Sexual harassment in the workplace is not only unacceptable—it’s illegal. Yet, many employees suffer in silence, unsure whether what they’re experiencing qualifies as harassment, what steps they can take, and what protections the law provides. If you’re experiencing harassment at work, understanding your rights is the first step toward protecting yourself and holding your employer accountable.
At Clarkson, we help workers across California hold employers accountable for failing to prevent or address sexual harassment. Here’s what you need to know.
What is Sexual Harassment?
Under California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964, sexual harassment includes:
- Unwanted sexual advances
- Requests for sexual favors
- Verbal or physical conduct of a sexual nature
- Sexually explicit comments, jokes, or messages
- Inappropriate touching
- Stalking or following an employee
- Sex-based harassment (e.g., derogatory comments about your gender or sexual orientation)
- Threats or retaliation for rejecting sexual conduct
Harassment becomes unlawful when it is so severe or pervasive that it creates a hostile or offensive work environment, or when submission to the behavior becomes a condition of continued employment (also known as quid pro quo harassment).
Who can be a Harasser?
Harassers aren’t limited to supervisors or managers. They can include:
- Co-workers
- Clients or customers
- Vendors or contractors
- Business owners
Under California law, employers are responsible even for harassment by non-employees—if they knew (or should have known) and failed to act.
What is Quid Pro Quo Sexual Harassment?
Quid pro quo sexual harassment refers to an exchange between a supervisor and subordinate or employer and employee. A victim may be coerced to comply with sexual advancements to gain better career opportunities, higher pay, or, in some cases, to simply keep their job.
What is a Hostile Work Environment?
A hostile work environment is a type of harassment that is so severe and pervasive that it alters the conditions of employment and creates an abusive working atmosphere.
Know Your Rights Under California Law
Every employee has a right to a workplace free from harassment, discrimination, and retaliation. California law provides a clear process for reporting incidents of sexual harassment and seeking redress. This process is outlined in the Fair Employment and Housing Act (FEHA), specifically in FEHA, sections 12940 and 12965.
1. Reporting the Harassment
If an individual experiences harassment in the workplace, they should first consult their company’s sexual harassment policy and take action accordingly. This typically involves putting complaints in writing and keeping records of each incident of harassment. The individual should then inform their employer about the harassment, pursuant to the options and requirements set out in the sexual harassment policy. This process is outlined in Section 12940(j)(1) of FEHA.
It is also important to consult an experienced sexual harassment attorney, who can help navigate the complexity of your potential case against your employer.
2. Protection from Retaliation
It is unlawful for your employer to retaliate against you for reporting harassment. This includes demotions, discipline, termination, pay cuts, or any other adverse actions.
3. Filing a Complaint with CRD or EEOC
You may file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC), the primary agencies responsible for enforcing anti-discrimination laws in California and across the United States, respectively. You must usually do so before pursuing legal action in court.
4. Pursuing Legal Action
After filing with the CRD or EEOC and receiving a right-to-sue notice, you may file a lawsuit against your employer for harassment, failure to prevent harassment, and/or retaliation.
Compensation and Other Remedies You Could Obtain Under FEHA
The consequences of unlawful sexual harassment can be severe for the perpetrators under FEHA. You could be entitled to the following:
Compensatory damages: This type of damages pays for the financial harm you suffered due to the sexual harassment. You could receive back pay, front pay, past and future benefits, and medical expenses.
Emotional distress damages: This compensates you for the emotional trauma you suffered due to being sexually harassed. Unlike federal laws, there is no cap on the amount of emotional distress and punitive damages you can receive. Victims can receive large emotional distress awards in California, but the amount you may obtain would be based on the facts of your case.
Punitive damages: Punitive damages are awarded to punish the person who sexually harassed you, not to compensate you. This type of damage is awarded when the discriminatory actions are especially offensive.
Attorney fees: Under the FEHA, you can recover your reasonable attorney fees, court costs, litigation expenses, and expert witness fees as part of your damage award.
Injunctive relief: Injunctive relief is an order requiring your employer to take or stop doing certain illegal actions. This can be an order of the judge prohibiting your employer from engaging in the sexual harassment you endured in the future. It can also include reinstating your job if you were terminated, giving you a promotion, or correcting other illegal practices you were subject to.
What to do if you’re being harassed
1. Document Everything
Keep a detailed record of each incident, including dates, times, locations, what was said or done, and any witnesses.
2. Report the Harassment
Follow your company’s reporting procedures. Even if nothing changes, the report helps create a record of your complaint.
3. Consult an Employment Attorney
An attorney can guide you on your rights, help you navigate the complaint process, and determine whether you may be entitled to compensation.
4. Know You’re Not Alone
It takes courage to speak up. Seeking support—whether from an attorney, a therapist, or trusted colleagues—can help you feel less isolated and more empowered.
We’re Here to Help You Take Back Control
If you’ve experienced sexual harassment at work, our firm is here to help you understand your rights, protect your job, and seek justice. You don’t have to go through this alone. Contact the employment law attorneys at Clarkson today for a free, confidential consultation.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, consult with an employment attorney.
