California Harassment Claims Demand Letters

FEHA Protections, Sexual Harassment, Hostile Work Environment & Supervisor Harassment

California Harassment Law Framework
Core Legal Framework: California's Fair Employment and Housing Act (FEHA), Government Code Section 12940(j), provides comprehensive protections against workplace harassment. FEHA prohibits harassment based on protected characteristics and imposes strict liability on employers for supervisor harassment and negligence liability for co-worker harassment.
FEHA Harassment Protections (Gov. Code 12940(j))

Under FEHA, it is unlawful for an employer to harass an employee based on any protected characteristic:

Protected Characteristic Coverage
Race, Color, National Origin, Ancestry Includes ethnic slurs, racial jokes, offensive comments about heritage
Sex, Gender, Gender Identity, Gender Expression Includes sexual harassment, gender-based comments, transgender discrimination
Sexual Orientation Includes harassment based on being LGBTQ+
Religion, Religious Creed Includes religious slurs, forced participation, schedule harassment
Age (40+) Includes age-based jokes, comments about being "too old"
Disability (Physical/Mental) Includes mocking disabilities, refusing accommodations
Medical Condition, Genetic Information Includes cancer, genetic characteristics, HIV/AIDS status
Marital Status, Pregnancy Includes pregnancy harassment, comments about family status
Military/Veteran Status Includes harassment based on service or veteran status
Types of Sexual Harassment
Two Forms of Sexual Harassment: California law recognizes two distinct types of sexual harassment, each with different elements and standards of proof.

1. Quid Pro Quo Harassment:

  • Submission to sexual conduct is made an explicit or implicit condition of employment
  • Employment decisions (hiring, promotion, termination) based on acceptance or rejection of sexual advances
  • "This for that" - job benefits exchanged for sexual favors
  • Only one incident required if linked to tangible employment action
  • Typically involves supervisor with authority over victim's employment

2. Hostile Work Environment Harassment:

  • Unwelcome conduct that is severe or pervasive enough to alter working conditions
  • Creates an intimidating, hostile, or offensive work environment
  • Evaluated from the perspective of a reasonable person in the plaintiff's position
  • Can include verbal, visual, or physical conduct
  • Can be based on sex or any other protected characteristic
Employer Liability Standards
Harasser Liability Standard Legal Basis
Supervisor (Quid Pro Quo) Strict Liability - employer automatically liable Gov. Code 12940(j)(1)
Supervisor (Hostile Environment) Strict Liability - employer automatically liable State Dept. of Health Services v. Superior Court (2003)
Co-Worker Harassment Negligence - employer liable if knew/should have known and failed to act Gov. Code 12940(j)(1)
Non-Employee (customer, vendor) Negligence - employer liable if knew/should have known and failed to act Gov. Code 12940(j)(1)
Who is a "Supervisor"? Under California law (Vaca v. Wyndham Hotel Group), a supervisor is someone with authority to hire, fire, promote, demote, discipline, or direct the employee's daily work activities. This is broader than federal law.
AB 9 Extended Statute of Limitations (3 Years)
Extended Filing Deadline: Assembly Bill 9 (effective January 1, 2020) extended the deadline to file a harassment complaint with the Civil Rights Department (CRD, formerly DFEH) from 1 year to 3 years from the date of the unlawful conduct. This gives victims significantly more time to pursue claims.

Important Timing Rules:

  • Administrative complaint: Must file with CRD within 3 years of the harassment
  • Continuing violation doctrine: Ongoing harassment extends the deadline
  • Discovery rule: Deadline may be extended if victim didn't know of injury
  • Civil lawsuit: Must file within 1 year of receiving right-to-sue notice
SB 1343 Training Requirements

Senate Bill 1343 (effective January 1, 2019) requires harassment prevention training for California employers:

