California law gives employees strong tools to address sexual harassment, but those tools only work if you know how to use them. I have guided employees, managers, and HR teams through hundreds of workplace harassment matters across the state. The mechanics differ between a small café in Fresno and a global tech company in San Francisco, yet the legal backbone is the same: California’s Fair Employment and Housing Act, known as FEHA, enforced by the Civil Rights Department, and federal protections enforced by the EEOC. The process is manageable if you break it into concrete steps and understand where judgment calls arise.
What California Law Calls Sexual Harassment
FEHA’s sexual harassment definition is broader than many expect. It covers verbal sexual harassment in California, physical sexual harassment, visual or written conduct, and electronic harassment via email, chat, or text. It includes unwelcome sexual advances, requests for sexual favors, and conduct based on sex, gender, gender identity, gender expression, sexual orientation, pregnancy, childbirth, or related medical conditions. The target does not need to be the direct recipient; a hostile work environment in California can affect anyone exposed to the conduct.
There are two classic legal categories. Quid pro quo harassment in California occurs when a supervisor links job benefits or avoiding adverse action to sexual cooperation. Hostile work environment California claims arise when conduct is severe or pervasive enough to change the conditions of employment, judged from both a reasonable person’s perspective and your own. One crude comment may not be enough, but a series of lewd jokes, groping, or explicit messages can easily qualify. A single physical assault or explicit threat can be severe on its own.
California workplace harassment laws go further than federal law in key ways. They protect employees, applicants, unpaid interns, volunteers, and independent contractors in many situations. They also impose employer liability for sexual harassment in California when a supervisor harasses an employee, even if the company was unaware. For harassment by a coworker or third party, the employer is liable if it knew or should have known and failed to act. That “should have known” standard matters in real life, because complainants often tell a lead, a shift manager, or HR informally before anything is written down.
Why reporting internally still matters
Technically, you can go straight to the Civil Rights Department or EEOC without telling your company, and sometimes you should. But most sexual harassment investigations in California start in-house, and juries expect to see that you gave your employer a chance to fix it unless doing so would be unsafe or futile. Under FEHA sexual harassment rules, employers must take reasonable steps to prevent and correct harassment, including clear complaint channels, prompt investigations, and appropriate corrective action. When you use the complaint mechanism, you strengthen a later sexual harassment claim in California by showing you followed policy.
I have seen small missteps cost people leverage. Reporting to the wrong manager, not preserving texts, or venting on social media before HR hears from you can complicate the record. A calm, precise internal complaint protects both your safety and your credibility.
What is considered evidence
Sexual harassment evidence in California does not need to be perfect. Patterns and corroboration carry weight. Save texts, DMs, emails, calendar invites, Slack or Teams screenshots, voicemails, photos of notes or physical postings, and any HR policy documents. Keep a dated journal that captures who, what, where, when, and how you responded. If others witnessed incidents, record their names and contact information. Preserve schedules or timesheets that place people together. If there were medical visits or therapy sessions, retain those records as well, since damages often include emotional distress and, sometimes, medical costs.
California is a two-party consent state for audio recording. Do not secretly record conversations without informed consent. Courts can exclude illegal recordings and, worse, you could face separate liability. If you want an audio record, get written or recorded consent from the participants.
The internal complaint route
Start by finding the sexual harassment policy. California sexual harassment policy requirements call for a written policy distributed in English and other languages as needed. It should identify multiple reporting paths, not just your direct boss, and should include HR contacts or a hotline. If your direct supervisor is the problem, you can go to HR, another manager, or the designated complaint channel.
When filing, stick to facts, not character judgments. Identify dates, locations, witnesses, and the specific conduct. Include screenshots or attachments. If your company uses an online portal, submit through it and download a copy. If you email HR, use a subject line that flags the legal issue clearly, such as “Formal complaint of sexual harassment under FEHA.” Ask for acknowledgment of receipt and an expected timeline for a sexual harassment investigation in California, which should be prompt and impartial.
During the investigation, you have the right to be heard, to share evidence, and to identify witnesses. The employer must keep your complaint as confidential as possible and must protect you from retaliation. California sexual harassment retaliation protections are strong. Retaliation includes demotion, cut shifts, worse assignments, exclusion from meetings, and hostility after you report. Document any change in treatment from the moment you complain. Where an employer uses a neutral reason for a negative action, timing and departures from normal procedure often tell the real story.
