Sexual harassment in the workplace remains alarmingly common despite being illegal under both California's Fair Employment and Housing Act (FEHA) and federal Title VII. Many victims stay silent out of fear of retaliation, losing their job, or not being believed. But California law provides some of the strongest protections in the nation — and you have more rights than you may realize.

Two Types of Sexual Harassment

Quid Pro Quo ("This for That")

This occurs when a person in authority — a supervisor, manager, or executive — conditions employment benefits (hiring, promotion, raises, favorable assignments, continued employment) on the employee's submission to sexual advances or demands. It also occurs when an employee is punished, demoted, or terminated for rejecting such advances. Under California law, a single incident of quid pro quo harassment is sufficient to establish a claim.

Hostile Work Environment

This exists when unwelcome sexual conduct is so severe or pervasive that it alters the conditions of employment and creates an abusive or intimidating atmosphere. Examples include unwanted touching, groping, or physical contact; sexually explicit comments, jokes, or innuendo; displaying sexually suggestive images or materials; persistent unwanted requests for dates or sexual favors; sexual gestures, leering, or staring; sharing sexually explicit messages or images electronically; and gender-based bullying, ridicule, or hostility.

California courts evaluate hostile work environment claims from the perspective of a reasonable person in the victim's position, taking into account the totality of the circumstances.

Who Can Be Held Liable?

• Employers are strictly liable for sexual harassment committed by supervisors — regardless of whether the employer knew about the harassment
• For harassment by coworkers or third parties (customers, vendors, clients), the employer is liable if they knew or should have known about the harassment and failed to take prompt, effective corrective action
• Individual harassers can be held personally liable under FEHA
• FEHA applies to all employers with 5 or more employees — and for harassment claims specifically, it applies to employers with even 1 employee

California's Expanded Protections

• A single severe incident can establish a hostile work environment — California does not necessarily require a pattern of conduct
• Harassment does not need to be motivated by sexual desire — gender-based hostility qualifies
• Witnesses to harassment may also have claims if they were affected by the hostile environment
• The harasser and victim can be the same sex
• Employers must provide sexual harassment prevention training to all supervisors (2 hours) and non-supervisory employees (1 hour) within 6 months of hire and every 2 years thereafter (SB 1343)

Steps to Take If You're Being Harassed

• Document everything — write down dates, times, locations, what was said or done, and who witnessed it. Save emails, texts, photos, and any other evidence.
• Report internally — file a written complaint with HR or management if your company has a reporting procedure. Keep a copy for your records.
• Do not resign impulsively — quitting before consulting an attorney can affect your claim. Talk to a lawyer first.
• File with the CRD — you must file with the California Civil Rights Department within three years of the harassment. After receiving a right-to-sue notice, you have one year to file a civil lawsuit.
• Contact an attorney — an experienced employment lawyer can protect your rights, preserve evidence, and guide you through the process confidentially.

Damages Available

• Lost wages and benefits (back pay and front pay)
• Emotional distress damages — often substantial in harassment cases
• Punitive damages against the employer and individual harasser
• Attorney fees and costs
• Injunctive relief requiring workplace policy changes

You do not have to suffer in silence. Call Khehra Law Corporation at (661) 383-9387 for a free, confidential consultation. Hablamos Español: (661) 669-7362.

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