Requirement Details
Covered Employers All employers with 5 or more employees
Supervisors 2 hours of training within 6 months of hire, then every 2 years
Non-Supervisory Employees 1 hour of training within 6 months of hire, then every 2 years
Temporary/Seasonal Employees Training within 30 days of hire or 100 hours worked (whichever first)
Training Content Must cover harassment based on all protected characteristics, abusive conduct, remedies, resources
Failure to Train: Employer's failure to provide required harassment training is evidence of negligence and can support punitive damages claims by showing the employer's disregard for employee safety.
Key Differences: FEHA vs. Federal Law (Title VII)
Issue California FEHA Federal Title VII
Employer Size 5 or more employees 15 or more employees
Filing Deadline 3 years (AB 9) 180-300 days
Supervisor Liability Strict liability for hostile environment Faragher-Ellerth defense available
Damages Cap No cap on compensatory/punitive damages Capped based on employer size
Personal Liability Individual harassers can be personally liable Generally no individual liability
Common Harassment Issues
1. Sexual Harassment Conduct
Examples of Sexual Harassment: Sexual harassment can take many forms, from overt physical contact to subtle comments. All unwelcome conduct of a sexual nature that creates a hostile environment is actionable.
  • Verbal: Sexual comments, jokes, propositions, threats, repeated requests for dates
  • Visual: Displaying sexually explicit images, emails, texts, gestures, staring
  • Physical: Unwanted touching, blocking movement, assault, brushing against body
  • Written: Sexual emails, texts, notes, social media messages
  • Quid pro quo: Conditioning job benefits on sexual favors, retaliation for rejection
  • Gender-based: Comments about appearance, pregnancy, stereotypes about women/men
2. Non-Sexual Harassment (Protected Characteristics)
  • Racial harassment: Slurs, jokes, stereotypes, comments about accent or appearance
  • Religious harassment: Mocking beliefs, forced participation, schedule retaliation
  • Age harassment: "Old timer" jokes, comments about retirement, exclusion from activities
  • Disability harassment: Mocking conditions, denying accommodations, hostile comments
  • National origin: Comments about immigration status, accent, country of origin
  • LGBTQ+ harassment: Slurs, misgendering, hostile comments about orientation
3. Hostile Work Environment Elements

To establish a hostile work environment claim, you must show:

Element What It Means
Protected Characteristic Harassment was based on your membership in a protected class
Unwelcome Conduct You did not solicit or invite the conduct, and you found it undesirable
Severe or Pervasive Conduct was serious enough to alter working conditions (one severe incident or pattern of pervasive conduct)
Reasonable Person Standard A reasonable person in your position would find the environment hostile
Employer Liability Employer knew or should have known and failed to take corrective action (unless supervisor)
"Severe or Pervasive" Standard: A single incident can be enough if sufficiently severe (e.g., physical assault, explicit quid pro quo). Less severe conduct must be pervasive (frequent and ongoing) to be actionable. Courts consider frequency, severity, physical threat, and interference with work.
4. Supervisor vs. Co-Worker Harassment

Supervisor Harassment:

  • Employer is strictly liable (no defense available in California)
  • Supervisor defined as someone with authority over employment decisions
  • Includes those who direct daily work activities
  • No requirement to prove employer knew or should have known

Co-Worker Harassment:

  • Employer liable only if negligent (knew or should have known and failed to act)
  • Must show you reported harassment or it was so obvious employer should have known
  • Employer must take prompt, appropriate corrective action
  • Failure to investigate or inadequate response creates liability
5. Retaliation for Reporting Harassment
Retaliation is Illegal: Under Government Code 12940(h), it is unlawful to retaliate against an employee for reporting harassment, participating in an investigation, or opposing discriminatory practices. Retaliation claims are often stronger than the underlying harassment claim.
  • Protected activity: Reporting harassment, filing complaint, participating in investigation
  • Adverse action: Termination, demotion, reduction in hours, hostile treatment
  • Causal connection: Close timing between complaint and adverse action
  • Separate claim: Retaliation is actionable even if harassment claim fails
6. Documentation and Evidence Gathering
Evidence Checklist:
  • Written records of each incident (date, time, location, witnesses, what was said/done)
  • Emails, texts, voicemails, social media messages from harasser
  • Photos of offensive materials displayed in workplace
  • Copies of internal complaints and HR responses
  • Medical records if harassment caused physical/emotional harm
  • Names of witnesses who observed harassment or heard about it
  • Performance reviews (to show you were performing well before harassment)
  • Company policies on harassment (often in employee handbook)
  • Evidence of similar harassment of others (pattern and practice)
Document Everything: Keep a contemporaneous written log of all incidents. Courts give significant weight to notes made at or near the time of incidents. Include specific quotes, not just summaries. Store copies outside of work (personal email, home computer) in case you lose workplace access.
How to Write Your Harassment Demand Letter
Step 1: Understand Your Goals

