Same-Sex Sexual Harassment in California

Same-sex sexual harassment is absolutely illegal in California. Whether a man is harassed by another man, a woman is harassed by another woman, or harassment occurs between people of any gender, the law provides the same protections as it does for opposite-sex harassment.

If you’re experiencing unwanted sexual attention, comments about your masculinity or femininity, or a hostile work environment from someone of the same sex, you have legal rights under California law.

Is Same-Sex Sexual Harassment Illegal in California?

Yes. Same-sex sexual harassment is fully illegal under California’s Fair Employment and Housing Act (FEHA). The law explicitly prohibits sexual harassment regardless of whether the harasser and victim are the same sex or different sexes.

Under FEHA, harassment based on sex, gender, gender identity, or gender expression is prohibited. This includes:

Men harassing men
Women harassing women
Non-binary individuals harassing others
Any combination of gender identities

California courts and the Civil Rights Department (CRD) apply the same legal standards to same-sex harassment as they do to opposite-sex harassment. There is no difference in how the law treats these cases.

Legal Foundation for Same-Sex Harassment Claims

California FEHA Protection

California Government Code Section 12940(j)(1) makes it unlawful for an employer to harass an employee because of sex, gender, gender identity, or gender expression. The statute does not require that the harasser and victim be different sexes.

FEHA defines “sex” broadly to include:

Biological sex
Gender (social and cultural characteristics)
Gender identity (internal sense of being male, female, or non-binary)
Gender expression (how you present your gender)
Pregnancy and related conditions

This broad definition means same-sex harassment is clearly covered under multiple protected categories.

U.S. Supreme Court Recognition

The U.S. Supreme Court recognized same-sex sexual harassment as illegal discrimination in Oncale v. Sundowner Offshore Services, Inc. (1998). In that case, a male oil rig worker was sexually assaulted and threatened by male coworkers.

The Court held that Title VII of the Civil Rights Act prohibits same-sex harassment, stating: “We see no justification in the statutory language or our precedents for a categorical rule excluding same-sex harassment claims.”

While Oncale addressed federal law, California courts apply the same principle to FEHA claims. In fact, California law provides even stronger protections than federal law.

California Goes Further

California law protects sexual orientation as a separate protected class under FEHA (Government Code Section 12940). This means you’re protected from harassment based on:

Your sex/gender (same-sex harassment)
Your sexual orientation (harassment for being gay, lesbian, bisexual, etc.)
Both combined

This dual protection makes California one of the strongest states for workplace harassment protections.

Types of Same-Sex Sexual Harassment

Same-sex harassment takes many forms. It’s not always sexual in nature—it can involve gender policing, stereotyping, or creating a hostile environment based on someone’s sex or gender expression.

Unwanted Sexual Advances

This includes:

Repeated requests for dates or sexual contact
Unwanted touching, groping, or sexual assault
Sexually explicit comments or propositions
Showing pornography or sexual images
Sexual gestures or innuendos
Pressuring someone for sexual favors

Example: A male manager repeatedly asks a male subordinate to go home with him, touches his shoulders and back despite being told to stop, and makes comments about his body.

Hostile Work Environment

A pattern of sex-based conduct that creates an intimidating, offensive, or abusive workplace:

Sexual jokes targeting people of a specific gender
Comments about bodies or physical appearance
Locker room talk that demeans men or women
Display of sexual materials
Discussion of sexual activities
Creating a sexually charged atmosphere

Example: Female coworkers regularly make sexually explicit jokes about women’s bodies, share stories about their sexual experiences in graphic detail, and comment on a female colleague’s breasts, making her feel uncomfortable and degraded.

Gender Stereotyping and Policing

Harassment based on failing to conform to gender stereotypes:

“You don’t act like a real man”
“You’re too feminine for a guy”
“Women shouldn’t behave that way”
“You need to be more ladylike”
Mocking someone’s voice, mannerisms, or dress
Pressure to conform to masculine or feminine stereotypes

Example: Male coworkers repeatedly call a male employee “princess” and make fun of the way he talks, telling him to “man up” and “stop being so soft.”

Sexual or Gender-Based Insults

Using slurs or derogatory terms based on sex:

Anti-gay slurs (even if the victim is heterosexual)
Terms like “sissy,” “pansy,” or “butch”
Comparing someone negatively to their gender
Emasculating or defeminizing comments

Example: A group of women call a female coworker a “dyke” because she has short hair and wears pants instead of dresses, even though she’s married to a man.

