Sexual Harassment Reporting FAQ

To report sexual harassment in California, you should follow your employer's internal complaint procedure outlined in their anti-harassment policy, which employers with 5 or more employees must provide under Government Code Section 12950. Submit a written complaint to HR, your supervisor (unless they are the harasser), or the designated complaint recipient identified in the policy. Document the harassment with specific dates, times, locations, witnesses, and descriptions of incidents before reporting.

Written complaints are strongly preferable to verbal reports because they create documented evidence that you reported harassment, establish the specific details of what you reported, and protect against disputes about whether you actually reported or what you said. Email your complaint or hand-deliver a written complaint and request a signed receipt acknowledging the employer received it. Keep copies of all communications for your records.

If your employer lacks a formal complaint procedure, or if the procedure is unclear, report harassment to Human Resources or the highest-level manager or executive you feel comfortable approaching. Make clear that you are formally complaining about sexual harassment, not just venting or seeking informal advice. Use language like "I am filing a sexual harassment complaint" or "I am reporting sexual harassment under company policy and California law" to ensure your communication is recognized as a formal complaint triggering the employer's duty to investigate.

California employers with 5 or more employees must provide harassment training and have written policies prohibiting harassment. These policies must include complaint procedures and identify how employees can report harassment. If you have not received this policy, request it from HR. The policy should provide multiple reporting options so you can bypass your direct supervisor if needed. Follow the policy's procedures, but know that even if you do not follow procedures perfectly, the employer still has a duty to investigate once they have notice of potential harassment.

While you are not legally required to report harassment through internal channels before filing a lawsuit, you must file a complaint with the California Civil Rights Department (CRD, formerly DFEH) or federal Equal Employment Opportunity Commission (EEOC) before filing in court. This administrative exhaustion requirement gives government agencies opportunity to investigate, mediate, or conciliate the dispute before litigation. However, reporting internally first can strengthen your case significantly.

Reporting internally can benefit you by creating documented evidence of harassment and your complaint, demonstrating that you took the situation seriously and gave the employer opportunity to remedy it, potentially stopping the harassment through employer intervention, protecting you from retaliation (adverse action after reporting can constitute illegal retaliation), and potentially strengthening damages claims if the employer fails to act appropriately. Courts may view internal reporting favorably as evidence of the harassment's impact and your diligence.

For hostile work environment claims (as opposed to quid pro quo harassment), internal reporting can affect employer liability. If you do not report harassment by coworkers and the employer did not otherwise know about it, the employer may avoid liability by showing it had no notice of the harassment. By reporting, you put the employer on notice and trigger its duty to investigate and remedy the situation. If the employer then fails to act appropriately, liability is clearer.

However, there are situations where immediate external reporting may be appropriate without first reporting internally: when the harasser is the owner or highest-level executive with no higher authority to report to, when you reasonably fear that internal reporting will result in retaliation or termination, when the employer has a pattern of ignoring harassment complaints, or when harassment is so severe that you need to leave the job immediately for your safety. In these situations, proceed directly to the CRD or EEOC and consult an employment attorney about your specific circumstances.

A comprehensive harassment complaint should include your name and contact information, the harasser's name and position, detailed description of each harassment incident with specific dates, times, and locations, exact quotes of what was said or detailed description of actions, names of witnesses who saw or heard the harassment, any documentary evidence like emails or texts, explanation of how the harassment affected your work and well-being, and a clear statement that you are requesting investigation and corrective action.

Specificity is crucial for effective investigations. Rather than stating "John harassed me multiple times," describe each incident: "On January 15, 2025, at approximately 2pm in the break room, John approached me and said 'That dress makes you look sexy.' Jane Smith was present and heard this comment. On January 20, 2025, John sent me a text message at 8pm saying 'I can't stop thinking about your body,' attached as Exhibit A." This level of detail enables investigators to assess what occurred, interview witnesses, and evaluate the severity and pervasiveness of conduct.