Before writing your demand, clarify what you want to achieve:

  • Stop the harassment: Demand immediate corrective action
  • Preserve employment: Request transfer, change in reporting structure
  • Monetary compensation: Demand damages for harm suffered
  • Separation with severance: Negotiate exit package if environment is untenable
  • Create a record: Document your complaint for future legal action
Step 2: Gather Your Documentation
Key Documents to Compile:
  • Incident log with dates, times, locations, and specific details
  • Copies of any written harassment (emails, texts, notes)
  • Photos of visual harassment (posters, images, graffiti)
  • Copies of internal complaints and employer responses
  • Medical/therapy records documenting emotional distress
  • Witness statements or names of potential witnesses
  • Employment records (offer letter, reviews, handbook)
  • Evidence of retaliation if you previously complained
Step 3: Structure Your Letter
Component What to Include
Header Your name, address, phone, email; date; employer's name and address; SEND VIA CERTIFIED MAIL
Subject Line "Formal Complaint and Demand Regarding Harassment in Violation of FEHA"
Employment Details Position, dates of employment, supervisor, department
Factual Summary Chronological description of harassment incidents with specific details
Legal Basis Cite Gov. Code 12940(j), type of harassment, employer's legal obligations
Harm Suffered Emotional distress, medical treatment, career impact, economic losses
Prior Complaints Note any previous reports to HR or management and their responses
Demands Specific remedies sought (stop harassment, compensation, policy changes)
Deadline Typically 10-14 days to respond
Consequences State you will file with CRD and pursue legal action if not resolved
Step 4: Be Specific and Factual

Your letter should include specific details that demonstrate the harassment:

  • Use exact quotes: "On [date], [harasser] said to me: '[exact words]'"
  • Describe physical conduct: "He placed his hand on my lower back and did not remove it when I stepped away"
  • Name witnesses: "This occurred in front of [names] who witnessed the incident"
  • Show pattern: Detail multiple incidents to show pervasive conduct
  • Connect to protected class: Explain why conduct was based on your protected characteristic
Avoid Emotional Language: While your feelings are valid, keep the letter professional and factual. Let the facts speak for themselves. Avoid exaggeration or speculation. Stick to what you can prove.
Step 5: Calculate Your Damages

Harassment damages can include:

