Sexual harassment on the job rarely looks like a single shocking incident. More often it builds in small moments that add up: a manager’s “jokes” that keep crossing lines, a client who won’t stop texting after hours, a coworker who comments on your body each time you walk by. California law recognizes how these patterns work, and it gives you multiple paths to report harassment and force change. Those paths can be confusing if you are already under stress. This guide explains your options with practical detail, from talking to HR to filing with California’s Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), and how each choice affects your rights.
What sexual harassment means under California law
California has one of the strongest legal frameworks in the country. The California Fair Employment and Housing Act (FEHA) prohibits harassment based on sex, gender, gender identity, gender expression, sexual orientation, pregnancy, and related conditions. FEHA’s sexual harassment definition covers two main categories that courts and agencies recognize:
Quid pro quo harassment is the classic scenario where job benefits hinge on sexual conduct, or threats hang over your refusal. A supervisor implying a better schedule if you go on a date falls here, as does a manager suggesting your probation period will be extended if you reject their advances.
Hostile work environment harassment is broader. It covers verbal sexual harassment, physical sexual harassment, unwanted advances at work, suggestive messages, lewd images, or repeated comments that create an intimidating, offensive, or abusive environment. The conduct must be severe or pervasive enough that a reasonable person would find it hostile, and you personally did find it hostile. In California, a single incident can be severe enough if it involves assault or similar gravity.
California workplace sexual harassment laws apply whether the harasser is a supervisor, a coworker, a subordinate, or even a third party, like a customer or vendor. Independent contractors are also protected under FEHA, which is a key difference from federal law. That means a freelancer harassed while working on-site can bring a California sexual harassment claim.
Why internal reporting still matters, even if you plan to go outside the company
Employees often ask whether they must complain to HR first. Under FEHA, you do not need to exhaust internal remedies before going to the CRD or EEOC. That said, reporting internally can improve your legal footing in several ways.
First, employer responsibility for sexual harassment in California changes based on who did what. If a supervisor harasses you, the employer is strictly liable under FEHA. They can still limit damages if they took reasonable steps to prevent and correct harassment and you unreasonably failed to use those measures. If a coworker or third party harasses you, the employer’s liability turns on whether it knew or should have known and failed to take corrective action. Reporting gives the company notice, which triggers a duty to act.
Second, retaliation is illegal. FEHA prohibits retaliation for reporting sexual harassment, participating in an investigation, or opposing conduct you reasonably believe is unlawful. When employees make timely complaints, they create a clear record of protected activity, which strengthens any later California sexual harassment retaliation or wrongful termination claim.
Third, early internal complaints sometimes solve the problem. The best outcome is harassment stops and you keep your job and reputation intact. Many companies are now trained on California sexual harassment policy requirements, including prompt, impartial investigations. Not all, of course, but enough to make internal reporting a useful first step in many cases.
How to report to HR or management without losing control of your story
If your employer has a written policy, follow it. California workplace harassment laws require employers to distribute an anti-harassment policy that explains how to complain, including options to bypass the direct supervisor. If the policy is missing or unclear, report to HR, another manager, or any person designated to receive complaints. You can also report to a union rep in unionized workplaces.
When reporting, write a concise account of what happened. Include dates, times, locations, names of witnesses, and any supporting documents or messages. If you are worried about escalation, send an email that states you are reporting harassment under the company’s policy and FEHA, and ask for a confirmation that your complaint is received and a timeline for next steps. Keep a copy outside your work account.
Investigations in California must be timely, fair, and thorough. “Timely” usually means starting within days, not weeks, unless there is a genuine scheduling issue. “Fair” means both sides are interviewed, witnesses are contacted, and credibility is assessed based on evidence, not seniority or popularity. If your company delays without explanation or discourages you from involving outside agencies, take that as a warning sign.
A short, real example from practice: a retail worker reported unwanted touching by a shift lead. HR initially suggested it was a misunderstanding and proposed “communication coaching.” The employee insisted on a formal investigation, cited the California Labor Code protections against retaliation, and copied the store’s hotline email. The investigation then moved swiftly, the shift lead was removed from her schedule pending the outcome, and the company installed a second manager on late shifts as a safeguard.
