Legally Reviewed by Steven Rubin on October 1, 2026
If you have experienced sexual harassment at work, you are not alone, and the law is on your side more than many people realize. California gives employees some of the strongest workplace protections in the country, covering everything from a hostile work environment to quid pro quo demands for sexual favors. It does not matter whether the conduct came from a supervisor, a coworker, or a client. You may have options.
The Rubin Law Corporation represents employees only. Attorney Steven Rubin has handled employment cases in Los Angeles and across Southern California for more than 30 years, including sensitive harassment claims against large employers, hospitals, and corporations. Every consultation is free and confidential, and our firm is paid on a contingency basis, so you owe no attorney fees unless we recover for you.
Time-Sensitive: California Limits How Long You Have to Act
A harassment complaint with the California Civil Rights Department generally must be filed within three years of the most recent act of harassment.
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What Is Sexual Harassment Under California Law?
Sexual harassment is unwelcome conduct directed at an employee because of sex, gender, gender identity, gender expression, or sexual orientation. It does not require physical contact. Comments, messages, images, looks, and patterns of behavior can all qualify. Under the California Fair Employment and Housing Act (FEHA), harassment is prohibited by Government Code section 12940, and the protection reaches employees, job applicants, unpaid interns, volunteers, and people providing services under a contract. It also applies to workplaces of every size.
California recognizes two main forms of sexual harassment, and many real cases involve a mix of both.
Hostile Work Environment
Unwelcome conduct that is severe or pervasive enough to change the conditions of your job and create an abusive atmosphere. The person responsible can be a manager, a coworker, or a vendor or client. A pattern of sexual jokes, demeaning comments, unwanted touching, or persistent advances can be enough. Learn more about what counts as a hostile work environment.
Quid Pro Quo Harassment
Quid pro quo means “this for that.” A person with authority ties a promotion, a raise, a schedule, or job security to sexual conduct, or punishes an employee who refuses. A single incident can be enough. See how the law treats quid pro quo harassment in more detail.
California has also moved away from requiring a worker to prove the harassment hurt their job performance. Under Senate Bill 1300, a single incident of harassing conduct may be enough to support a hostile work environment claim in the right circumstances. Each case turns on its own facts, which is why an early review matters.
Common Examples of Workplace Sexual Harassment
Harassment is not always obvious, and it often escalates over time. Conduct that may be actionable includes:
- Groping, kissing, blocking a doorway, or touching intimate areas
- Sexual comments about your appearance, clothing, or body
- Requests for dates or sexual favors linked to job benefits or job security
- Sexually explicit emails, texts, direct messages, or images, including on workplace chat apps
- Sexual rumors or sharing private images without consent
- Sexist remarks and gender-based insults that make the workplace intolerable
- Harassment that continues after hours or off site, such as at company events or through social media
Harassment is not limited to any gender or any type of relationship. Men can be harassed, and harassment can come from someone of the same gender. If you are unsure whether what you experienced qualifies, reading examples of sexual harassment in the workplace can help, but a conversation with an attorney is the surest way to find out.
Laws That Protect California Employees From Sexual Harassment
California employees are covered by both state and federal law. Title VII of the Civil Rights Act of 1964 is the main federal statute and applies to employers with 15 or more employees. The FEHA applies to employers with five or more employees for discrimination claims, covers harassment at every employer, and generally offers broader remedies. The EEOC’s guidance on sexual harassment explains the federal standards, and our overview of California sexual harassment law walks through how the state rules differ.
California law also requires employers to take reasonable steps to prevent harassment. When an employer ignores a complaint, fails to investigate, or retaliates against the person who spoke up, it may be held responsible for the resulting harm.
When Is an Employer Responsible?
