What is Sexual Harassment?
California’s Fair Employment and Housing Act (FEHA) provides workers with protection against sexual harassment. Under the FEHA sexual harassment in the workplace is unwanted sexual advances or visual, verbal or physical conduct of a sexual nature by someone who has a professional relationship with the employee . The unwanted conduct can come from many different types of individuals in the workplace:
- Managers, bosses, or supervisors
- Coworkers
- Company owners
- Customers
- Vendors
- Clients
- Independent contractors
Under California law, there are two primary types of sexual harassment.
- Quid pro quo sexual harassment
– Someone, often a person in a supervisory or position of authority over the employee solicits sexual favors in return for the victim receiving workplace benefits.
- Hostile work environment – The unwanted sexual conduct, comments, or advances are severe or pervasive enough to negatively affect the work environment, increasing the stress level and making the victim very uncomfortable or worse.
Sometimes the victim can claim both types of sexual harassment. The key is that the behavior was unwelcome. Sometimes this is not easy to prove, but a sexual harassment attorney can help.
What Should You Do if You Are a Victim of Sexual Harassment?
Your employer has a legal responsibility to provide a workplace that is safe and free from sexual harassment. In the event there is an incident, they are required to act immediately and appropriately to correct the situation.
- The first step is to read your employer’s sexual harassment policy. They are legally required to have a policy on sexual harassment that defines it and provides the process that employees must follow to make a report.
- Follow your employer’s procedures and report sexual harassment as soon as you can. You may be able to report verbally, but it is always a good idea to report it in writing. At the very least, follow up a verbal report with a written one. Be as detailed as possible in your report, including dates, times, exactly what was said or done, and the names of any witnesses who saw it or anyone you told about it.
- If you submit your report via email, make sure you request a delivery and read receipt, and keep them for your records along with your initial complaint. You should also save any communication that you receive from anyone regarding your complaint.
- If you file a complaint with your employer and no action is taken you may want to file a complaint with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. It is worth noting that if your employer does not take action and you are left to make a complaint with either of these organizations, your employer may be held liable and you may be able to sue them for damages.
How Can a Sexual Harassment Lawyer Help?
A sexual harassment lawyer in California can help you navigate the complex system to get the justice you deserve. They can file a civil lawsuit on your behalf and help ensure that if you choose to file a complaint with one of the organizations you do so within the statute of limitations. Depending on the organization, you can have up to three years to file.
Your attorney can help you file the right paperwork and maintain documentation of your case. They will be there to support you and help you, especially if the complaint is contested.
Most importantly, an experienced sexual harassment lawyer will serve as YOUR advocate. These experiences can put a toll on your emotional and mental health and well-being. Re-living the trauma can be overwhelming, so having an advocate you can rely on is important to the success of your case.
If you experienced sexual harassment, the Lawyers for Employee and Consumer Rights can help.
Call us today for a free and confidential consultation to get the help you need and deserve.
Frequently Asked Questions
1. How do I know if behavior at work legally qualifies as sexual harassment in California?
If conduct of a sexual nature is unwelcome and either tied to job benefits (quid pro quo) or severe or pervasive enough to create a hostile work environment, it may qualify as sexual harassment under California law. You do not need to tolerate repeated behavior for it to be unlawful; serious single incidents can also meet the legal standard.
2. Does sexual harassment only count if it comes from a supervisor or manager?
No. In California, sexual harassment can come from supervisors, coworkers, company owners, clients, customers, vendors, or independent contractors. Employers may still be held responsible if they knew, or should have known, about the harassment and failed to take appropriate action.
3. What if I’m afraid of retaliation for reporting sexual harassment in California?
California law strictly prohibits retaliation against employees who report harassment, participate in an investigation, or support a coworker’s complaint. If your employer punishes you for speaking up, through termination, demotion, reduced hours, or hostility, that retaliation may form the basis of a separate legal claim.
4. Should I report sexual harassment even if I’m unsure it will be taken seriously?
Yes. Reporting harassment creates a formal record and triggers your employer’s legal obligation to investigate and address the issue. Even if you are uncertain how management will respond, documenting and reporting the conduct can protect your rights and strengthen your legal options later.
5. What evidence should I keep if I’m experiencing sexual harassment at work?
Employees should document incidents in detail, including dates, times, locations, what was said or done, and who witnessed the behavior. Save emails, text messages, voicemails, or other communications related to the harassment or your complaint. This documentation can be critical if legal action becomes necessary.
6. Do I have to go through my employer or a government agency before speaking with a California employment lawyer?
No. You can consult a sexual harassment lawyer at any time, even before reporting internally or filing a complaint with the state or federal agencies. An attorney can help you understand your rights, assess your options, and avoid mistakes that could affect your case.
7. How long do I have to take legal action for sexual harassment in California?
In many cases, employees have up to three years to file a complaint, but deadlines can vary depending on the circumstances and the agency involved. Speaking with an attorney as early as possible helps ensure deadlines are met and preserves your ability to pursue compensation or other remedies.