  • Emotional distress: Anxiety, depression, PTSD, humiliation, loss of enjoyment of life
  • Medical expenses: Therapy, counseling, medication, medical treatment
  • Lost wages: If you quit, were fired, or lost opportunities due to harassment
  • Future earnings: Career impact, lost promotions, damaged reputation
  • Punitive damages: Available if employer acted with malice or reckless disregard
  • Attorney fees: Prevailing plaintiffs can recover attorney fees under FEHA
Step 6: Delivery Method
  • Certified Mail, Return Receipt: Provides proof of delivery and date received
  • Email + Certified Mail: Send via both for speed and legal proof
  • Address to HR and CEO: Send to multiple recipients to ensure it's received
  • Keep Copies: Retain copies of the letter, envelope, and proof of delivery
Consider Filing with CRD First: You may want to file a complaint with the Civil Rights Department (formerly DFEH) before or instead of sending a demand letter. This starts the administrative process and preserves your right to sue. You can request an immediate right-to-sue notice.
Sample Harassment Demand Letters
Sample 1: Sexual Harassment (Quid Pro Quo)
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL AND EMAIL [CEO/HR Director Name] [Company Name] [Company Address] [City, CA ZIP] RE: Formal Complaint and Demand Regarding Sexual Harassment Employee: [Your Name] Department: [Your Department] Dear [CEO/HR Director Name]: I am writing to formally report sexual harassment I have experienced at [Company Name] and to demand immediate action to stop the harassment and compensate me for the harm I have suffered. EMPLOYMENT INFORMATION: - Position: [Your Job Title] - Department: [Department] - Start Date: [Date] - Supervisor: [Name] - Harasser: [Name and Title] SUMMARY OF SEXUAL HARASSMENT: I have been subjected to quid pro quo sexual harassment by [Harasser Name], my [title/relationship]. The harassment began on approximately [Date] and continues to the present. SPECIFIC INCIDENTS: [Date]: [Harasser] called me into [his/her] office and closed the door. [He/She] told me that [he/she] found me attractive and that if I wanted to be considered for the upcoming [promotion/project/assignment], I should "be nice" to [him/her]. When I asked what [he/she] meant, [he/she] said, "[exact quote if available]." I was shocked and left the office without responding. [Date]: After I did not respond to [his/her] advances, [Harasser] began treating me differently. [He/She] removed me from [project/assignment], gave me a negative performance review despite my strong performance, and told me that I was "not a team player." [Date]: [Harasser] again approached me and said, "[exact quote]." [He/She] touched [describe inappropriate contact]. I told [him/her] to stop and that the conduct was unwelcome. [Date]: Following my rejection, [Harasser] [describe adverse action - demotion, negative review, removal from projects, etc.]. [Include additional incidents with specific dates, locations, what was said/done, and any witnesses] LEGAL VIOLATIONS: This conduct constitutes quid pro quo sexual harassment in violation of California Government Code Section 12940(j). [Harasser] conditioned employment benefits on my submission to sexual advances and retaliated against me when I rejected those advances. Under FEHA, [Company Name] is strictly liable for sexual harassment by a supervisor. [Harasser]'s position as [title] with authority over my [employment decisions/daily work] makes [him/her] a supervisor under California law. HARM SUFFERED: As a result of this harassment, I have suffered: - Severe emotional distress, including anxiety, depression, and difficulty sleeping - [Medical treatment/counseling] for which I have incurred expenses of $[amount] - [Lost wages/demotion/lost opportunities] resulting in economic damages of $[amount] - Damage to my professional reputation and career prospects - Hostile work environment making it impossible to perform my job effectively PRIOR REPORTS: [If applicable: On [Date], I reported this harassment to [HR/Manager name]. Describe response or lack thereof. OR: I have not previously reported this harassment because I feared retaliation given [Harasser]'s position of authority.] DEMANDS: I demand the following within fourteen (14) days of your receipt of this letter: 1. Immediate cessation of all harassment and contact between [Harasser] and me 2. Investigation by an independent, qualified investigator 3. Appropriate disciplinary action against [Harasser], up to and including termination 4. Restoration of my position, responsibilities, and positive performance record 5. Compensation for emotional distress, medical expenses, and economic losses in the amount of $[amount] 6. Written assurance that no retaliation will occur against me for making this complaint CONSEQUENCES OF NON-COMPLIANCE: If you fail to respond to this letter and satisfy my demands within fourteen (14) days, I will: - File a formal complaint with the California Civil Rights Department (CRD) - Pursue a civil lawsuit seeking all available damages, including punitive damages - Seek recovery of attorney fees and costs as permitted under FEHA I reserve all rights to pursue additional legal remedies available to me under state and federal law. Sincerely, [Your Signature] [Your Printed Name] cc: Personal file
Sample 2: Hostile Work Environment (Non-Sexual)
