Sexual Harassment in California: Your Rights Under FEHA and SB 1343
Sexual harassment in California is illegal workplace conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. California’s Fair Employment and Housing Act (FEHA) protects employees from unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment. California law provides stronger protections than federal law and applies to employers with five or more employees.
California takes sexual harassment seriously. The state requires mandatory training for all employers and recognizes broader harassment claims than federal courts. You have the right to work in an environment free from sexual harassment, whether it comes from supervisors, coworkers, customers, or vendors.
If you’ve experienced sexual harassment at work, California law gives you powerful tools to fight back. You can file complaints with the California Civil Rights Department (CRD) and potentially recover significant damages. Understanding your rights is the first step toward protecting yourself.
Why California’s Sexual Harassment Laws Matter
California offers some of the strongest workplace protections in the nation. While federal law requires 15 employees for coverage, California’s FEHA applies to employers with just five employees. This means more workers have legal protection against harassment.
The state also requires all employers to provide sexual harassment prevention training. Senate Bill 1343 (SB 1343) mandates this training to create awareness and prevent harassment before it starts. Employers who fail to train face liability risks.
California courts recognize harassment claims that federal courts might dismiss. The state protects workers from third-party harassment by customers or vendors. Employers must take reasonable steps to prevent this harassment, even when it comes from outside the company.
Types of Sexual Harassment Under California Law
California recognizes two main categories of sexual harassment. Both are illegal under FEHA. Understanding these types helps you identify harassment when it happens.
Quid Pro Quo Harassment
Quid pro quo means “this for that” in Latin. This harassment occurs when someone in authority demands sexual favors in exchange for job benefits. A supervisor who promises a promotion for a date commits quid pro quo harassment. Similarly, threatening to fire someone who refuses sexual advances is illegal.
This type of harassment typically involves someone with power over your employment. The harasser must have authority to affect your job conditions, salary, or career. Even one instance of quid pro quo harassment can be illegal.
Hostile Work Environment Harassment
A hostile work environment exists when unwelcome sexual conduct is severe or pervasive enough to alter your work conditions. This includes repeated sexual comments, inappropriate touching, sexual jokes, or displaying explicit materials. The conduct must be offensive to both you and a reasonable person.
Unlike quid pro quo, hostile environment harassment doesn’t require threats about your job. The harassment itself makes your workplace intolerable. Courts look at the frequency, severity, and whether it interferes with your work performance.
Examples of hostile environment harassment include:
- Repeated sexual comments about your appearance or body
- Unwanted touching, hugging, or kissing
- Sexual jokes, innuendos, or explicit stories
- Displaying pornographic images or sexual materials
- Sending sexual emails, texts, or messages
- Making sexual gestures or sounds
- Asking intrusive questions about your sex life
- Spreading sexual rumors about you
Same-Sex Harassment
California law protects employees from same-sex sexual harassment. The harasser and victim can be any gender. What matters is whether the conduct was sexual in nature and unwelcome.
Same-sex harassment follows the same legal standards as opposite-sex harassment. The conduct must be severe or pervasive. Your sexual orientation doesn’t determine whether harassment occurred.
California’s Mandatory Sexual Harassment Training (SB 1343)
California requires all employers with five or more employees to provide sexual harassment prevention training. This requirement went into effect on January 1, 2019. The law aims to prevent harassment through education.
Who Must Receive Training
All employees must receive sexual harassment prevention training. Supervisory employees need two hours of training. Non-supervisory employees need one hour of training. The training must occur within six months of hire or promotion.
Temporary and seasonal employees working more than 30 days must also receive training. Independent contractors who regularly work on-site may need training as well. Employers cannot waive this requirement.
What Training Must Cover
California law specifies what training must include. The training must cover the definition of sexual harassment under FEHA. It must provide examples of conduct that constitutes harassment. Training must also explain how to report harassment and employees’ rights.
The training must cover:
- Legal definitions of sexual harassment
- Types of conduct that constitute harassment
- Remedies available to harassment victims
- Strategies to prevent harassment
- Supervisors’ obligations to report harassment
- Practical examples relevant to your workplace
- Resources for harassment victims
Training Frequency Requirements
Employers must provide training every two years. The clock starts from when employees receive their first training. New employees must receive training within six months of hire.
Supervisors promoted from non-supervisory roles need additional training within six months. The extra hour brings them to the two-hour requirement. Employers must keep training records for at least two years.
Employer Liability for Sexual Harassment
California holds employers responsible for sexual harassment in their workplace. The level of liability depends on who committed the harassment. Understanding employer liability helps you know your legal options.