When to go to the California Civil Rights Department (CRD)
The CRD, formerly the DFEH, enforces FEHA sexual harassment protections. Filing there is often the most direct path because FEHA is broader than federal law. The CRD process offers two main tracks: you can ask the agency to investigate, or you can request an immediate Right-to-Sue notice to proceed straight to court.
Consider filing with the CRD if your harassment involves a small employer that still meets FEHA coverage (generally five or more employees for discrimination claims, but no minimum for harassment), if you are an independent contractor, or if you want to preserve state-law claims like emotional distress damages that may exceed federal caps.
How to file a sexual harassment complaint in California with the CRD is straightforward. You can file online, by mail, or with help from an attorney. The intake asks for your employer’s details, a description of the harassment, timing, witnesses, and whether you are facing ongoing retaliation. You can request investigations into both harassment and retaliation if both occurred.
Deadlines matter. The California sexual harassment statute of limitations for filing an administrative complaint with the CRD is generally three years from the last incident of harassment or retaliation. For minors, time limits can pause until adulthood. There are exceptions and nuances, especially when the conduct continues over time. If you are past the three-year window for an administrative filing, consult a California sexual harassment attorney immediately. Other deadlines, like those for breach of contract or tort claims, may still be available, and equitable tolling can sometimes apply.
The CRD can investigate, seek CRD-mediated settlements, and in some cases file a civil action on your behalf. Many investigations resolve with employer commitments like training, policy changes, or monetary compensation. California sexual harassment settlements through CRD mediation can include back pay, front pay, emotional distress damages, and policy reforms. Confidentiality provisions are limited by California law, which restricts nondisclosure of factual information about harassment in settlement agreements unless requested by the claimant.
How the EEOC fits in, and when dual filing helps
The EEOC enforces federal law, principally Title VII. Filing with the EEOC can be valuable if your case includes interstate employers or you anticipate federal claims. The EEOC offers an online intake system, interviews, and investigations. There are damage caps under federal law that do not exist under FEHA, so state claims often carry more value. Still, the EEOC’s systemic investigations can be powerful, especially when harassment flows from a widespread pattern.
California is a deferral state with a work-sharing agreement between the CRD and the EEOC. That means you can request dual filing so your case is preserved under both state and federal law without filing two separate complaints. If you file with the CRD and check the box for EEOC dual filing, the agencies coordinate to avoid duplication. This protects you if you later need to rely on federal claims, or if jurisdiction issues arise.
Federal filing deadlines are shorter if you go exclusively to https://www.employmentlawaid.org/about the EEOC, often 300 days from the last incident in California. Choosing dual filing through the CRD keeps both clocks safe in most cases, which is why many lawyers prefer it.
Evidence that moves cases, not just emotions
California sexual harassment investigation standards look for evidence that is credible and consistent. That does not mean you need a video. Solid cases often rest on cumulative proof: texts with suggestive content, emails with inappropriate jokes, Slack messages, calendar entries that put the harasser in the same place and time, or testimony from colleagues who witnessed changes in your schedule after you rejected advances. Write a contemporaneous log as incidents happen. Even a few lines per event carry weight when you can show dates and details.
If physical harassment occurred, see a doctor if you have injuries and save any medical records. If verbal harassment occurred, screenshots and saved voicemails are key. Resist the urge to record secretly without checking the law. California is a two-party consent state for audio recording. Illegally obtained recordings can backfire, although they can still prompt an employer to act even if they are not admissible in court. Ask counsel before recording.
Employees often overlook environment evidence in hostile work environment California cases, like posters, memes on shared dashboards, or public chat threads. If everyone laughed at a meme sexualizing a coworker, that is part of the hostile environment, even if no one touched you.
The investigation on the employer side: what to expect and what to demand
Under California workplace harassment laws, employers must take all reasonable steps to prevent harassment. That includes a clear policy, training that meets California AB 1825 sexual harassment training and SB 1343 harassment training requirements, multiple reporting channels, and a fair investigation when complaints arise.