Who harassed you affects how liability is analyzed. Under section 12940(j), the standard depends on the harasser’s role.
| Who Harassed You | How Employer Responsibility Is Generally Evaluated |
|---|---|
| Supervisor or manager | The employer is generally responsible for harassment by a supervisor, whether or not it knew about it. |
| Coworker | The employer may be responsible if it knew or should have known and failed to take immediate, appropriate corrective action. See employer liability for coworker harassment. |
| Client, customer, or vendor | The same knew-or-should-have-known standard applies. Read more about third party sexual harassment. |
Statute of Limitations for Sexual Harassment Claims in California
Deadlines are one of the most important parts of a harassment case, and they are easy to miss. In California, you generally must file a complaint with the California Civil Rights Department (CRD, formerly the DFEH) before you can sue under the FEHA. The CRD complaint process sets out the steps, and the key deadlines are below.
| Step | General Deadline |
|---|---|
| Complaint with the CRD (state claim) | Three years from the date of the harassment, counted from the most recent act |
| Lawsuit after a right-to-sue notice | One year from the date of the right-to-sue notice, under Government Code section 12965 |
| Charge with the EEOC (federal claim) | Generally 300 days in California, per the EEOC’s time limits |
These are general rules, and exceptions and tolling rules can change the calculation. Waiting can also make evidence harder to find and witnesses harder to reach. If you are close to a deadline, or unsure whether you have passed one, speak with an attorney right away. Our guide to the sexual harassment statute of limitations in California covers the topic in more depth.
What to Do If You Are Being Sexually Harassed at Work
The steps you take early can shape your case. California courts look at how both sides responded, and good documentation makes your account easier to prove.
1. Document Every Incident
Write down the date, time, place, and what happened, along with the names of any witnesses. Save emails, texts, voicemails, and screenshots. Keep copies somewhere your employer cannot access, such as a personal device or account.
2. Report Through Your Employer’s Process
Follow your company’s written policy and report to HR or a supervisor above the person responsible. Put it in writing and keep a copy. Learn what to expect from a sexual harassment investigation.
3. File With the CRD or EEOC
A state claim starts with the CRD, which can issue a right-to-sue notice. A federal claim starts with the EEOC. Our guide to filing a sexual harassment complaint explains the process.
4. Talk to an Employment Attorney
An attorney can review your evidence, explain your legal options, and make sure filings are made correctly and on time. It does not cost anything to ask.
Not Sure Whether What Happened Qualifies?
Tell us what happened. The call is free and confidential, and you owe nothing unless we recover for you.
Can I Bring a Claim If I Still Work There?
Yes. You do not have to quit or be fired to have a claim. Many clients first contact us while they are still employed and want to know how to protect themselves while the conduct continues. In that situation, an attorney can help you document what is happening, decide whether and how to report it, and avoid steps that could weaken your position. If you have already left, whether you resigned or were let go, the same deadlines and many of the same protections generally still apply. If you were pushed out because you complained or refused advances, that may also support a wrongful termination or retaliation claim, and our page on wrongful termination explains how those claims work.
Some people worry that a harasser who is a top performer, a friend of leadership, or a company founder is untouchable. The law does not make that exception. The same rules apply regardless of how senior or well liked the person is, and employers can be held responsible for failing to act.
Sexual Harassment, Sexual Assault, and Other Workplace Discrimination
Sexual harassment overlaps with other legal categories, and the right path depends on what happened. Some conduct, such as unwanted physical contact, can be both workplace harassment and a crime. A civil employment claim against your employer is separate from any criminal matter, and you can pursue one without the other. The differences are explained in our article on the difference between sexual assault and harassment.
Harassment can also be part of a wider pattern of unequal treatment. Being passed over for promotion, paid less, or treated differently because of sex or pregnancy may point to gender discrimination in addition to harassment. Telling us everything that happened, even details that seem unrelated, helps us spot every claim that may be available.
Harassment Questions We Hear Often
People are often unsure whether situations that feel uncomfortable are legally actionable. A few common scenarios help show where the line can fall.
