
Coworkers. If a coworker harasses, the employer is liable if it knew or should have known and failed to take immediate and appropriate corrective action. The “should have known” part covers constructive knowledge, for example when conduct happens openly or has been reported to multiple leads.
Third parties. FEHA includes third party sexual harassment California protections. If a client, customer, vendor, or contractor harasses, the employer must take reasonable steps to protect employees. That can include removing the employee from exposure without reducing pay, changing client assignments, warning or banning the offender, and adjusting the business relationship.
Individuals. California allows personal liability for harassment against the harasser. Managers and coworkers can face individual liability for harassment, though not for discrimination, and they can be held liable for retaliation in some contexts.
Employers. Beyond direct liability, California law imposes a duty to prevent harassment. That means policies, training, prompt investigations, and effective remedial measures. Employer liability for sexual harassment California cases often turn on whether the company had a compliant policy, trained staff, created multiple reporting channels, and acted quickly once informed.
Severe or pervasive: how courts weigh hostile work environment
Not every crude remark will support a sexual harassment claim California law recognizes, but the bar is lower than many people think. Courts look at the total picture:
- Frequency over time, not just one day. Severity, especially physical conduct or explicit quid pro quo. Whether the conduct was humiliating, threatening, or interfered with work. The positions of the people involved, including power dynamics. The presence of witnesses or whether it was targeted and private. Impact on the employee’s work, health, and opportunities.
California decisions emphasize that a single act, such as an assault or an extremely graphic proposition by a supervisor, can be enough. Pervasive can be daily touching, repeated sexual comments on a team chat, or a manager’s pattern of dating inquiries tied to scheduling. I have seen cases where a handful of incidents over two months cleared the bar because they were explicit, targeted, and involved a direct supervisor.
Retaliation protection is not optional
FEHA makes it unlawful to retaliate against anyone for reporting harassment, supporting a complaint, or participating in an investigation. Retaliation can be firing, demotion, cutting hours, changing shifts to isolate, negative evaluations without basis, or excluding someone from meetings or training. California sexual harassment retaliation claims often succeed where the employer mishandles the aftermath, for example by moving the complainant to a less desirable role rather than addressing the harasser. The safer route is to separate them without harming the complainant’s pay, schedule, or prospects.
Training and policy requirements: AB 1825 and SB 1343
California sexual harassment training requirements are rigorous. Under AB 1825 and SB 1343, covered employers must provide interactive training that includes practical examples of harassment based on gender identity, gender expression, and sexual orientation. As of recent updates:
- Employers with five or more employees must train supervisors for at least two hours and non-supervisory staff for at least one hour every two years. New supervisors must be trained within six months of assuming supervisory duties. Temporary and seasonal employees often must be trained within 30 days or 100 hours worked.
Training is not a check-the-box slide deck. Effective programs use scenarios, clarify reporting channels, and explain responsibilities for supervisors who receive complaints. Employers should keep records of completion. A lack of training can increase exposure in a sexual harassment lawsuit California plaintiffs file.
Your policy matters as much as training. California sexual harassment policy requirements include a written policy with multiple reporting avenues, a prompt and confidential investigation process, and a statement that retaliation is prohibited. The policy should be distributed in a language employees understand and posted where people look, including digital channels.
How complaints move: internal reports, CRD and EEOC, and timelines
A strong internal process can stop harm and limit liability. California employers should offer several reporting options: direct to HR, to any supervisor, to an anonymous hotline, and to a designated email monitored by trained staff. The sexual harassment complaint process California workers experience should be simple, confidential to the extent possible, and responsive.
If internal efforts fail or if someone prefers an external route, you can file with the California Civil Rights Department (CRD) or the EEOC. In California, most workplace harassment claims are filed with CRD because it enforces FEHA, which is more protective than federal Title VII. The agencies share work-sharing agreements, so a timely CRD filing usually preserves federal claims too.
California sexual harassment statute of limitations. As of 2020, California generally allows up to three years from the last discriminatory or harassing act to file an administrative complaint with the CRD. After the CRD issues a right-to-sue notice or closes the case, you typically have one year to file a civil lawsuit. There are exceptions, including for delayed discovery, minors, or ongoing patterns, but do not assume extra time. If arbitration agreements or internal grievance procedures apply, they may influence sequencing, but they do not eliminate your right to file with CRD.