California requires supervisors to receive AB 1825 harassment training, expanded by SB 1343 to cover more employers and include non-supervisory training. If your manager seems unfamiliar with how to handle complaints, ask HR who is assigned to investigate and whether that person has training and no conflict of interest. In small workplaces, consider suggesting an external investigator to avoid bias.
If the results do not fix the situation or you lose faith in the process, move to the administrative route.
The administrative complaint: CRD and EEOC
California’s Civil Rights Department enforces FEHA and usually provides faster, more expansive relief than federal law. The EEOC enforces federal law. In most sexual harassment at work California cases, I start with CRD because California workplace sexual harassment laws offer broader coverage and often better remedies, but you can cross-file with the EEOC so your rights are preserved under both systems.
The process is straightforward. You can file online with the California Civil Rights Department sexual harassment portal, by mail, or by phone. You describe your situation in plain language, attach evidence, and indicate the employer’s information and the people involved. CRD reviews the intake, may ask for more detail, then decides whether to investigate or issue a right-to-sue notice. Many people request an immediate right-to-sue when they already intend to file a sexual harassment lawsuit in California court. Others ask CRD to investigate or attempt mediation.
The EEOC path is similar, starting with an online inquiry, then an interview and a formal charge. If you start with the EEOC, ask for cross-filing with CRD. If you start with CRD, you can request cross-filing with the EEOC. Either route preserves your federal and state claims as long as you meet deadlines.
Deadlines: getting the statute right
California sexual harassment statute of limitations rules changed in recent years. For FEHA claims, employees generally have three years from the alleged unlawful practice to file with the Civil Rights Department. After CRD issues a right-to-sue notice, you typically have one year to file in court. For federal EEOC claims, the time limit is often 300 days in California, but the safest practice is to confirm dates with counsel because exceptions and tolling can apply.
There are nuances. If harassment is ongoing, the “continuing violation” doctrine can pull earlier acts into the claim if at least one occurred within the filing period. For government employees and certain public entities, there can be separate claim procedures and shorter deadlines. If you were a minor at the time or incapacitated, different rules may apply. When in doubt, calculate from the earliest and latest incidents, then file sooner rather than later.
Step-by-step: a practical sequence that works
- Make a concise timeline. Write down the core events, with dates, locations, witnesses, and any documents or messages tied to each event. Include the impact on your work and mental health. Preserve evidence. Save digital messages and files. Photograph physical evidence. Back up your journal entries. Do not delete emails or chats that show context, even if they are awkward. Report internally through a policy channel, unless unsafe. Use email or a portal that creates a record. Ask for confirmation and a projected timeframe for the investigation. Seek medical or counseling support if needed. If you experience anxiety, insomnia, or other symptoms, document treatment. It supports damages and helps you recover. File with CRD, requesting investigation, mediation, or a right-to-sue. Consider cross-filing with the EEOC. Confirm you met the filing deadline, then track all correspondence.
That flow covers most scenarios. If your supervisor is the harasser and the company seems unresponsive, shorten the internal step and move quickly to CRD. If the employer takes immediate corrective action, you may resolve the issue without administrative filing, yet you should still preserve evidence in case retaliation appears later.
What happens during the investigation
A compliant investigation is timely, thorough, and impartial. Employers must interview you, the accused, and relevant witnesses, and must review communications and access logs where relevant. They must reach reasoned findings, not vague statements about “miscommunication.” The conclusions should be based on a preponderance of the evidence standard. Remedial actions can range from training and counseling to discipline or termination of the harasser, relocation, schedule changes, or separation measures that do not penalize you.
If you disagree with the findings, ask for the basis. You can request a written summary, https://holdenmsbg028.image-perth.org/california-sexual-harassment-multi-location-employers-and-consistent-policies which many employers will provide. If your employer fails to act, downplays the conduct, or punishes you instead, that strengthens the claim. Reporting sexual harassment in California is protected activity. If your hours are cut a week after the complaint with no business justification, point out the timing in writing and elevate the issue to a higher leader or legal counsel.