When Employers Are Liable
| Harasser Type | Employer Liability | Employer Defense Available |
|---|---|---|
| Supervisor (tangible job action) | Automatic strict liability | No defense available |
| Supervisor (no tangible action) | Liable unless proves defense | Yes – must show prevention efforts and employee unreasonably failed to use complaint process |
| Coworker | Liable if knew or should have known | Yes – can show prompt corrective action |
| Customer/Vendor | Liable if failed reasonable steps to prevent | Yes – can show took all reasonable steps |
Supervisors who take tangible employment actions create automatic liability. Tangible actions include firing, demotion, or significant job changes. Employers cannot escape liability when supervisors use their authority to harass.
For supervisor harassment without tangible actions, employers can defend themselves. They must prove they reasonably tried to prevent harassment. They must also show you unreasonably failed to use their complaint process.
Coworker Harassment Liability
Employers are liable for coworker harassment if they knew or should have known about it. Once aware, employers must take immediate corrective action. Ignoring complaints or delaying investigation creates liability.
Reasonable corrective action depends on the harassment severity. Minor incidents might require verbal warnings. Severe harassment often requires termination. The action must be reasonably calculated to stop the harassment.
Individual Supervisor Liability
California allows you to sue individual supervisors personally for harassment. You can name both your employer and the harassing supervisor as defendants. This is unique compared to federal law, which typically only allows employer liability.
Personal liability increases the stakes for supervisors who harass. Supervisors can be personally responsible for damages. This creates a strong incentive to prevent harassment.
Third-Party and Customer Harassment Protections
California law protects you from harassment by non-employees. Your employer must take reasonable steps to prevent customer, client, or vendor harassment. This protection exceeds what federal law requires.
When a customer sexually harasses you, report it to your employer immediately. Your employer must investigate and take action. Reasonable steps might include banning the customer or reassigning you away from them.
Real-world example: A restaurant server repeatedly received sexual comments from a regular customer. She reported the harassment to management three times. Management took no action and told her to “deal with it.” The restaurant is liable for failing to protect her from third-party harassment.
Employers cannot ignore harassment just because it comes from outside the company. They must balance business interests with employee safety. Your right to a harassment-free workplace doesn’t disappear when customers are involved.
How to Report Sexual Harassment in California
Reporting harassment properly protects your legal rights. California gives you multiple paths to report and seek justice. You don’t have to choose just one option.
Internal Company Complaints
Start by reviewing your employee handbook for the complaint procedure. Most employers have written policies explaining how to report harassment. Follow these procedures when possible, but don’t let a bad policy stop you from reporting.
Report the harassment in writing when you can. Email creates a paper trail. Include dates, times, locations, and witnesses. Describe what happened in specific detail. Keep copies of your complaint for your records.
If your harasser is your direct supervisor, report to HR or a higher-level manager. You’re not required to report to your harasser. California law prohibits retaliation for making good-faith harassment complaints.
Filing with the California Civil Rights Department (CRD)
The California Civil Rights Department (formerly DFEH) investigates harassment complaints. You have three years from the last harassment incident to file. This is longer than the federal deadline.
You can file online, by mail, or in person at a CRD office. The CRD will investigate your complaint. They may mediate between you and your employer or file a lawsuit on your behalf.
Filing with CRD doesn’t prevent you from filing with the EEOC. You can file with both agencies. However, you’ll need a “right to sue” letter before filing your own lawsuit.
Filing with the Equal Employment Opportunity Commission (EEOC)
You can also file with the federal EEOC. The EEOC enforces federal sexual harassment laws. You must file within 300 days of the last harassment incident for California cases.
The EEOC may investigate or issue a right-to-sue letter. Many people file with both CRD and EEOC to preserve all legal options. The agencies coordinate to avoid duplicate investigations.
Taking Legal Action
You can file a lawsuit after receiving a right-to-sue letter. You typically have one year from receiving the letter to file. An employment attorney can help you navigate the lawsuit process and maximize your recovery.
California law allows you to sue your employer and individual harassers. You can seek compensatory and punitive damages. Attorney’s fees are available if you win, making legal representation more accessible.
Proving Sexual Harassment: Evidence You Need
Strong evidence makes your harassment claim more successful. Start gathering evidence as soon as harassment begins. Don’t wait until you’re ready to file a complaint.
Document everything. Keep a detailed journal of harassment incidents. Record the date, time, location, what happened, and who witnessed it. Write down your emotional reaction and how it affected your work.
Save all evidence of harassment:
- Emails, texts, or messages containing harassment
- Voicemails with harassing content
- Photos of inappropriate materials or gestures
- Notes or gifts from your harasser
- Your written complaints to management
- Witness statements or contact information
- Performance reviews showing your work quality
- Medical records documenting harassment-related stress
Witness testimony strengthens your case. Identify coworkers who saw or heard the harassment. Get their contact information. Some may be willing to provide statements or testify.