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL AND EMAIL [CEO/HR Director Name] [Company Name] [Company Address] [City, CA ZIP] RE: Formal Complaint and Demand Regarding Hostile Work Environment Harassment Employee: [Your Name] Protected Characteristic: [Race/Religion/Age/Disability/National Origin/etc.] Dear [CEO/HR Director Name]: I am writing to formally complain about hostile work environment harassment I have experienced at [Company Name] based on my [protected characteristic]. I demand that you immediately investigate this harassment, take corrective action, and compensate me for the harm I have suffered. EMPLOYMENT INFORMATION: - Position: [Your Job Title] - Department: [Department] - Employment Period: [Start Date] to Present - Harasser(s): [Name(s) and Title(s)] NATURE OF HARASSMENT: I have been subjected to a hostile work environment based on my [protected characteristic - e.g., race, religion, national origin, age, disability]. The harassment has been ongoing since approximately [Date] and consists of [pervasive pattern of conduct/severe incidents]. SPECIFIC INCIDENTS: [Date]: [Harasser Name] made the following comment to me in front of coworkers: "[exact quote]." This comment was offensive because [explain connection to protected characteristic]. [Date]: [Harasser Name] [describe conduct - displayed offensive material, made derogatory jokes, excluded from meetings, etc.]. Specifically, [provide details]. [Date]: During a team meeting attended by [names], [Harasser] said "[exact quote]" and [describe any accompanying conduct]. [Date]: I discovered [offensive material - email, image, note, etc.] that [Harasser] had [created/distributed/displayed]. [Describe content and why it was offensive]. [Continue with additional incidents - include dates, locations, what was said/done, witnesses, and how each incident relates to your protected characteristic] PATTERN OF HARASSMENT: These incidents are not isolated but constitute a pervasive pattern of harassment that has created a hostile work environment. The conduct has been [frequent - occurring approximately X times per week/month] and has [escalated/continued unabated] over time. LEGAL VIOLATIONS: This conduct violates California Government Code Section 12940(j), which prohibits harassment based on [protected characteristic]. The harassment has been sufficiently severe and pervasive to alter the conditions of my employment and create an abusive working environment. [If supervisor harassment]: As [Harasser] is a supervisor with authority over [my employment/daily work activities], [Company Name] is strictly liable for this harassment under California law. [If co-worker harassment]: I reported this harassment to [HR/management] on [Date], and the company failed to take prompt and appropriate corrective action. Alternatively, the harassment was so open and obvious that management knew or should have known about it. HARM SUFFERED: As a direct result of this hostile work environment, I have experienced: - Severe emotional distress, including [anxiety, depression, humiliation, fear, difficulty concentrating] - Physical symptoms including [headaches, insomnia, loss of appetite, etc.] - [Medical/psychological treatment] at a cost of $[amount] - Decreased job performance and inability to advance in my career - [Lost wages, if applicable: I was forced to [take leave/resign/accept demotion] resulting in $[amount] in lost income] PRIOR COMPLAINTS: [If applicable: On [Date], I reported this harassment to [Name in HR/Management]. I was told [describe response]. Despite this report, the harassment has [continued/escalated]. No effective corrective action was taken. OR: I did not previously report this harassment because [fear of retaliation/harasser is in position of authority/no HR department/etc.]] DEMANDS: I demand the following within fourteen (14) days: 1. A thorough, impartial investigation of my complaints by a qualified investigator 2. Immediate cessation of all harassment based on my [protected characteristic] 3. Appropriate disciplinary action against [Harasser(s)] 4. Workplace training on harassment prevention as required by SB 1343 5. Compensation in the amount of $[amount] for emotional distress and other damages 6. Written confirmation that you will not retaliate against me for making this complaint CONSEQUENCES: If you fail to adequately respond to this complaint within fourteen (14) days, I will file a complaint with the California Civil Rights Department and pursue all available legal remedies, including a civil lawsuit seeking compensatory damages, punitive damages, and attorney fees. I also reserve the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964. Sincerely, [Your Signature] [Your Printed Name] cc: Personal file
Sample 3: Supervisor Harassment with Retaliation