When CRD investigates, it may request employer records, interview employees, and propose mediation. Many cases resolve in mediation with policy changes and monetary relief. If CRD finds cause and the case does not settle, it can litigate or issue a right-to-sue. Some employees prefer an immediate right-to-sue to move directly into court with a California sexual harassment attorney who can shape discovery.
Remedies and damages
Sexual harassment damages in California can include lost wages, lost benefits, emotional distress, and sometimes punitive damages if the conduct was malicious or oppressive. Prevailing employees under FEHA can recover attorney’s fees and costs. In settlements, non-monetary terms often matter just as much: neutral job references, policy changes, supervisor training, non-disparagement that is compliant with California restrictions, and a commitment to monitor the workplace for recurrence.
California sexual harassment settlements vary widely. I have seen small cases resolve for under five figures and egregious cases with documented retaliation, constructive dismissal, or assault reach high six or seven figures. Factors include the strength of evidence, credibility, the employer’s response, the severity and duration of harm, and the venue. Trials are uncertain, which is why many cases settle before verdict. Still, a strong record increases your recovery whether you settle or try the case.
When quitting becomes unavoidable
Some workplaces become untenable. California recognizes constructive dismissal when working conditions become so intolerable that a reasonable person would feel forced to resign. If you are considering resigning due to sexual harassment, speak with counsel first if possible. Before you leave, write a final email summarizing unresolved issues and the company’s failure to correct them. Return property properly and request your personnel file and wage records. Keep copies of performance reviews and commendations that show you were doing your job, which counter any claim you left because of poor performance.
Supervisors, coworkers, and third parties
Employer responsibility for sexual harassment in California shifts with who is doing the harassing. If it is a supervisor, liability is generally automatic, and the employer’s best defense is to limit damages by showing prompt correction. If it is a coworker, the employer is liable if it knew or should have known and did not act. If it is a client or vendor, California’s third party sexual harassment California standards still require the employer to protect you, for example by moving you off the account, restricting the third party, or ending the contract if necessary. Document each report and the company’s response. Timelines matter because they show whether the employer moved quickly.
Training and prevention duties
California workplace sexual harassment laws require training. Under California AB 1825 sexual harassment training and SB 1343 harassment training, employers of five or more employees must provide supervisory and non-supervisory training at regular intervals and within defined timeframes for new hires and new supervisors. The training must include practical examples of harassment, retaliation, and bystander intervention. Lack of training does not automatically prove harassment occurred, but it undermines the employer’s defenses and can influence settlement value. Ask HR when your team last completed training and request materials if you missed it. An employer that cannot produce records of training is signaling a compliance gap.
Independent contractors and small workplaces
Independent contractor sexual harassment California protections exist under FEHA even when the person is not a W-2 employee. Contractors can file with CRD and seek relief. For very small employers, FEHA’s anti-harassment provisions often still apply even if other discrimination provisions might not, because California treats harassment differently from other employment claims due to its personal nature. If you are unsure whether FEHA covers your situation, file anyway. CRD will assess jurisdiction and guide you to alternate remedies if needed.
Arbitration and confidentiality clauses
Some employees signed arbitration agreements. California law on sexual harassment arbitration California has evolved, limiting mandatory arbitration in certain cases, yet federal preemption remains a moving target. Even if arbitration is required, FEHA rights remain, and arbitrators can award the same remedies. Confidentiality clauses restricting you from disclosing facts related to sexual harassment are tightly limited in California; you generally retain the right to speak about facts of harassment, even after settlement, though amounts and certain terms can be confidential. If HR cites a policy that seems to gag you from reporting, flag that to CRD or your lawyer.
Choosing a lawyer and when to call one
A California sexual harassment lawyer can sharpen your strategy, protect deadlines, and maximize recovery. The right time to call is any of these points: before you file internally when the harassment is severe, after a poor investigation result, when retaliation starts, or when you are considering a right-to-sue and litigation. Many California sexual harassment attorneys work on contingency, meaning no fee unless there is a recovery. Bring your timeline, evidence, and copies of company policies to the first meeting. Ask about the California sexual harassment case timeline and strategy, including whether to pursue mediation early through CRD, or to proceed to court where discovery tools are stronger.
