Do I need a lawyer for sexual harassment in California?

Yes, in most cases. Sexual harassment cases are complex and require filing with the Civil Rights Department (CRD) before you can sue. An attorney can guide you through this process, negotiate settlements, and litigate if necessary to maximize your recovery.

What qualifies as sexual harassment in California?

California recognizes two types: quid pro quo (job benefits conditioned on sexual favors) and hostile work environment (severe or pervasive conduct that creates an abusive workplace). Under FEHA, even a single incident can be harassment if severe enough.

How long do I have to file a sexual harassment claim in California?

You have 3 years from the last act of harassment to file with the California Civil Rights Department (CRD). After receiving a right-to-sue letter, you have 1 year to file a lawsuit. Federal EEOC claims have a 300-day deadline.

Do I Need a Sexual Harassment Lawyer?

Answer 6 quick questions to get a personalized recommendation

What type of harassment have you experienced?

Sexual assault or unwanted physical contact

Quid pro quo - job benefits/threats tied to sexual demands

Hostile environment - ongoing inappropriate comments, jokes, or behavior

Explicit images, messages, or requests

Occasional inappropriate comments that made me uncomfortable

Who was the harasser?

Supervisor, manager, or executive

Coworker at the same level

Client, customer, or vendor

Multiple people or widespread culture

Did you report the harassment to HR or management?

Yes - they ignored it or retaliated against me

Yes - they investigated but took no meaningful action

Yes - they took some action but harassment continued

No - I was afraid to report or didn't know how

No - I left before reporting

Have you suffered any adverse employment actions?

Yes - fired, demoted, or forced to quit (constructive discharge)

Yes - denied promotion, raise, or opportunities after reporting

Yes - moved to less desirable position or schedule

Some negative treatment but still employed

No adverse actions

What impact has this had on you?

Severe - anxiety, depression, PTSD, or required therapy

Significant - difficulty sleeping, stress, affecting personal life

Lost income - had to quit or missed work due to harassment

Moderate - uncomfortable at work but managing

Do you have evidence of the harassment?

Yes - texts, emails, photos, recordings, or witnesses

Some - contemporaneous notes, HR reports, or partial documentation

Limited - only my account but others witnessed it

No - it was just between me and the harasser

⚖️

You Should Consult a Sexual Harassment Attorney

Your situation involves serious harassment that warrants legal action. An employment attorney can file with the Civil Rights Department, negotiate a settlement, and pursue maximum damages for what you've endured.

Find an Employment Attorney File CRD Complaint

📋

Consider Filing with CRD First

Your situation may be addressed through the California Civil Rights Department's complaint process, which is free. However, consulting with an attorney can help you understand your options.

File CRD Complaint (Free) Find an Attorney

🤔

Get a Legal Consultation

Your case has elements that may support a claim. Many employment attorneys work on contingency.

Find an Attorney Learn About CRD Process

Sexual Harassment in California Workplaces

Need Immediate Support?

National Sexual Assault Hotline: 1-800-656-4673
California Victim Compensation Board: 1-800-777-9229

California has some of the strongest sexual harassment protections in the nation under the Fair Employment and Housing Act (FEHA). Understanding your rights can help you take action against harassment.

Types of Sexual Harassment

Type	Description
Quid Pro Quo	"This for that" - job benefits, promotions, or avoiding punishment conditioned on sexual favors
Hostile Work Environment	Conduct severe or pervasive enough to create an abusive, intimidating workplace

What Constitutes Harassment Under FEHA

Unwanted sexual advances or propositions
Sexual jokes, comments, or slurs
Displaying sexually explicit material
Unwanted touching, groping, or physical contact
Leering or sexual gestures
Requests for sexual favors
Sexually explicit texts, emails, or messages
Discussing sexual activities or spreading sexual rumors
Making offensive comments about someone's body

Important: Under California law, even a single severe incident can constitute harassment.

Employer Liability

Supervisor harassment: Employer strictly liable even without knowledge
Coworker harassment: Employer liable if they knew or should have known and failed to act
Third-party harassment: Employer may be liable if they failed to take reasonable steps

Filing a Claim

File with CRD: Required before filing lawsuit. Can request immediate right-to-sue letter.
Investigation: CRD may investigate or you can get right-to-sue letter
Right-to-Sue Letter: Allows you to file lawsuit in court
Lawsuit: File within 1 year of right-to-sue letter

Deadlines

CRD filing: 3 years from last act of harassment
EEOC filing: 300 days from last act (federal option)
Lawsuit: 1 year after receiving right-to-sue letter

Damages Available

Lost wages: Back pay and front pay
Emotional distress: Anxiety, depression, PTSD, humiliation
Punitive damages: If employer acted with malice or reckless disregard
Attorney fees: Recoverable if you win
Reinstatement: If you were terminated

Retaliation Is Illegal

It's unlawful for employers to retaliate against you for:

Reporting harassment internally
Filing a complaint with CRD or EEOC
Participating in an investigation
Opposing harassing behavior
Refusing sexual advances

Evidence to Preserve

Texts, emails, and messages from harasser
Photos or screenshots of inappropriate material
Written complaints to HR or management
Notes with dates, times, and descriptions of incidents
Witness names and contact information
Personnel file (request a copy)
Medical or therapy records showing emotional impact

Why You Need an Attorney

Navigating CRD/EEOC filing requirements
Preserving evidence and building your case
Negotiating settlements (most cases settle)
Protection against retaliation
Most attorneys work on contingency - no upfront cost

Resources

Quick Legal Tools

Free calculators to help with your case:

📅