Include how the harassment impacted you personally and professionally. Explain if you experienced anxiety, difficulty sleeping, trouble concentrating at work, reduced productivity, avoidance of certain work areas or meetings, or sought medical or therapeutic treatment. Describe any adverse employment consequences such as missed opportunities, damaged reputation, or hostile treatment from the harasser or others. This information demonstrates the harassment's effect and supports potential damages claims.

Be truthful and accurate in your complaint. False allegations can have serious consequences including potential defamation liability and termination for making false statements. However, honest complaints made in good faith are protected even if investigation does not substantiate all allegations. It is better to acknowledge uncertainty ("I believe John may have said X but I am not completely certain of the exact words") than to embellish or exaggerate. Stick to facts you personally observed or experienced, and clearly distinguish between what you know firsthand versus what others told you.

California law requires employers to take immediate and appropriate corrective action upon receiving a harassment complaint. This includes conducting a prompt, thorough, and impartial investigation, interviewing the complainant, alleged harasser, and relevant witnesses, reviewing documentary evidence, making credibility assessments when accounts conflict, reaching a conclusion based on preponderance of evidence, and implementing effective remedial measures if harassment occurred or if investigation is inconclusive but risk exists.

A thorough investigation involves more than cursory questioning. Employers must interview all relevant witnesses, not just the complainant and alleged harasser. They should review pertinent documents including emails, texts, personnel files, and workplace surveillance footage if available. Investigators should ask detailed, open-ended questions, not simply accept denials at face value. The investigation should be conducted by someone with proper training, without conflicts of interest, and with authority to make or recommend remedial action.

Remedial action must be reasonably calculated to end the harassment and prevent future harassment. Appropriate responses vary based on severity but may include disciplining the harasser (verbal warning, written warning, suspension, demotion, or termination depending on severity), separating the harasser and victim (changing shifts, reassigning work areas, or modifying reporting relationships), monitoring the situation to ensure harassment does not recur, providing additional harassment training, and taking steps to remedy the complainant's losses if possible. Simply telling the harasser to stop or conducting training without other action is generally insufficient.

The employer must inform you of the investigation outcome, though they are not required to disclose all details of disciplinary action taken against the harasser due to privacy concerns. However, they should confirm whether harassment was substantiated and what general steps were taken to address it. If you are told the investigation was inconclusive or harassment was not substantiated, you can ask for more information about why, though the employer may limit details to protect confidentiality. Failure to communicate results or to take effective action can constitute failure to prevent harassment under Government Code Section 12940(k).

While some employers allow anonymous harassment reports through hotlines or online systems, anonymous reporting presents practical challenges for investigation and resolution. Employers need to interview complainants to gather specific information about incidents, assess credibility when accounts conflict, provide updates on investigation progress, and implement remedies that protect complainants from retaliation. Without knowing the complainant's identity, employers may struggle to conduct thorough investigations or determine appropriate remedies.

However, you can request confidentiality, which differs from anonymity. When requesting confidentiality, you identify yourself to investigators but request that your identity be shared only with those who need to know to conduct the investigation and implement remedies. California law requires employers to keep investigations as confidential as possible, though complete confidentiality cannot be guaranteed because the alleged harasser typically must be informed of allegations to respond, and witnesses may need to know who made the complaint.

When you request confidentiality, explain your concerns to the investigator. If you fear retaliation, emphasize this so the employer can take steps to monitor for and prevent retaliation. Know that anti-retaliation laws protect you regardless of confidentiality, and any adverse action following a harassment complaint raises strong inference of retaliation. Employers who retaliate against complainants face serious legal liability under Government Code Section 12940(h).

If you are considering anonymous reporting because you fear retaliation or termination, consider instead documenting your concerns in a confidential report and explicitly stating your fear of retaliation. This creates a record that protects you if retaliation occurs, and it alerts the employer to monitor the situation carefully. Alternatively, consult an employment attorney about whether reporting directly to the California Civil Rights Department might be more appropriate for your situation, as external agency complaints receive strong retaliation protections.