Workplace culture and whistleblower protections
California sexual harassment whistleblower protection intersects with anti-retaliation laws. Reporting harassment can also be protected whistleblowing in some settings, for example when you report legal violations to a government agency. If you are punished for cooperating with a sexual harassment investigation, even as a witness, you may have independent retaliation claims. A healthy workplace treats bystanders as part of the solution, not as troublemakers. If your organization punishes people who report or cooperate, that culture itself can become evidence in a case.
Wrongful termination and constructive discharge
When a termination follows close on the heels of a complaint, employers often cite performance, restructuring, or “fit.” The law looks at pre-complaint performance records, timing, comparative treatment, and procedural irregularities. Wrongful termination sexual harassment California claims often include both retaliation and wrongful termination in violation of public policy. Juries look for temporal proximity and shifting explanations. If your employer’s story changes as you press for answers, save each version. Those inconsistencies are gold in litigation.
Mediation and negotiation strategies
Mediation can resolve cases efficiently. California sexual harassment mediation through CRD or private mediators allows for creative solutions: tailored training, manager reassignment, structured reference letters, or job placement assistance. Come in with a damages model, not just a number. Base it on lost wages to date, projected future loss if your career path is off track, emotional distress supported by medical notes when available, and legal fees. Factor in risk, litigation timelines, and personal bandwidth. A pragmatic settlement that lets you rebuild can be worth more than a distant verdict.
Case timelines and expectations
California sexual harassment case timeline estimates vary. An internal investigation might take 2 to 8 weeks, depending on complexity. CRD intake review can take a few weeks, investigations several months, and mediation can occur at any stage. A lawsuit may take 12 to 24 months to reach trial, longer in crowded courts. If you need faster resolution, consider early mediation, but do not rush before you have collected the key evidence that strengthens your position.
A brief word for managers and HR
If you lead a team in California, your job is prevention first, intervention fast, and documentation always. Train supervisors to recognize and escalate. Offer multiple, accessible complaint channels. Move the complainant out of harm’s way without cutting pay or status. Do not promise confidentiality you cannot deliver, but promise and provide protection against retaliation. Investigate with an open mind and a written plan. When evidence supports action, act decisively. Your response can prevent harm and protect the company under California workplace harassment laws.
Edge cases worth calling out
- Remote work and digital platforms. Sexual harassment California claims often arise in Slack, Teams, and text threads. Preserve admin logs and channel histories. Remind staff that off-hours chat is still a workplace when work matters are discussed. Small-business informality. Family businesses and startups often lack formal HR. FEHA still applies. Designate an external HR consultant or employment lawyer as a complaint channel to avoid conflicts. Third shift and field sites. After-hours and off-site environments increase risk. Employers must extend protections to vendors and clients as needed, including removing abusive third parties or reassigning routes without cutting the complainant’s pay. Mixed claims. Harassment often overlaps with discrimination or wage issues. For example, cutting shifts after a complaint can violate retaliation and wage laws if it dips below guaranteed hours or avoids overtime. Bundle claims strategically.
The bottom line: clear, prompt action is your best leverage
You do not need to be perfect to be protected. You need to be timely, factual, and consistent. California fair employment and housing act sexual harassment law gives you the framework, and the California Civil Rights Department provides a path, whether you want investigation, mediation, or a right-to-sue. Employers have serious responsibilities under California workplace sexual harassment laws, from training to policy to enforcement. Use those duties to your advantage by creating a record they must answer.
If you feel unsafe or your job is at risk, get counsel involved early. Whether you resolve the problem internally, through CRD, or in court, a clear timeline, preserved evidence, and an understanding of filing deadlines will carry you through.
Below is a compact reference that reflects the practical order most Californians follow:
- Assess and preserve. Capture evidence, list events by date, identify witnesses, and note impacts on your work and health. Report and protect. Use an internal channel if safe, ask for acknowledgment and a timeline, and document any retaliation immediately. File and follow through. Submit to the Civil Rights Department, consider cross-filing with the EEOC, explore mediation, or request a right-to-sue with a plan for litigation.
With those steps, you move from uncertainty to action, and from action to accountability.