Grievances · Sexual Harassment

Can I Sue My Employer for Sexual Harassment in California? The 5 Elements That Decide Most Claims

California's harassment law is broader than federal law in several ways, but a claim still has to meet certain requirements. Here is what they are, in plain language.

Quick answer: yes, California employees can sue for sexual harassment under the Fair Employment and Housing Act, typically after filing with the Civil Rights Department and obtaining a right-to-sue notice. Most claims turn on the five elements below. If you believe several apply to you, California workplace harassment attorneys at LFECR can review your facts at no cost.

Element 1

You Are Protected Under FEHA

California employees have rights under the Fair Employment and Housing Act. Unlike FEHA's discrimination rules, its harassment protections cover employers of every size. They extend to employees, applicants, unpaid interns, volunteers, and in many cases contractors.

Ask yourself: Did this happen in connection with a job, internship, or application in California?

Element 2

The Conduct Was Based on Sex

Sexual harassment is a form of workplace harassment under FEHA. LFECR's glossary describes workplace harassment as unwanted conduct tied to a protected characteristic. For sexual harassment, that characteristic is sex, which California defines to include gender, pregnancy, and related conditions. Harassment based on gender identity or sexual orientation is also prohibited.

Two common forms:

Quid pro quoA job benefit, such as a promotion, shift, or keeping your job, is tied to accepting sexual conduct.
Hostile work environmentUnwelcome sex-based conduct makes the workplace intimidating, hostile, or offensive.
Element 3

The Conduct Was Unwelcome

Harassment law is concerned with conduct you did not invite or want. Going along with something out of fear for your job does not make it welcome. Saying no, avoiding the person, or complaining are all evidence that it was unwelcome, but a claim does not depend on having confronted the harasser.

Element 4

Workplace Harassment May Create a Hostile Work Environment

For hostile environment claims, the harassment must be severe or pervasive enough that a reasonable person in your position would find the work environment hostile or abusive. The LFECR glossary explains the hostile work environment standard and how courts look at the full picture.

A single incident can be enough

Since 2019, California law has stated that one incident of harassing conduct can be sufficient if it unreasonably interfered with work performance or created an intimidating, hostile, or offensive environment. Employees also do not have to show that their productivity declined.

For a closer look at this type of claim, see LFECR's page on hostile work environment cases.

Element 5

The Employer Can Be Held Responsible

Employer liability depends on who harassed you:

A supervisorThe employer is generally strictly liable under FEHA, even if no one reported it.
A coworker, customer, or vendorThe employer may be liable if it knew or should have known and failed to take immediate, appropriate corrective action.

Separately, an employee who harasses a coworker can be held personally liable under FEHA.

Protected Activity Includes Reporting Workplace Harassment or Discrimination

Filing a grievance about harassment is legally protected. Under FEHA, an employer may not retaliate against you for:

  • Complaining to HR, a manager, or through a hotline
  • Supporting a coworker's complaint or serving as a witness
  • Filing a complaint with the Civil Rights Department or EEOC
  • Participating in an investigation or lawsuit

If you were demoted, cut from the schedule, or fired after reporting, you may have a retaliation claim in addition to the harassment claim.

How LFECR Handles Harassment Claims

Lawyers for Employee and Consumer Rights represents California employees in sexual harassment, hostile work environment, and retaliation matters.

  • Client sideEmployees only; never employers
  • FeesContingency; no fee unless there is a recovery
  • ReachBurbank headquarters, statewide representation
  • LeadershipRobert Ebert Byrnes, Managing Partner and Head of Litigation

Deadlines matter: FEHA complaints generally must be filed with the Civil Rights Department within three years of the conduct, and a lawsuit generally must follow within one year of a right-to-sue notice.

This guide provides general information about California employment law and is not legal advice. It does not create an attorney-client relationship. Whether a claim exists depends on specific facts, filing deadlines apply, and no outcome is guaranteed. Speak with a qualified California employment attorney.