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL AND EMAIL [CEO Name] [Company Name] [Company Address] [City, CA ZIP] RE: Formal Complaint Regarding Supervisor Harassment and Retaliation Employee: [Your Name] Harassing Supervisor: [Supervisor Name and Title] Dear [CEO Name]: I am writing to formally report harassment and retaliation by my supervisor, [Supervisor Name], in violation of the California Fair Employment and Housing Act (FEHA). I demand immediate corrective action and compensation for the substantial harm I have suffered. EMPLOYMENT BACKGROUND: - Position: [Your Job Title] - Department: [Department] - Employment Period: [Start Date] to Present - Direct Supervisor/Harasser: [Supervisor Name and Title] SUPERVISOR HARASSMENT: Beginning on approximately [Date], my supervisor [Supervisor Name] began subjecting me to harassment based on my [protected characteristic]. As my direct supervisor with authority to [assign work, evaluate performance, recommend promotions/discipline, etc.], [he/she] is a supervisor under California law, making [Company Name] strictly liable for [his/her] harassment. SPECIFIC INCIDENTS OF HARASSMENT: [Date]: [Supervisor] [describe first significant incident - what was said/done, where it occurred, who witnessed it]. [Date]: [Supervisor] [describe second incident with specific details, quotes, witnesses]. [Date]: During my performance review, [Supervisor] made comments about my [protected characteristic], stating "[exact quote]." [He/She] then gave me a [negative rating/low score] despite my [describe positive performance metrics/achievements]. [Date]: [Supervisor] [describe additional incident]. [Continue with additional dated incidents] MY REPORT TO HUMAN RESOURCES: On [Date], I reported [Supervisor]'s harassment to [HR Representative Name] in Human Resources. I provided [describe what you told HR - verbal complaint, written statement, specific incidents mentioned]. I was told [describe HR's response]. RETALIATION FOLLOWING MY COMPLAINT: Within [time period] of my harassment complaint, [Supervisor] and/or [Company Name] retaliated against me in the following ways: [Date]: [Describe first retaliatory action - changed schedule, removed from project, negative feedback, isolation from team, etc.] [Date]: [Describe second retaliatory action with specific details] [Date]: [Describe additional retaliation] This retaliation violates Government Code Section 12940(h), which prohibits retaliation against employees who report harassment or participate in harassment investigations. EMPLOYER'S FAILURE TO PREVENT/CORRECT: Despite my complaint on [Date], [Company Name] failed to: - Conduct a prompt and thorough investigation - Take appropriate corrective action against [Supervisor] - Protect me from retaliation - [Other failures - e.g., failed to separate me from harasser, failed to follow up, etc.] [If applicable]: I understand that [Company Name] has failed to provide harassment prevention training as required by SB 1343. This failure demonstrates [Company Name]'s disregard for its legal obligations to maintain a harassment-free workplace. DAMAGES: As a result of [Supervisor]'s harassment and [Company Name]'s failure to address it, I have suffered: Emotional Distress: - Severe anxiety and depression requiring treatment by [therapist/psychiatrist] - [Other emotional symptoms - insomnia, panic attacks, fear, humiliation] - Ongoing psychological treatment costing approximately $[amount] Economic Damages: - [If applicable: Lost wages from [forced resignation/constructive discharge/demotion] - $[amount]] - [If applicable: Lost promotion/bonus opportunity - $[amount]] - Medical expenses for treatment - $[amount] Career Harm: - Damage to professional reputation - Lost career advancement opportunities - [Constructive discharge if you resigned due to intolerable conditions] LEGAL BASIS: [Company Name] has violated California Government Code Sections 12940(j) (harassment) and 12940(h) (retaliation). Under California law: 1. [Company Name] is strictly liable for [Supervisor]'s harassment because [he/she] is a supervisor with authority over my employment. 2. [Company Name] is liable for failing to take reasonable steps to prevent harassment and for failing to take prompt, appropriate corrective action after I reported it. 3. [Company Name] is liable for the retaliation I suffered after reporting harassment, which is independently actionable under FEHA. DEMANDS: I demand the following within fourteen (14) calendar days: 1. Immediate termination of [Supervisor] or, at minimum, removal of [his/her] supervisory authority over me 2. Reversal of all retaliatory actions, including [specific actions to reverse] 3. Compensation for all damages, including emotional distress and economic losses: $[total amount] 4. Written assurance that I will suffer no further retaliation 5. Implementation of company-wide harassment training as required by law CONSEQUENCES OF NON-COMPLIANCE: If you fail to respond adequately within fourteen (14) days, I will: 1. File a complaint with the California Civil Rights Department (CRD) seeking investigation and prosecution 2. File a civil lawsuit in Superior Court seeking compensatory damages, punitive damages (appropriate given the malicious conduct and failure to correct), and attorney fees 3. Pursue any other remedies available under state and federal law Given the severity of the harassment, [Company Name]'s failure to correct it, and the retaliation I have suffered, punitive damages are appropriate and will be sought if this matter proceeds to litigation. Time is of the essence. I expect a substantive response within fourteen (14) days. Sincerely, [Your Signature] [Your Printed Name] cc: [Company General Counsel, if known] Personal file
Enforcement and Remedies
CRD (Civil Rights Department) Right-to-Sue Process
Administrative Prerequisite: Before filing a harassment lawsuit in California court under FEHA, you must first file a complaint with the Civil Rights Department (CRD, formerly DFEH) and obtain a right-to-sue notice. However, you can request an immediate right-to-sue notice without waiting for CRD to investigate.