- Dating a coworker. A consensual relationship is not harassment, but continued advances after you say no, or pressure tied to your job, can be.
- Same-sex harassment. The law protects employees whatever the gender of the person responsible, and the harassment does not need to be motivated by sexual desire.
- Jokes and banter. One awkward comment may not be enough on its own, but repeated sexual jokes, or a single severe incident, can be actionable.
- Remote work. Messages on video calls, workplace chat, and text can create a hostile work environment just as in-person conduct can.
- Witnessing harassment. If you saw it happen to someone else and were affected by it or punished for speaking up, you may have rights too.
If your situation does not fit neatly into one of these examples, that does not mean you lack a claim. Describe it to us and we will tell you honestly what we see.
How Evidence Is Used in Sexual Harassment Cases
Many harassment cases come down to a worker’s word against a manager’s, which makes corroboration valuable. Useful evidence can include text messages and emails, notes made at the time, calendar entries, HR complaints and responses, performance reviews before and after the conduct began, and statements from coworkers who saw or heard what happened. Even a short note written the same day can help explain a timeline later. If you are wondering how to prove sexual harassment, we explain the types of proof courts and agencies look at. Courts also continue to refine what counts, as covered in our summary of recent developments in evidence.
Avoid deleting messages or confronting the person in a way that could escalate the situation. Do not take confidential company files, because that can create separate problems. An attorney can tell you what is safe to keep and share.
Retaliation for Reporting Sexual Harassment
Retaliation is illegal under both the FEHA and Title VII. If you were fired, demoted, moved to a worse schedule, excluded from meetings, or given a sudden negative review after you complained or took part in an investigation, you may have a separate retaliation claim. Retaliation claims can stand even when the original harassment claim is difficult to prove. Read more about retaliation in the workplace and our page on employer retaliation.
Compensation Available in Sexual Harassment Cases
The damages available depend on the facts, the harm you suffered, and the evidence. Possible categories include the following.
| Category | What It May Cover |
|---|---|
| Lost earnings and benefits | Wages, bonuses, and benefits lost if you were demoted, fired, or forced to leave |
| Emotional distress | Anxiety, humiliation, sleep loss, and other mental anguish caused by the conduct |
| Medical and counseling costs | Treatment and therapy related to the psychological impact |
| Punitive damages | May be available when an employer’s conduct is especially wrongful |
| Attorney’s fees and costs | The law may allow a prevailing employee to recover reasonable fees and litigation costs |
| Reinstatement | In some cases, a return to your former position |
No attorney can promise a result, and outcomes depend on the facts of each case. What we can do is evaluate your claim honestly, explain what may be realistic, and pursue the compensation the law allows. Many matters are resolved through negotiation or a settlement before a lawsuit is filed, and we are prepared to take a case to court when that is in the client’s interest. You can see what past clients have said on our testimonials page.
Why Choose the Rubin Law Corporation
We represent employees, not employers. That focus shapes how we evaluate and build every case. Steven Rubin is a graduate of Brown University and USC Law and a member of the California Employment Lawyers Association. Read more about the firm and its approach and meet Steven Rubin and the team at 12100 Wilshire Boulevard in Los Angeles. We also represent people who work in healthcare, entertainment, finance, retail, and corporate settings, from rank-and-file staff to senior executives who need discretion.
Our fee structure is straightforward. We handle sexual harassment cases on a contingency basis, so you do not pay attorney fees unless we recover for you. The first conversation is free and confidential, and nothing you tell us is shared with your employer.
Contact the Sexual Harassment Lawyers at Rubin Law Corporation
Sexual harassment at work is illegal, harmful, and never your fault. If you have experienced it in Los Angeles or anywhere in Southern California, the employment attorneys at Rubin Law Corporation are here to listen and explain your options. You can also browse our sexual harassment FAQ for quick answers. Contact our firm online or call (310) 385-0777 to schedule your free, confidential consultation.