Real-world example: An office worker received daily sexual comments from her supervisor. She kept a detailed journal for three months. She saved text messages where he asked her on dates. She identified two coworkers who overheard his comments. This evidence led to a successful settlement before trial.
Your employer’s response is also evidence. Document when you reported harassment and to whom. Save emails acknowledging your complaint. Note what investigation occurred and what action your employer took. Inadequate responses create employer liability.
Medical and counseling records can prove harassment damages. If harassment causes anxiety, depression, or stress, seek treatment. Your medical records show the harassment’s impact on your health and well-being.
What Damages Can You Recover?
California harassment victims can recover multiple types of damages. The amount depends on your specific situation and the harassment severity. Successful claims often result in significant compensation.
Economic damages compensate for measurable financial losses. These include lost wages if you were fired or forced to quit. You can recover lost benefits, including health insurance and retirement contributions. Future lost earnings are available if harassment derailed your career.
Emotional distress damages compensate for psychological harm. California recognizes that harassment causes real emotional injury. You don’t need to prove physical injury to recover emotional distress damages. Therapy costs and mental anguish are compensable.
Punitive damages punish employers for particularly bad conduct. California awards punitive damages when employers act with malice or reckless indifference. These damages can significantly exceed compensatory damages. They send a message that harassment won’t be tolerated.
Attorney’s fees and costs are available to successful plaintiffs. This levels the playing field against well-funded employers. You can find quality legal representation even without upfront money. Many employment attorneys work on contingency.
Real-world example: A sales manager endured two years of quid pro quo harassment from her director. She was eventually fired for refusing his advances. She recovered $500,000 in lost wages, $250,000 for emotional distress, and $1 million in punitive damages. The employer also paid her attorney’s fees of $175,000.
The availability of significant damages reflects California’s strong public policy against harassment. The law aims to make victims whole and deter future harassment.
Retaliation Protections for Reporting Harassment
California law strongly prohibits retaliation for reporting sexual harassment. You cannot be punished for making a good-faith harassment complaint. Retaliation itself is illegal, even if the underlying harassment claim fails.
Retaliation includes any adverse action taken because you reported harassment. Firing is obvious retaliation. But retaliation takes many forms, including demotion, pay cuts, bad schedules, or poor performance reviews. Creating a hostile environment after you complain is also retaliation.
You’re protected when you report harassment internally or to government agencies. You’re also protected when you participate in harassment investigations. Testifying as a witness in a coworker’s harassment case triggers protection.
The timing of adverse actions matters. If you’re fired shortly after complaining about harassment, this suggests retaliation. Courts look at whether there’s a causal connection between your complaint and the adverse action.
For more information about your rights when facing workplace retaliation, see our guide on California Workplace Retaliation.
Retaliation claims are often easier to prove than underlying harassment claims. You must show your complaint was a contributing factor in the adverse action. Then your employer must prove they would have taken the same action anyway.
Next Steps If You’ve Experienced Sexual Harassment
Sexual harassment is serious and illegal. You don’t have to endure it. California law gives you powerful tools to fight back and hold harassers accountable.
Start by documenting everything. Keep detailed records of harassment incidents. Save any evidence like emails or texts. Tell trusted coworkers what’s happening and identify potential witnesses.
Report the harassment to your employer following company procedures. Put your complaint in writing when possible. Don’t let fear of retaliation stop you from reporting. Retaliation is illegal.
Consider filing a complaint with the California Civil Rights Department. You have three years to file. The CRD can investigate and help resolve your complaint. You can also file with the EEOC.
Consult with an employment attorney. Many offer free case evaluations. An attorney can explain your options and help you navigate the legal process. Don’t wait until you’ve lost your job to seek legal advice.
You may also have claims for related issues like discrimination or wrongful termination. Learn more about California Workplace Discrimination and California Wrongful Termination to understand your full range of rights.
If harassment is affecting your health, seek medical or counseling help. Your well-being matters most. Treatment also creates records that can support your legal claim.
Take care of yourself. Sexual harassment is traumatic. Reach out to friends, family, or support groups. You’re not alone, and you didn’t cause this.
Get Help With Your Sexual Harassment Claim
Experiencing sexual harassment at work? Get a free, confidential case review from an employment law expert who can help protect your rights.
References
- Employment Law Aid Content Strategy
- Employment Law Aid Sitemap Architecture
- California Fair Employment and Housing Act (FEHA) – California Government Code § 12900 et seq.
- Senate Bill 1343 Training Requirements – California Government Code § 12950.1
- California Civil Rights Department – calcivilrights.ca.gov
- U.S. Equal Employment Opportunity Commission – eeoc.gov
- FEHA Regulations – California Code of Regulations Title 2, Division 4.1
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, please consult with a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.