Critical evidence includes written communications showing harassment such as emails, text messages, social media direct messages, letters, or workplace chat messages; contemporaneous notes or journal entries documenting each incident with dates, times, locations, what was said or done, and witnesses present; witness names and contact information for anyone who saw, heard, or was told about the harassment; performance evaluations and work records showing changes after harassment began; photographs of offensive materials, graffiti, or inappropriate items displayed in the workplace; medical or counseling records if you sought treatment for harassment-related stress, anxiety, or depression; and copies of company policies on harassment and reporting procedures.

Contemporary documentation is particularly valuable because it is created at or near the time of incidents, before memories fade and before bias from ongoing litigation could influence recollections. As soon as possible after each harassment incident, write down exactly what happened including date, time, location, exactly what was said (in quotes if possible), what actions were taken, who was present, and how you responded. Include how the incident made you feel and any physical reactions like shaking, crying, or inability to concentrate. Save these notes in a secure location outside of work systems.

Preserve electronic evidence immediately. Forward harassing emails or texts to your personal email account, take screenshots of social media messages or workplace chat systems, and back up any electronic communications that evidence harassment. Be aware that workplace email and computer systems belong to the employer, so they could be deleted or you could lose access if you are terminated. Create backup copies in locations you control. If harassment involves voicemails, save them and consider having them transcribed.

Identify potential witnesses even if you do not contact them directly. Anyone who witnessed harassment, overheard comments, saw you visibly upset after incidents, or to whom you contemporaneously reported what happened can be valuable witnesses. Write down their names and contact information. Coworkers who experienced similar harassment from the same person can establish a pattern. Even witnesses who did not see specific harassment but can testify about changes in the harasser's treatment of you, your emotional state, or your work performance can support your claims.

If your supervisor is the harasser, report to Human Resources, a higher-level manager or executive above your supervisor, the person designated in your employer's anti-harassment policy as the complaint recipient, your company's ethics hotline if one exists, or directly to the California Civil Rights Department (CRD) or EEOC. California law requires employers to provide alternative reporting channels so employees can bypass their direct supervisor when necessary.

Review your employer's anti-harassment policy to identify designated complaint recipients. California Government Code Section 12950 requires employers with 5 or more employees to distribute written policies identifying complaint procedures and recipients. These policies should provide multiple reporting options specifically to address situations where the direct supervisor is the problem. If the policy only lists your supervisor as the complaint recipient, report to the next level of management or HR.

Human Resources departments typically handle harassment complaints and should have personnel trained in conducting investigations. When reporting to HR, make clear that you are filing a formal sexual harassment complaint against your supervisor, not merely seeking advice or discussing a workplace conflict. Use explicit language like "I am formally reporting sexual harassment by my supervisor" to ensure your complaint is taken seriously and triggers the employer's duty to investigate.

If your supervisor is a high-level executive, owner, or sole proprietor with no higher authority to report to, your options include reporting to the board of directors if the company has one, reporting to HR if it is independent from the harassing executive, or reporting directly to external agencies like the CRD or EEOC. In small companies where the owner is the harasser and no effective internal complaint mechanism exists, external reporting may be your only realistic option. Consult an employment attorney about the most strategic approach for your specific situation.

While California law does not specify an exact timeframe, employers must conduct investigations promptly. Most employment law experts recommend completing investigations within 30 days for straightforward cases, though complex investigations involving many witnesses, extensive documentary evidence, or unavailable witnesses may take longer. Unreasonable delays can constitute failure to take appropriate corrective action and expose employers to liability, especially if harassment continues during prolonged investigations.

Promptness is evaluated based on the totality of circumstances. Factors courts consider include the complexity of the allegations, the number of witnesses, the availability of key participants, the amount of documentary evidence to review, and whether the employer took interim protective measures during the investigation. An employer that immediately separates the harasser and complainant while conducting a six-week investigation may be acting promptly, while an employer that takes no protective measures and allows harassment to continue for months while investigating demonstrates unreasonable delay.