Common Same-Sex Harassment Scenarios

1. Male Supervisor Harassing Male Subordinate

A male manager makes sexual comments to a male employee, touches him inappropriately during meetings, and suggests career advancement in exchange for sexual favors.

2. Female Coworker Harassing Female Employee

A female coworker repeatedly comments on another woman’s body, makes sexual jokes directed at her, and sends her sexually explicit text messages after work.

3. Locker Room or Changing Area Harassment

Male employees make unwanted sexual comments about other men’s bodies in the locker room, take photos without consent, or engage in unwanted touching.

4. Construction Site or Male-Dominated Workplace

Male workers target another man for not being “masculine enough,” calling him homophobic slurs, excluding him from work activities, and making his work environment hostile.

5. Female-Dominated Workplace Harassment

In a workplace with mostly women (nursing, childcare, salon), female employees create a sexually hostile environment by making explicit sexual comments, sharing sexual stories, and targeting women who don’t participate.

6. “Hazing” or “Horseplay” That Crosses the Line

Male coworkers engage in simulated sexual acts, “pantsing,” or other physical conduct of a sexual nature under the guise of “just joking around.”

7. Retail or Service Industry Harassment

A same-sex manager makes sexual advances toward subordinates, threatens their job security if they don’t comply, and creates a sexually charged work environment.

8. Office Environment Gender Policing

Employees criticize a same-sex coworker’s appearance, behavior, or presentation for not conforming to gender norms, creating a hostile environment.

9. Healthcare Setting Harassment

A same-sex supervisor or coworker makes unwanted sexual advances, discusses their sex life explicitly, or makes sexual comments about patients.

10. Warehouse or Factory Floor Harassment

Male workers target another man with constant sexual jokes, unwanted touching, and sexual gestures, making the workplace unbearable.

11. Restaurant Kitchen Harassment

Female kitchen staff subject another woman to constant sexual commentary, explicit discussions, and unwanted physical contact.

12. Gym or Fitness Center Harassment

A same-sex supervisor or coworker makes comments about an employee’s body, follows them into changing areas, or makes unwanted sexual propositions.

13. Academic or School Setting

Same-sex educators or staff create a sexually hostile environment through inappropriate comments, touching, or gender-based harassment.

14. Tech or Corporate Office

Employees face gender stereotyping from same-sex coworkers about not fitting their department’s culture (e.g., women in tech being told they’re “not technical enough” by other women).

15. Sales or Client-Facing Roles

A same-sex sales manager makes sexual comments, touches employees inappropriately at work events, or conditions opportunities on sexual favors.

16. Remote or Virtual Workplace

Same-sex harassment via email, instant messages, video calls, or virtual meetings, including sexual comments, unwanted sexual images, or gender-based insults.

Myths About Same-Sex Harassment

Myth 1: “It’s Just Horseplay”

Reality: Physical contact of a sexual nature is not horseplay. Courts specifically reject the “horseplay” defense when conduct is sexual or based on sex. What some call “locker room talk” or “guy stuff” can be illegal harassment.

Myth 2: “It’s Not Illegal If Both People Are the Same Sex”

Reality: Sexual harassment is illegal regardless of the genders involved. FEHA explicitly protects against harassment based on sex, which includes same-sex harassment.

Myth 3: “The Victim Must Be Gay or Lesbian”

Reality: The victim’s sexual orientation is irrelevant. A heterosexual man can be harassed by other men. A heterosexual woman can be harassed by other women. The law protects everyone.

Myth 4: “The Harasser Must Be Gay or Lesbian”

Reality: The harasser’s sexual orientation doesn’t matter either. Many same-sex harassers identify as heterosexual. Harassment is about power and degradation, not sexual attraction.

Myth 5: “Same-Sex Harassment Is Less Serious”

Reality: Same-sex harassment is taken just as seriously as opposite-sex harassment. Courts apply identical legal standards. Victims suffer the same psychological and professional harm.

Myth 6: “You Have to Prove Sexual Desire”

Reality: You don’t need to prove the harasser was sexually attracted to you. Harassment based on sex includes conduct motivated by hostility, animus, or a desire to humiliate—not just sexual desire.