I have seen two common timing mistakes: waiting for an internal investigation to finish before contacting CRD, and assuming an informal HR complaint pauses the legal deadline. Neither stops the clock. If the deadline is approaching, request an immediate right-to-sue letter from CRD to preserve claims, then continue cooperating with any internal process in parallel.
What a sound investigation looks like
California expects investigations to be prompt, thorough, and impartial. A good sexual harassment investigation California employers run has certain hallmarks:
- It begins quickly after the employer learns of a concern, ideally within days. It is carried out by a trained, unbiased investigator, either internal or external. It gives both the complainant and the respondent a full chance to share facts and identify witnesses or documents. It secures and reviews relevant evidence, including emails, texts, chat logs, and access logs. It reaches findings based on a preponderance of the evidence and communicates results appropriately. It implements corrective action that is effective, proportionate, and protective against retaliation.
Seemingly small missteps, like telling witnesses to keep quiet in a way that chills reporting, or dragging the process out for months, can create liability. If a conflict of interest exists, bring in an outside investigator.
Evidence that matters and how to document it
In most sexual harassment claim California cases, the strongest evidence is contemporaneous and specific. Save texts, chat messages, emails, social media messages, photos, and calendar entries that show dates and content. Keep a timeline with who was present and what was said. If you report to HR or a supervisor, follow up by email so there is a record of the report. Do not record audio without checking California’s two-party consent law. If your company has a bring-your-own-device policy, back up your own content before turning over a phone for imaging.
For employers, preserve relevant data as soon as a complaint arises. Suspend routine deletion of chat channels, deploy a litigation hold, and avoid coaching witnesses. Document every step of the investigation, the basis for conclusions, and the corrective actions taken.
Special contexts: remote work, off-site events, and contractors
California harassment law follows the work, not just the office. Zoom meetings, Slack channels, and after-hours texts that affect the workplace are within reach of FEHA. So are conferences, off-site trainings, holiday parties, and client dinners if they are work-related. The law recognizes that harassment often occurs in liminal spaces: rideshares after events, late-night prep sessions, or off-clock gatherings that are tied to work.
Independent contractors are also protected from harassment in many cases. While discrimination protections may be narrower for contractors, FEHA’s harassment provisions reach beyond traditional employees when the hiring entity controls access to the workplace or when the harasser is an employee of the hiring entity. Independent contractor sexual harassment California claims typically focus on the hiring entity’s failure to prevent or correct known harassment.
What remedies look like: damages, settlements, and corrective action
Remedies can be substantial. Sexual harassment damages California courts and juries award commonly include:
- Back pay and front pay for lost wages and benefits. Emotional distress damages, which can range from tens of thousands to seven figures depending on the harm. Punitive damages against employers and individual harassers when conduct is malicious or in reckless disregard of rights. Attorneys’ fees and costs for the prevailing plaintiff.
California sexual harassment settlements vary widely. Modest cases may resolve in the mid five figures. Cases with severe harm, long-term retaliation, or egregious conduct by a supervisor often settle in the mid to high six figures or more. Mediation is common, and the California sexual harassment mediation process often occurs after initial discovery but before trial. Many disputes also funnel into arbitration due to employment agreements. Sexual harassment arbitration California proceedings are private, faster, and sometimes less predictable than court, which can influence strategy.
Inside organizations, corrective action should address both the individual and the system. That could include discipline up to termination, revising reporting lines, refreshing training with real examples, and auditing hotspots like understaffed night shifts or isolated worksites.
Employer responsibility and prevention in real terms
For employers, prevention is cheaper and safer than remediation. I encourage these habits:
- Make reporting safe and simple. Offer at least three independent channels: direct to HR, a designated email monitored by multiple professionals, and a hotline managed by a third party. Publicize them regularly and in multiple languages. Train supervisors like it matters. California AB 1825 sexual harassment training and SB 1343 requirements set minimums, but go deeper. Teach supervisors how to respond in the moment, how to avoid minimizing or promising outcomes, and how to escalate immediately. Respond quickly and visibly. Acknowledge complaints within 24 to 48 hours, explain next steps, and check on safety. Interim measures should not disadvantage the complainant. Track patterns. Look for clusters of reports near one manager, on certain shifts, or in specific job sites. Patterns often reveal training gaps or cultural problems. Hold people accountable. A repeat offender who receives only coaching sends the wrong message. Progressive discipline is fine, but it must progress when behavior does not change.
