What to Do if You’re Sexually Harassed at Work: Legal Steps & Rights Under California Law

How Does California Ensure Employees Are Protected From Sexual Harassment at Work?

California has some of the strongest workplace harassment protections in the country, giving employees clear rights and multiple pathways to report misconduct safely. Under the Fair Employment and Housing Act (FEHA), employers are required to take all reasonable steps to prevent and correct harassment, provide training, investigate complaints promptly, and protect employees from retaliation.

If you’re facing sexual harassment at work in California, these laws are designed to safeguard you, not your employer, and ensure you have options.

Below, we’ll break down the steps to take right away, how to report harassment effectively, and how California’s legal protections work in your favor if your employer fails to act.

Steps to Take If You're Sexually Harassed at Work 

Step 1: Recognize and Define Sexual Harassment 

Sexual harassment in the workplace can take many forms, and not all of them are obvious. Federal law, under Title VII of the Civil Rights Act of 1964, prohibits unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 

• It affects your employment (e.g., being promised a promotion in exchange for sexual favors). 
• It creates a hostile, intimidating, or offensive work environment. 
• It interferes with your ability to do your job. 
  
  

Examples include: 

• Inappropriate jokes or comments. 
• Unwanted touching or physical advances. 
• Repeated sexual remarks, texts, or emails. 
• Retaliation after rejecting advances. 
  
  

This behavior is not harmless or “just a misunderstanding” - it qualifies as harassment and a violation of your rights. 

Step 2: Document the Harassment Immediately 

Before you file a report, gather evidence. Documentation is critical in employment law because it provides a clear record of what happened. 

• Write it down: Record dates, times, locations, and descriptions of the harassment. Include direct quotes if possible. 
• Save communications: Keep texts, emails, chat messages, or notes from the harasser. 
• Identify witnesses: If others saw or heard the behavior, note their names. 
• Preserve physical evidence: Anything tangible, like gifts, notes, or pictures, should be kept. 
  
  

This documentation strengthens your case whether you’re reporting internally or to a government agency. 

Step 3: Review Company Policies 

Most employers have policies outlining how to report sexual harassment at work. These policies are usually detailed in your employee handbook, code of conduct, or posted in break rooms. 

 
Look for: 

• The designated person or department to report to (often HR or a compliance officer). 
• The workplace process for submitting your report in writing.   
• The steps your employer is required to take once you file a complaint. 

Familiarizing yourself with these policies helps you follow the correct process and prevents your employer from dismissing your claim due to “improper reporting.” 

Step 4: Report the Harassment Internally 

Once you’ve gathered documentation, the next step is to formally report it. Here’s how to report sexual harassment at work: 

1. Follow the chain of command: Start with your immediate supervisor unless they are the harasser. If so, report directly to HR or another designated authority. 
2. Submit in writing: While you can start with a verbal report, a written complaint creates a paper trail. Be clear, factual, and specific.
3. Keep copies: Retain a copy of your complaint and any correspondence with HR or management. 
   
   

Employers must legally investigate your complaint and take corrective action if harassment occurs. 

Step 5: Know Your Legal Rights 

If your employer ignores your complaint, retaliates against you, or fails to stop the harassment, you have legal options. 

• File with the EEOC: The Equal Employment Opportunity Commission handles federal workplace harassment claims. The default filing deadline is 180 days from the last incident, however this is extended to 300 days in California. 
• State agencies: California employees can file a complaint with agencies like the California Civil Rights Department. 
• Hire an attorney: An employment lawyer can guide you through the process, seek compensation for retaliation, and represent you if you choose to pursue a lawsuit. 

Importantly, the law also protects you from retaliation. Your employer cannot legally demote, fire, or discipline you for reporting harassment. 

Step 6: Seek Support

Beyond the legal steps, addressing sexual harassment is also about caring for your mental and emotional health. 

• Talk to someone you trust: Confide in a friend, family member, or counselor. 
• Use employee assistance programs (EAPs): If available, they may offer confidential counseling. 
• Join support groups: Many organizations provide safe spaces to connect with others who have gone through similar experiences. 

Your well-being matters as much as the legal outcome. 

What Not to Do 

• Don’t ignore the harassment: Hoping it will stop often emboldens the harasser. 
• Don’t retaliate: Responding with hostility could harm your credibility. 
• Don’t resign right away: Quitting may feel like the easiest way out, but it can complicate legal claims. Always seek legal advice before taking serious action. 
  
  

No one should have to endure sexual harassment at work. It’s important to protect yourself by knowing your legal rights. If it does happen, remember: document everything and follow reporting procedures. Whether your case is resolved internally or requires legal action, you do not have to face it alone. 

If you’re currently dealing with harassment, speaking with an experienced employment attorney can help you navigate the process and protect your rights. 

Note: The above article does not constitute legal advice. 

Frequently Asked Questions

1. What are my rights under California law if I’m sexually harassed at work?
California’s FEHA provides strong protections, including broader definitions of harassment and strict employer obligations to prevent and address it.

2. How long do I have to file a sexual harassment claim in California?
You generally have three years to file with the California Civil Rights Department (CRD), and 300 days to file with the EEOC.

3. What should I include in my written harassment complaint?
Include dates, details, witnesses, communications, and any evidence related to the harassment.

4. Can I be fired for reporting sexual harassment in California?
No. California law strictly prohibits employer retaliation for reporting harassment or participating in an investigation.

5. What should I do if my supervisor is the one harassing me?
If your supervisor is the harasser, you should still report the behavior. You can report it to HR, another manager, or your company’s designated compliance or ethics officer. In California, as well as under federal law, you are protected from retaliation when reporting harassment, even if it comes from a supervisor. It’s important to document all incidents and communications and keep copies of any relevant evidence. If internal reporting isn’t effective or you fear retaliation, you also have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the EEOC.

6. Do California employers have to train employees on sexual harassment?
Yes. California requires most employers to provide sexual harassment prevention training every 1–2 years.

7. What happens if my employer refuses to investigate my complaint?
You may be able to file a claim with the CRD or EEOC and pursue legal action with the help of an attorney.