Which California Law Protects Workers from Sexual Harassment?

In California, the Fair Employment and Housing Act (FEHA) protects workers from sexual harassment. This is one of the most comprehensive anti-discrimination and harassment laws in the country. 

California Government Code §§ 12900–12996 of FEHA makes it illegal for employers, supervisors, or co-workers to harass someone because of their sex, gender, gender identity, or sexual orientation. This includes not only unwelcome sexual advances, but also any behavior that creates a hostile work environment. 

Under this law, every employee has the right to a safe and respectful workplace. 

Understanding California’s Sexual Harassment Law (FEHA) 

The California Fair Employment and Housing Act (FEHA) is broader and provides more protection than the federal law, Title VII of the Civil Rights Act of 1964. Title VII applies to employers with fifteen or more employees, and does not cover independent contractors, whereas FEHA applies to businesses with five or more employees. For harassment claims, FEHA protects all employees, including independent contractors, no matter the company’s size. 

Under FEHA, sexual harassment can take two primary forms: 

1. Quid Pro Quo Harassment: When employment benefits are conditioned on sexual favors or compliance with unwelcome sexual advances. This includes promotions, raises, or continued employment. 
   
2. Hostile Work Environment: When unwelcome sexual behavior, comments, or conduct create an intimidating, hostile, or offensive work environment that interferes with an employee’s ability to perform their job. 

Importantly, FEHA recognizes that harassment can come from anyone in the workplace. This includes supervisors, co-workers, clients, or even third parties. Employers can still be held responsible if they fail to prevent or address the behavior, even if they are not directly involved. 

Examples of Sexual Harassment in the Workplace 

California law defines sexual harassment broadly. Common examples include: 

• Unwanted sexual advances, touching, or groping 
• Lewd jokes, sexual comments, or innuendos 
• Sharing explicit images or messages 
• Displaying sexually suggestive materials in the workplace 
• Repeatedly asking someone out after they’ve declined 
• Retaliating against someone for rejecting advances or reporting harassment 
  

Even if the conduct seems “minor” or occurs outside of work, it may still qualify as workplace sexual harassment. This includes texts or social media messages. 

Employer Responsibilities Under California Law 

FEHA places affirmative obligations on employers to prevent and correct sexual harassment. Employers must: 

• Maintain a written anti-harassment policy distributed to all employees. 
• Provide regular sexual harassment prevention training to supervisors (at least two hours every two years) and to all other employees (at least one hour every two years). 
• Promptly investigate complaints of harassment and take appropriate corrective action. 
• Protect employees who report harassment or participate in an investigation from retaliation 

How to File a Sexual Harassment Complaint in California 

Workers who believe they’ve experienced sexual harassment have multiple options for pursuing justice. 

1. Internal Reporting: 
   Employees should first report the behavior to a supervisor, HR department, or designated company contact as outlined in the company’s policy. Document all incidents and communications. 
   
2. File a Complaint with the Civil Rights Department (CRD): 
   Formerly known as the Department of Fair Employment and Housing (DFEH), the California Civil Rights Department (CRD) is the state agency that enforces FEHA. Complaints must generally be filed within three years of the most recent incident of harassment. 
   
3. Obtaining a Right-to-Sue Notice: 
   After filing with the CRD, employees may request a Right-to-Sue Notice. This allows them to file a civil lawsuit against the employer directly in court. 

Legal representation can help ensure that all deadlines are met and that the case is handled effectively. This is especially important when seeking compensation for emotional distress, lost wages, or other damages. 

Sexual Harassment Penalties in California 

Sexual harassment penalties in California vary depending on the circumstances. They can include significant financial and professional consequences for both individuals and employers. 

• For Employers: 
  
• Liability for back pay, lost wages, and benefits 
• Damages for emotional distress and punitive damages 
• Civil penalties assessed by the CRD 
• Court orders requiring policy changes or additional training 
• Reinstatement of terminated employees 
  
• For Individuals (Supervisors, Co-workers, or Harassers): 
  
• Personal liability under FEHA (unlike Title VII, which limits liability to employers) 
• Potential disciplinary action, termination, or reputational damage 
• In severe cases involving physical assault or stalking, criminal charges may also apply 

The courts take these matters seriously, especially if an employer ignored complaints or failed to act on known problems. 

Why California’s Protections Are Stronger Than Federal Law 

California has consistently led the nation in strengthening workplace protections against harassment. Some key differences between FEHA and federal law include: 

• Broader coverage: FEHA covers smaller companies and independent contractors. 
• Longer filing deadlines: California gives victims up to three years to file with the CRD (compared to 180 or 300 days under federal law). 
• Stronger training and prevention requirements. 
• Personal liability for harassers. 
  
  

These distinctions make California one of the most employee-friendly states for those facing sexual harassment in the workplace. 

Protecting Your Rights 

If you have faced sexual harassment at work, remember that California law protects you. You are not alone. Speaking up can be difficult, but FEHA ensures that workers have the right to a respectful, harassment-free environment. 

An experienced harassment attorney can help you: 

• Evaluate your case 
• File the appropriate complaints 
• Negotiate with your employer 
• Pursue compensation and justice in court if necessary 
  
  

Taking action protects your own rights and can also help prevent future workplace harassment. 

The California Fair Employment and Housing Act is the cornerstone of workplace protection against sexual harassment. Understanding your rights and sexual harassment penalties is the first step toward ensuring safe workplaces in California. 

Note: The above article does not constitute legal advice.