Myth 7: “It Doesn’t Count If Everyone Participated”

Reality: A sexually hostile work environment is illegal even if multiple people engaged in the conduct. Widespread sexual behavior doesn’t make it legal—it often makes the claim stronger.

Sexual Orientation vs. Sex/Gender Harassment

It’s important to understand that California law protects both:

Sex/Gender Harassment (Same-Sex)

Harassment directed at you because of your sex or gender, regardless of sexual orientation. This includes:

Gender stereotyping
Sexual advances
Comments about bodies or sexuality
Creating a sexually hostile environment

Example: A heterosexual man is harassed by other heterosexual men who mock his voice and call him effeminate.

Sexual Orientation Harassment

Harassment directed at you because of your actual or perceived sexual orientation:

Anti-gay slurs
Harassment for being LGBTQ+
Discrimination based on having a same-sex partner

Example: A lesbian employee faces constant derogatory comments from female coworkers about her sexual orientation.

Overlap Between Categories

Often, same-sex harassment involves both sex-based and orientation-based conduct. You don’t have to separate them—FEHA protects against both. Courts recognize that harassment based on sexual orientation is inherently based on sex.

Proving Same-Sex Sexual Harassment

To prove same-sex harassment, you must show:

You were harassed because of your sex/gender
The harassment was unwelcome
The harassment was severe or pervasive
The harassment affected your employment
Your employer is liable (knew or should have known, and failed to act)

The “Because of Sex” Requirement

In same-sex cases, you can prove harassment was “because of sex” by showing:

Direct evidence of sexual desire: The harasser made sexual advances, propositions, or comments showing sexual interest.

Gender stereotyping: The harasser targeted you for not conforming to masculine or feminine stereotypes.

Comparative evidence: The harasser treated one sex differently (harassed only men or only women, but not both).

General hostility to a gender: The harasser demonstrated hostility toward men as a group or women as a group.

What Evidence Helps

Strong evidence includes:

Text messages or emails with sexual or gender-based content
Witness testimony from coworkers who observed harassment
Documentation of complaints you made
Records of changes in your work conditions
Medical or psychological treatment records
Contemporaneous notes or journal entries

Employer Liability for Same-Sex Harassment

Employers are liable for same-sex harassment under the same standards as opposite-sex harassment.

Supervisor Harassment

If a supervisor harasses you, your employer is strictly liable if the harassment results in a tangible employment action (firing, demotion, pay cut).

If no tangible action occurred, the employer may defend by showing they:

Took reasonable steps to prevent and correct harassment
You unreasonably failed to use available complaint procedures

Coworker Harassment

For coworker harassment, the employer is liable if they:

Knew about the harassment (you reported it)
Should have known (it was obvious or widespread)
Failed to take immediate and appropriate corrective action

Employer Defenses Don’t Apply If

You complained and they ignored it
The harassment was widespread and obvious
They failed to investigate
They retaliated against you for complaining
They took action but it was inadequate

How to Report Same-Sex Harassment

Internal Reporting

Document everything: Keep records of harassing incidents with dates, times, locations, witnesses, and what was said or done.
Review your employee handbook: Check your employer’s harassment policy and follow the complaint procedure.
Report in writing: Submit a written complaint to HR, your supervisor (if they’re not the harasser), or the designated harassment officer.
Use the word “harassment”: Be explicit that you’re complaining about sexual harassment or sex-based harassment.
Request action: Ask for an investigation and corrective measures.

External Reporting

If internal reporting fails or you face retaliation:

California Civil Rights Department (CRD):

File online at calcivilrights.ca.gov
File by phone: 800-884-1684
You have 3 years from the last incident to file
CRD will investigate and may issue a right-to-sue notice

Equal Employment Opportunity Commission (EEOC):

File online at eeoc.gov
File at a local EEOC office
You have 300 days to file (for California cases)
EEOC handles federal claims

Consult an employment attorney: An attorney can help you navigate the process, protect your rights, and maximize your recovery.

Retaliation Protections

It is illegal for your employer to retaliate against you for:

Reporting same-sex harassment
Participating in a harassment investigation
Filing a complaint with CRD or EEOC
Opposing harassing conduct

Retaliation includes:

Termination or demotion
Pay cuts or reduction in hours
Negative performance reviews
Exclusion from meetings or projects
Hostile treatment
Blacklisting or interference with future employment

Retaliation claims are often easier to prove than the underlying harassment and can result in significant damages.

