Sexual Harassment Laws in California: Complete Workplace Rights Guide (2026)

Sexual harassment in the workplace is illegal under California law. If you've experienced sexual harassment at work, California provides the strongest protections in the nation through the Fair Employment and Housing Act (FEHA). Understanding the laws against sexual harassment is the first step toward justice.

California's sexual harassment in the workplace laws cover more employers (5+ employees vs. federal Title VII's 15+), provide longer filing deadlines (3 years), and require mandatory training. Whether you experienced quid pro quo harassment or a hostile work environment, you have legal options.

Quick Facts: California Sexual Harassment Law

What Is Sexual Harassment Under California Law?

Types of Sexual Harassment

Quid Pro Quo Harassment:

• Job benefits conditioned on sexual favors
• "Sleep with me or you're fired"
• Promotions, raises, or assignments tied to sexual conduct
• Only one incident required to establish violation

Hostile Work Environment:

• Unwelcome sexual conduct that creates intimidating environment
• Conduct must be severe OR pervasive
• California's lower standard than federal law
• Pattern of behavior or single severe incident

Conduct That May Constitute Harassment

Verbal harassment:

• Sexual comments, jokes, or innuendo
• Requests for sexual favors
• Comments about body or appearance
• Spreading sexual rumors

Physical harassment:

• Unwanted touching, hugging, or kissing
• Blocking movement
• Assault or attempted assault
• Invasion of personal space

Visual harassment:

• Displaying sexually suggestive images
• Offensive emails, texts, or social media
• Sexually explicit gestures
• Leering or staring

Digital harassment:

• Inappropriate emails or messages
• Sharing explicit content
• Online stalking
• Social media harassment

California's Stronger Standards

No "Severe or Pervasive" Requirement

California law is broader than federal:

FEHA does not require harassment to be "severe or pervasive" to be actionable. Under California law, harassment need only be conduct that would interfere with a reasonable person's work performance or create an intimidating environment.

This means:

• Single incidents can be actionable
• Pattern of "minor" incidents can add up
• Cumulative effect of conduct matters
• Lower bar than federal Title VII

All Employers Covered (5+)

FEHA applies to:

• Private employers with 5+ employees
• State and local government
• Labor organizations
• Apprenticeship programs

Harassment protections extend to:

• Employees
• Job applicants
• Unpaid interns and volunteers
• Independent contractors (in many circumstances)

Mandatory Sexual Harassment Training

California SB 1343 Requirements

All employers with 5+ employees must:

Train supervisors:

• 2 hours of training every 2 years
• Within 6 months of hire or promotion

Train non-supervisory employees:

• 1 hour of training every 2 years
• Within 6 months of hire

Training must include:

• Definition and examples of harassment
• Remedies available to victims
• Prevention strategies
• Bystander intervention
• Abusive conduct prevention

Employer Liability

Supervisor Harassment

Strict liability applies when:

• Supervisor harasses subordinate
• Harassment results in tangible employment action
• Employer liable regardless of knowledge

No affirmative defense available for quid pro quo harassment

Co-Worker Harassment

Employer liable if:

• Knew or should have known about harassment
• Failed to take immediate corrective action
• Failed to take preventive measures

Employers must:

• Investigate complaints promptly
• Take appropriate corrective action
• Protect complainant from retaliation

Third-Party Harassment

Employer may be liable for harassment by:

• Customers
• Clients
• Vendors
• Contractors

If employer:

• Knew or should have known
• Failed to take corrective action within its control

Filing a Sexual Harassment Complaint

California Civil Rights Department (CRD)

Filing deadline: 3 years from last harassing act

How to file:

• Online at calcivilrights.ca.gov
• By mail or in person at CRD office
• Phone: 1-800-884-1684

Process:

1. File complaint with CRD
2. CRD investigates or issues right-to-sue
3. Can request immediate right-to-sue
4. File lawsuit within 1 year of right-to-sue

EEOC Filing

May also file with EEOC:

• Filing deadline: 300 days
• Cross-filing agreements exist
• Federal remedies available

Private Lawsuit

After obtaining right-to-sue:

• File in California Superior Court
• 1 year deadline from right-to-sue
• Can pursue state and federal claims
• No damage caps under FEHA

Remedies Available

Damages Under FEHA

Compensatory damages:

• Lost wages and benefits
• Future lost earnings
• Emotional distress
• Medical expenses
• No cap on damages

Punitive damages:

• Available for intentional harassment
• Employer ratification of conduct
• No cap under FEHA

Injunctive relief:

• Reinstatement
• Policy changes
• Mandatory training
• Removal of harasser

Attorney's fees:

• Prevailing employee can recover fees
• Significant incentive for attorneys to take cases

Retaliation Protection

What Is Retaliation?

Employers cannot retaliate for:

• Complaining about harassment
• Participating in investigations
• Filing CRD or EEOC complaints
• Testifying in proceedings
• Opposing harassment

Examples of Retaliation

• Termination or demotion
• Reduced hours or pay
• Negative performance reviews
• Exclusion from meetings or projects
• Hostile treatment after complaining

Documentation and Evidence

What to Document

Keep records of:

• Dates, times, locations of incidents
• What was said or done
• Names of witnesses
• Your responses
• Impact on your work and wellbeing

Save evidence:

• Emails, texts, messages
• Photos of offensive materials
• Performance reviews (before and after)
• Medical or counseling records

Reporting Internally

Best practices:

• Report in writing when possible
• Follow company procedures
• Keep copies of all reports
• Note who you reported to and when
• Document company's response

Common Questions

Can I be harassed by someone of the same sex?

Yes. Same-sex harassment is prohibited under California law. Sexual harassment can occur regardless of the genders involved.

What if my harasser isn't my supervisor?

Co-worker harassment is also prohibited. Your employer is liable if they knew or should have known about the harassment and failed to take corrective action.

Do I have to report to HR first?

No. You can file directly with CRD without first reporting to your employer. However, internal reporting creates documentation and gives your employer a chance to correct the problem.

Can I sue for harassment if I quit?

Yes. Constructive discharge may occur when harassment is so severe that a reasonable person would feel compelled to resign. You may still have a valid claim.

What if the harassment was years ago?

California's 3-year deadline gives you more time than most states. For harassment that occurred before 2020, different deadlines may apply. Consult an attorney.

Finding Legal Help

Free Resources

• California Civil Rights Department: calcivilrights.ca.gov | 1-800-884-1684
• Legal Aid at Work: legalaidatwork.org | 415-864-8848
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000

Employment Attorneys

Most sexual harassment attorneys work on contingency:

• No upfront fees
• Attorney paid from settlement/judgment
• Free initial consultations
• Strong cases often attract good representation

Related Resources

• California Workplace Discrimination
• California Workplace Retaliation
• California Wrongful Termination
• Los Angeles Sexual Harassment
• San Francisco Sexual Harassment

Legal Disclaimer

This guide provides general information about California sexual harassment law and is not legal advice. Employment law is complex and fact-specific. For advice about your specific situation, consult a licensed California employment attorney.

Official Resources:

• California Civil Rights Department: calcivilrights.ca.gov{rel="nofollow"} | 1-800-884-1684
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000