How to File with CRD:

  • Online: File at calcivilrights.ca.gov
  • Phone: Call (800) 884-1684
  • Mail: Submit complaint form to nearest CRD office
  • Deadline: Within 3 years of the harassment (under AB 9)

Right-to-Sue Options:

Option Process Timeline
Immediate Right-to-Sue Request immediate right-to-sue notice when filing complaint CRD issues notice within days; you can file lawsuit immediately
CRD Investigation Let CRD investigate your complaint Can take 1-2+ years; CRD may mediate, issue accusation, or close case
Automatic Right-to-Sue If CRD doesn't complete investigation within 1 year, you can request right-to-sue 1 year after filing
One-Year Deadline: Once you receive your right-to-sue notice from CRD, you must file your lawsuit in Superior Court within ONE YEAR. This deadline is strictly enforced.
Available Remedies Under FEHA

Successful harassment plaintiffs can recover:

Remedy Type Description
Compensatory Damages Emotional distress, mental anguish, humiliation, loss of enjoyment of life (no cap)
Economic Damages Lost wages, lost benefits, medical expenses, future earning capacity
Punitive Damages Additional damages to punish employer for malice, fraud, or oppression (no cap in California)
Reinstatement Return to former position if terminated
Injunctive Relief Court order requiring employer to stop harassment, implement training, change policies
Attorney Fees Prevailing plaintiff recovers reasonable attorney fees from defendant
No Damages Cap: Unlike federal law (Title VII), California FEHA has no cap on compensatory or punitive damages. Jury verdicts in harassment cases can reach into the millions of dollars for severe cases.
Punitive Damages Standards

Punitive damages are available when the employer's conduct was:

  • Malice: Intent to injure or despicable conduct with willful disregard of rights
  • Oppression: Despicable conduct subjecting plaintiff to cruel, unjust hardship
  • Fraud: Intentional misrepresentation or concealment

Evidence supporting punitive damages:

  • Employer knew of harassment and failed to act
  • Employer retaliated against employee for reporting
  • No harassment prevention training provided
  • Pattern of similar harassment against other employees
  • Management participated in or condoned harassment
Filing Options
Forum Best For Key Considerations
CRD Complaint Only Free investigation; smaller claims; when you don't want to hire attorney No cost; CRD investigates; can take years; limited remedies
California Superior Court Larger claims; jury trial; full damages; represented by attorney Must get right-to-sue first; no damages cap; attorney fees recoverable
Federal Court (Title VII) When employer has 15+ employees; want federal forum Must file with EEOC first; damages capped; faster process
Arbitration When bound by arbitration agreement Private; limited discovery; arbitrator decides; may be required by contract
Timeline for Harassment Claims
Stage Deadline/Timeframe
File CRD Complaint Within 3 years of harassment (AB 9)
File EEOC Complaint (federal) Within 300 days of harassment
Receive Right-to-Sue Immediate upon request, or after CRD investigation
File Lawsuit (state court) Within 1 year of right-to-sue notice
File Lawsuit (federal) Within 90 days of EEOC right-to-sue
Trial Typically 1-2 years after filing lawsuit

Related Employment Resources

Attorney Services
Experienced Representation for Harassment Claims

I represent California employees who have experienced workplace harassment. Whether you're facing sexual harassment, a hostile work environment, or retaliation for reporting misconduct, I can help you hold your employer accountable and recover the compensation you deserve.

How I Can Help
  • Case Evaluation: I review your situation, assess the strength of your claims, and advise on the best strategy
  • Demand Letter Drafting: I draft comprehensive demand letters that effectively present your claims and maximize settlement value
  • CRD Complaints: I prepare and file complaints with the Civil Rights Department and obtain right-to-sue notices
  • Settlement Negotiations: I negotiate aggressively with employers and their attorneys to achieve favorable settlements
  • Litigation: If settlement isn't possible, I file lawsuits and represent clients through trial
  • Retaliation Protection: I advise on how to document retaliation and pursue additional claims when employers retaliate
Cases I Handle
  • Sexual harassment (quid pro quo and hostile environment)
  • Hostile work environment based on race, national origin, religion, age, disability, or other protected characteristics
  • Supervisor harassment with strict employer liability
  • Co-worker harassment where employer failed to act
  • Retaliation for reporting harassment or participating in investigations
  • Failure to prevent harassment
  • Failure to investigate harassment complaints
  • Constructive discharge due to intolerable harassment
Contingency Fee Representation
No Upfront Costs: I handle harassment cases on a contingency fee basis - you pay nothing unless we recover money for you. Under FEHA, prevailing plaintiffs can recover attorney fees from the employer, which means my fees are often paid by the defendant rather than coming out of your recovery.
When to Contact an Attorney
Consider consulting an attorney if:
  • You have experienced sexual harassment or assault at work
  • You are facing a hostile work environment based on a protected characteristic
  • Your employer failed to investigate or address your harassment complaint
  • You were retaliated against for reporting harassment
  • You were fired, demoted, or forced to quit due to harassment
  • You are experiencing emotional distress requiring medical treatment
  • Multiple employees are experiencing similar harassment (potential pattern and practice case)
  • Your employer is large enough to pay substantial damages
Schedule a Consultation