Damages Available in Same-Sex Harassment Cases

If you prove same-sex harassment, you may recover:

Economic Damages

Lost wages and benefits
Future lost earnings
Job search costs
Medical and therapy expenses

Non-Economic Damages

Emotional distress
Humiliation and embarrassment
Loss of enjoyment of life
Damage to reputation

Punitive Damages

If the employer acted with malice, oppression, or reckless disregard for your rights, you may receive punitive damages to punish the employer.

Attorney’s Fees and Costs

If you win, the employer typically pays your attorney’s fees and litigation costs.

Injunctive Relief

Courts may order the employer to:

Implement anti-harassment policies
Provide harassment training
Reinstate you to your position
Discipline or terminate the harasser

Real-World Same-Sex Harassment Cases

Male-on-Male Construction Harassment

A male construction worker was subjected to simulated sexual acts, genital-grabbing, and homophobic slurs by male coworkers. Despite complaints, the employer took no action. The jury awarded over $1 million in damages.

Female-on-Female Retail Harassment

A female retail manager made repeated sexual advances toward a female employee, touching her inappropriately and making explicit comments about her body. After the employee reported the conduct, she was terminated. She recovered damages for both harassment and retaliation.

Locker Room Assault Case

A male employee was sexually assaulted in a workplace locker room by male coworkers who claimed it was “horseplay.” The court rejected the horseplay defense and found the employer liable for failing to address known harassment.

Gender Stereotyping in Tech

A male software engineer was constantly mocked by male coworkers for his mannerisms and voice, with comments like “you’re not man enough for this job.” The company failed to investigate his complaints. He prevailed on both harassment and retaliation claims.

Female-Dominated Workplace Harassment

In a nursing home staffed primarily by women, female employees created a sexually hostile environment with explicit sexual discussions and comments about coworkers’ bodies. A female employee who complained was ostracized and constructively discharged. She won her case.

Supervisor Sexual Coercion

A male restaurant manager pressured male subordinates for sexual favors, making explicit propositions and creating a sexually charged environment. When employees complained to upper management, they were ignored. Multiple employees recovered damages in a joint lawsuit.

Frequently Asked Questions

Can I sue for same-sex harassment if I’m heterosexual?

Yes. Your sexual orientation doesn’t matter. If you were harassed because of your sex or gender, you have a claim regardless of whether you’re gay, straight, or bisexual.

What if the harasser is also being harassed?

Even if the harasser is also a victim of harassment, that doesn’t excuse their conduct. Multiple people can be both harassers and victims. Each person is responsible for their own behavior.

Is it harassment if the conduct wasn’t directed specifically at me?

Yes. If you’re subjected to a sexually hostile work environment (like constant sexual jokes, explicit discussions, or pervasive sexual conduct), you have a claim even if you weren’t the specific target.

What if I participated in some of the conduct before it bothered me?

Your initial participation doesn’t waive your rights. Once conduct becomes unwelcome and you make that clear (verbally or through your behavior), continued harassment is illegal. People’s tolerance for workplace conduct can change.

How do I prove the harassment was “because of sex” and not just personal?

You can show the conduct was sexual in nature, involved gender stereotyping, or targeted you because of your sex. If the harasser wouldn’t have engaged in the same conduct with someone of a different sex, that suggests sex-based motivation.

Take Action

If you’re experiencing same-sex sexual harassment at work, you don’t have to face it alone. California law provides strong protections, and employers can be held accountable for allowing harassment to continue.

Consider consulting with an experienced employment attorney who can:

Evaluate the strength of your case
Help you document harassment effectively
Guide you through internal and external complaint processes
Represent you in negotiations or litigation
Maximize your potential recovery

Same-sex harassment is illegal, serious, and actionable under California law. You have the right to work in an environment free from sexual harassment, regardless of anyone’s gender or sexual orientation.

Legal Disclaimer

This article provides general information about same-sex sexual harassment under California law and is not legal advice. Employment law is complex and fact-specific. If you believe you’ve experienced workplace harassment, consult with a qualified California employment attorney who can evaluate your specific situation and advise you of your rights and options. Laws and regulations change, so verify current legal standards with a licensed attorney.

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