You have the right to periodic updates on investigation status. If weeks pass without communication, send a written inquiry asking about the investigation's status and expected completion date. Document these inquiries and any responses or non-responses. Prolonged silence may indicate the employer is not taking the complaint seriously, which could support claims for failure to prevent harassment or retaliation if you subsequently face adverse action.

If harassment continues during the investigation, report this immediately. The employer should take interim protective measures such as temporary separation of the parties, modified supervision, or direct instruction to the alleged harasser to cease all contact with you pending investigation outcome. Failure to take such interim measures while allowing ongoing harassment can constitute negligence and independent failure to prevent harassment under Government Code Section 12940(k).

If your employer fails to investigate or take corrective action after you report harassment, document this failure with follow-up emails or letters requesting updates on the investigation, noting continued harassment if applicable, reiterating your request for corrective action, and creating a clear record of the employer's inaction. File a complaint with the California Civil Rights Department (CRD) or EEOC, which will investigate and may mediate or issue a right-to-sue notice enabling you to file a lawsuit. Consider consulting an employment attorney to evaluate legal claims for harassment and failure to prevent harassment.

Send follow-up communications in writing via email to create documented evidence. For example: "I filed a harassment complaint on [date] regarding [brief description]. It has been [X weeks/months] and I have not received any update on the investigation or any indication that corrective action has been taken. The harassment has continued, including [describe recent incidents]. I request an immediate investigation and appropriate remedial action to stop this harassment." Keep copies of all such communications.

An employer's failure to investigate or remedy harassment after receiving a complaint can constitute an independent violation of Government Code Section 12940(k), which requires employers to take all reasonable steps to prevent harassment. Even if a court later determines that the conduct did not constitute actionable harassment, the employer's failure to investigate after receiving a complaint can still be unlawful. You can pursue claims both for the underlying harassment and for failure to prevent harassment.

Consider whether the lack of response constitutes constructive discharge. If the employer's failure to address harassment makes working conditions so intolerable that a reasonable person would feel compelled to resign, you may have a constructive discharge claim in addition to harassment claims. However, consult an attorney before resigning because timing and circumstances of resignation significantly impact constructive discharge claims. Document why continued employment became impossible due to the unaddressed harassment.

Yes, you can and should report harassment you witness happening to coworkers. Third-party witnesses play crucial roles in harassment investigations by corroborating victims' accounts, demonstrating patterns of harassing behavior, providing information the victim may not know, and helping establish the pervasive nature of harassment. California employers have a duty to prevent and correct harassment even when complaints come from witnesses rather than direct victims. Reporting witnessed harassment is protected activity under retaliation laws, so employers cannot punish you for reporting harassment of others.

When reporting harassment of a coworker, provide the same detailed information you would for your own complaint: specific dates, times, locations, exactly what you saw or heard, who was involved, and how the victim appeared to react. Be clear that you are reporting as a witness, not speculating or relaying rumors. Stick to firsthand observations: "On January 15, I saw John grab Mary's waist from behind while saying 'You look good today.' Mary stepped away and said 'Don't touch me,' but John laughed and walked away." This gives investigators concrete information to pursue.

Consider informing the victim that you plan to report or have reported the harassment. While you are not required to do so, victims may appreciate knowing that witnesses are willing to come forward, and they may have additional information or concerns to share. However, respect if the victim asks you not to report. Victims sometimes have complex reasons for not wanting harassment reported, such as fear of retaliation, embarrassment, or desire to handle it differently. Balance your concerns about workplace safety with respect for the victim's autonomy.

If you witness harassment and later face retaliation for reporting it, you have strong legal claims under Government Code Section 12940(h), which prohibits retaliation against any person who has opposed practices forbidden by FEHA or has filed complaints, testified, or assisted in FEHA proceedings. Retaliation against witnesses is just as illegal as retaliation against direct victims. Document any adverse action you face following your report and consult an employment attorney if you believe you are being retaliated against for reporting witnessed harassment.