Book a confidential consultation to discuss your harassment claim. I'll review your situation, explain your options, and help you decide the best path forward.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
Under AB 9 (effective January 1, 2020), you have three years from the date of the harassment to file a complaint with the California Civil Rights Department (CRD, formerly DFEH). This is significantly longer than the federal deadline of 180-300 days for Title VII claims. Once you receive a right-to-sue notice from CRD, you have one year to file a lawsuit in court. The continuing violation doctrine may extend your deadline if the harassment is ongoing.
Quid pro quo harassment occurs when someone in authority conditions job benefits (hiring, promotion, raises) on sexual favors, or retaliates for refusing sexual advances. It's "this for that." Hostile work environment harassment is unwelcome conduct based on a protected characteristic (sex, race, religion, etc.) that is severe or pervasive enough to alter working conditions and create an abusive environment. While quid pro quo requires a link between sexual demands and employment decisions, hostile environment focuses on the overall work atmosphere.
Your employer can be liable for co-worker harassment if they knew or should have known about the harassment and failed to take prompt, appropriate corrective action. You should report the harassment to HR or management to establish that the employer had knowledge. If the harasser is a supervisor with authority over your employment, the employer is strictly liable regardless of whether they knew about it. This is a key difference under California law.
Retaliation for reporting harassment is independently illegal under Government Code Section 12940(h). If you experience adverse actions (termination, demotion, schedule changes, hostility) after reporting harassment, you have a separate retaliation claim. Retaliation claims are often stronger than the underlying harassment claim because the connection between your complaint and the adverse action is usually clear. Document everything and report retaliation immediately.
The value of a harassment claim depends on several factors: severity and duration of the harassment, your emotional distress and need for treatment, economic damages (lost wages, medical expenses), the strength of your evidence, the harasser's position, and the employer's response to your complaints. California has no cap on damages for FEHA claims. Verdicts can range from tens of thousands to millions of dollars. Punitive damages are available if the employer acted with malice or reckless disregard for your rights.
While you can file a CRD complaint and pursue a claim without an attorney, having experienced legal representation significantly improves your chances of success and the value of your recovery. Harassment cases involve complex legal standards, require careful documentation and presentation of evidence, and often involve aggressive defense by employer attorneys. Most harassment attorneys work on contingency (no fee unless you win), and attorney fees can be recovered from the employer, making legal representation accessible.
Yes, under California FEHA, individual harassers can be held personally liable for their harassing conduct. This is different from federal Title VII, which generally does not allow personal liability. While employers typically have more resources to pay damages, naming the individual harasser as a defendant can provide additional leverage in settlement negotiations and ensure the harasser faces personal consequences for their conduct.

California Workplace Harassment: Know Your Rights

California's Fair Employment and Housing Act (FEHA) provides some of the strongest workplace harassment protections in the nation. Under Government Code Section 12940(j), employers are prohibited from harassing employees based on protected characteristics including sex, race, religion, national origin, age, disability, and sexual orientation. California law holds employers strictly liable for supervisor harassment and requires employers to take immediate action to prevent and correct harassment.

Types of Workplace Harassment

Extended Filing Deadline Under AB 9

Assembly Bill 9, effective January 1, 2020, extended the deadline to file a harassment complaint with the Civil Rights Department from one year to three years. This gives victims significantly more time to come forward and pursue their claims. Once you receive a right-to-sue notice, you have one year to file a lawsuit in court.

Related Resources

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