If you experience harassment: practical first steps
If you are dealing with sexual harassment at work California law prohibits, clarity helps. These steps protect both safety and your rights:
- Tell the person to stop, if it is safe to do so. A clear statement shuts down the “I did not know it was unwelcome” defense. If direct confrontation is not safe, skip this step. Document specifics. Capture screenshots, save messages, and note dates, times, witnesses, and locations. Email yourself from a personal account for a timestamped record. Report through at least one channel. Use your employer’s policy, but also consider an email to HR that recaps what happened. If you have reason to fear retaliation, or if the harasser is HR or a senior leader, consult an outside resource right away. Seek support. Talk to a trusted colleague, union representative, or a California sexual harassment attorney. Early legal advice can prevent unforced errors, especially around deadlines. Consider filing with the CRD. Reporting sexual harassment California cases to the Civil Rights Department preserves your rights and often spurs action. If you need speed, request an immediate right-to-sue notice.
These steps are not mandatory checklists, and safety always comes first. If there was a sexual assault, contact law enforcement if you choose, seek medical attention, and consider a protective order. Workplace remedies can proceed in parallel.
Edge cases that trip people up
Mutual flirtation that becomes unwelcome. Consensual banter can turn into harassment when one person says stop and the other keeps going. Do not let earlier flirtation be used to excuse later misconduct. Under FEHA, the touchstone is whether the conduct is unwelcome now.
“Off-duty” messages between coworkers. Even after-hours texts can create a hostile work environment if they spill into the workplace or involve power dynamics. Employers have a duty to address this behavior when it relates to work.
Small employers. FEHA applies to employers with one or more employees for harassment claims. Do not assume size is a defense. Family businesses and startups face the same standard.
Same-sex harassment. California law protects against harassment regardless of the sex or gender of the people involved. Courts focus on conduct, not labels.
Jokes and cultural differences. Intent is secondary. If conduct targets sex or related characteristics and causes hostility, it can be actionable even if framed as humor or justified by culture.
When to involve counsel, and what to expect
If you are weighing a sexual harassment lawsuit California permits, talk to a lawyer early. Many attorneys offer free consultations and contingency fee arrangements. An experienced sexual harassment lawyer California employees hire will evaluate the facts, collect evidence, navigate the CRD filing, and protect against retaliation. For employers, counsel helps structure investigations, evaluate risk, and design remedies that work.
The typical California sexual harassment case timeline runs six months to two years from complaint to resolution. Administrative filing, investigation or right-to-sue, written discovery, depositions, mediation, and either settlement, arbitration, or trial follow. The pace depends on the forum, the complexity of facts, and the parties’ appetite for litigation.
Short reference: reporting channels and deadlines
- Internally: HR, any supervisor, or designated reporting tools. Ask for written acknowledgment of your report. Externally: California Civil Rights Department for FEHA claims, EEOC for federal claims. If you file with CRD in time, the federal claim is typically preserved by dual filing. Filing deadline: generally three years from the last act to file with CRD, then usually one year from right-to-sue to file in court. Do not rely on this summary if your situation involves minors, ongoing assaults, or delayed discovery. Get legal advice.
Why clarity on standards helps everyone
Clear standards protect employees from abuse and help employers sustain productive teams. California’s framework is not a trap to punish imperfect workplaces. It is a set of guardrails: write a real policy, train people, take reports seriously, investigate promptly, and fix problems. Most companies that do these things reduce risk and improve culture. Most employees who know their rights can set boundaries early, and if needed, use the complaint processes without losing their livelihood.
The law is only part of the story. What happens in the first few days after a report shapes the outcome more than anything else. A manager who listens, a timely investigation, and a visible, fair response often stop harassment in its tracks. When that fails, FEHA, the CRD, and the courts are designed to step in, compensate harm, and reset the standard.
If you are unsure whether your experience meets the threshold for hostile work environment California recognizes, talk to someone who knows the terrain. Describe the specific conduct, frequency, and impact on your work. A short conversation can spare months of uncertainty and put you on the right path, whether that is a simple fix inside your company or a formal sexual harassment claim California law supports.