You are entitled to a process that is prompt and impartial. If HR assigns an investigator who reports to the alleged harasser, you can object and request a neutral investigator or an outside firm. Ask for the scope of the investigation, the witnesses they plan to interview, and a target timeline. Provide your evidence in an organized packet. Identify corroborating witnesses by name and contact information, and mention anyone likely to minimize or lie so the investigator can weigh credibility.
You might not get full access to the final report due to privacy, but you can ask for a written outcome summary stating whether the company substantiated your claims and what corrective measures it will take. If the result is “unsubstantiated” but you believe material witnesses were ignored, write a response detailing the gaps and consider elevating to the CRD or EEOC.
Retaliation and constructive dismissal
Retaliation happens more often than it should. It can look like a sudden drop in hours, removal from key meetings, denial of overtime, exclusion from training, or harsh write-ups after a previously clean record. California sexual harassment retaliation claims rise or fall on timing and pretext. Keep your performance data and compare it to peers. If a manager says budget cuts forced your demotion, but only you were affected, that contradiction matters.
Constructive dismissal, also called constructive discharge, occurs when conditions become so intolerable that a reasonable person would feel forced to resign. In sexual harassment constructive dismissal cases, document each escalation and show your attempts to report and resolve the issues. Leaving without telling anyone can complicate damages. Many attorneys advise giving the employer a clear chance to fix the situation first, unless safety is at risk.
Damages, settlements, and the arc of a California case
A sexual harassment lawsuit in California can recover several categories of damages. Economic damages include lost wages and benefits. Non-economic damages cover emotional distress, which can be significant if evidence shows anxiety, depression, or PTSD symptoms. California law also allows punitive damages when the employer’s conduct is malicious or shows reckless indifference, and when officers, directors, or managing agents were involved or ratified the conduct.
California sexual harassment settlements vary widely. For a single incident with limited economic loss, figures in the low five figures are common. For cases with prolonged harassment, retaliation, and career impact, settlements can reach high six or seven figures, particularly when the employer failed to act or a supervisor was the harasser. Mediation, whether with a private mediator or through CRD channels, resolves the majority of cases. Arbitration clauses in some employment contracts may push claims into private arbitration. California law restricts forced arbitration in some contexts, but federal law has complicated those limits. An experienced sexual harassment lawyer in California can evaluate whether your claims must be arbitrated and how that affects leverage and confidentiality.
If you sue, expect a case timeline that runs 12 to 24 months in court, sometimes longer. CRD or EEOC investigations can add months on the front end, but they sometimes produce early settlements. Be realistic but firm about your goals. Non-monetary terms, like a neutral reference, training reforms, or removal of a manager, can be as important as dollars, especially if you plan to stay in the industry.
Special contexts: supervisors, coworkers, third parties, and small employers
Supervisor sexual harassment in California triggers strict liability for the employer, which changes the calculus. Employers often settle these cases faster if the facts are strong. Coworker sexual harassment still creates liability when the employer knew or should have known and failed to act. Reporting quickly is the key to that standard.
Third party sexual harassment California cases involve customers or vendors. Bars, retail stores, healthcare clinics, and hospitality venues see these cases frequently. Employers must protect employees by warning, removing the harasser, or changing assignments as needed. A company cannot shrug and say “that’s just how the customer is” and leave you exposed.
Small employers are not off the hook. FEHA’s harassment provisions protect employees regardless of employer size. A two-person shop must take reasonable steps to prevent and correct harassment. Owners who ignore complaints risk personal and corporate exposure.
Training, policies, and the preventive side of the law
California sexual harassment training requirements apply to many employers. Supervisors must receive at least two hours of training every two years; non-supervisory employees must receive at least one hour. California AB 1825 sexual harassment training created the baseline, and SB 1343 broadened it to more employers. Effective training is practical rather than check-the-box, with examples, role play, and guidance on reporting.
California sexual harassment policy requirements are specific. Policies must prohibit harassment, discrimination, and retaliation; describe a detailed complaint process with multiple channels; assure a fair, timely investigation; and promise corrective action if misconduct is found. Policies must be distributed in a language employees understand. If your employer has not trained you or shared a policy, that omission strengthens your argument that the employer failed to take reasonable preventive steps.
Choosing HR, CRD, or EEOC: a practical decision tree
Here is a compact way to think about the options when deciding where to start. This is not a rigid sequence, and you can do more than one in parallel.
- If you want the fastest internal fix with the least disruption, report to HR or a designated manager, put your complaint in writing, and ask for a timeline and outcome summary. If you want to preserve your strongest legal claims under California law, file with the CRD within three years, and check the box for dual filing with the EEOC. If federal involvement offers strategic value, such as systemic changes at a national employer, file with the EEOC or ensure your CRD filing is dual filed. If you are facing immediate retaliation or safety risks, consult a California sexual harassment attorney right away and consider simultaneous CRD filing to lock in your rights. If arbitration is in your employment agreement, get legal advice early to map the best forum and leverage.
Deadlines and tolling: protecting your timeline
Filing deadlines decide many cases before facts do. The filing deadline for sexual harassment in California with CRD is generally three years from the last act. Retaliation claims tied to the harassment usually share that timeline. Federal EEOC deadlines in California are typically 300 days, and dual filing helps cover both.
Other deadlines may apply if you pursue related claims, like intentional infliction of emotional distress or failure to prevent harassment under FEHA. Government employers may trigger separate government claims procedures with shorter timelines. If your immigration status is a concern, know that FEHA protections apply regardless of status, and agencies do not share your information for immigration enforcement.
What to do if HR fails you
Sometimes HR minimizes serious conduct, leaks your complaint to the alleged harasser, or drags out the process to wear you down. In those cases, escalate outside.
Start by filing a CRD complaint and noting any process failures. Send a brief letter to the company documenting the defects: delayed interviews, ignored witnesses, or refusal to separate you from the harasser. This sets up your failure to prevent claim under FEHA.
If the situation becomes untenable and you need leave, explore medical leave options. A healthcare provider’s note for stress, anxiety, or related conditions can qualify you for protected leave in some circumstances. This may buy time while you file with CRD or EEOC. Do not resign unless you have consulted counsel about constructive discharge implications.
Working with a California sexual harassment lawyer
Not every case needs a lawyer on day one, but early legal advice can help you avoid missteps, especially around arbitration, confidentiality, and retaliation. Lawyers help you frame the facts in a way that aligns with California sexual harassment laws and hostile work environment standards, and they manage negotiations so you do not have to bargain with the person who controls your paycheck.
Fee structures vary. Many plaintiff-side attorneys work on contingency, typically between 30 and 40 sexual harassment california percent, plus costs. Ask about strategy, likely timelines, and whether your case fits CRD mediation, private mediation, or litigation. Strong counsel will also discuss non-monetary goals, like training upgrades or a transfer, and how to enforce them.
A short checklist for documentation that withstands scrutiny
- A dated incident log that includes who, what, when, where, and witnesses, kept on a personal device or notebook. Screenshots or copies of texts, emails, chat messages, calendars, or images, with metadata preserved when possible. A copy of the company’s policy and your training certificates to show the employer’s obligations and your compliance. Written complaints to HR or management, plus their responses and timelines. Performance records before and after your complaint to identify retaliatory shifts.
Final thoughts grounded in real workplace dynamics
Reporting sexual harassment in California is not just about the legal boxes you check. It hinges on your ability to create a credible record, avoid traps like missed deadlines, and choose the right forum. California workplace sexual harassment laws are robust, but they still rely on employees coming forward with clear facts. Use HR if it helps you stop the conduct. Use the CRD to preserve state claims and leverage FEHA’s broader protections. Use the EEOC if federal coordination serves your goals. And if the process feels stacked against you, do not shoulder it alone. A seasoned California sexual harassment attorney can turn scattered facts into a strategy, and strategy is what moves employers, agencies, and courts.