California gives employees more protection against sexual harassment than many states, but the path to relief depends on where you start. Some people begin with HR and resolve the problem quickly. Others need to go outside their company and file with the California Civil Rights Department or the EEOC to preserve claims and pursue damages. The right choice turns on what happened, who did it, the employer’s response, and the filing deadlines under the California Fair Employment and Housing Act.
I’ve helped employees, managers, and founders navigate these crossroads. The same scenario can play out very differently depending on whether the first report goes to HR or to a government agency, and whether the internal investigation is done well. This guide explains what is considered sexual harassment under California law, how the complaint process works inside a company, when to involve the state or federal government, how statutes of limitations interact, and the trade‑offs that don’t show up in a policy manual.
What counts as sexual harassment in California
California workplace sexual harassment laws sit largely in the Fair Employment and Housing Act, often shortened to FEHA. The California sexual harassment definition under FEHA is broader than many people expect. It includes verbal sexual harassment in California such as crude jokes, sexual comments, or sexually explicit emails. It also includes physical sexual harassment in California like unwanted touching, groping, kissing, or blocking someone’s path. Unwanted advances at work in California, repeated invitations after a clear no, or lewd gestures can qualify. Harassment does not have to be motivated by sexual desire; gender‑based hostility, slurs, or stereotypes can create a hostile work environment in California.
Quid pro quo harassment in California involves a supervisor tying a job benefit or detriment to sexual conduct, such as promotion in exchange for dates, or threats of discipline if the employee refuses. A hostile work environment occurs when harassing conduct is severe or pervasive enough to alter working conditions. One severe incident can be enough if it’s egregious, like sexual assault. More commonly, it’s a pattern that adds up: repeated comments, texts late at night, unwanted touching at off‑site events, or an open secret that certain teams tolerate harassment.
Independent contractor sexual harassment in California may also be protected. FEHA covers not only employees but certain contractors, interns, and volunteers who face harassment in the workplace. Third party sexual harassment in California, where a customer or vendor is the harasser, can still trigger employer responsibility if management knew or should have known and failed to act.
Employer responsibility and liability under FEHA
Employer liability for sexual harassment in California turns heavily on who did the harassing. If a supervisor harasses an employee, FEHA imposes strict liability on the employer for the supervisor’s conduct. The company cannot avoid responsibility by saying it did not know. If a coworker is the harasser, the employer is liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action. That duty extends to third parties like clients and contractors when the company has control over the work environment.
California workplace harassment laws also require employers to take reasonable steps to prevent harassment. That includes a written policy, a complaint process that is easy to use, and training. California sexual harassment training requirements are grounded in AB 1825 and SB 1343. Most employers with five or more employees must provide anti‑harassment training every two years, with at least two hours for supervisors and one hour for nonsupervisory employees. The training must cover abusive conduct, bystander strategies, and practical examples. When training and policy are done well, complaints tend to surface earlier and investigations move faster.
HR first, or go straight to the government?
People often ask whether they must report harassment to HR before filing with the state or the EEOC. The short answer: California law does not force you to go through HR first to preserve a FEHA sexual harassment claim. You can file directly with the California Civil Rights Department, and you should if you fear retaliation or if HR is part of the problem. That said, using the internal process can make sense when you believe the company will take it seriously, the harasser is not in your chain of command, and you want a faster fix.
Here is how to think about timing and sequence. If the conduct is ongoing and you want it to stop quickly, a prompt HR complaint often leads to interim measures, separation from the harasser, or schedule changes within days. If the conduct is severe, involves a supervisor, or has already led to adverse actions such as demotion, reduced hours, or termination, filing with a government agency creates a formal record and enforces deadlines. In some cases, do both: submit a written HR complaint and file externally within the statutory window.
The internal HR complaint process
A well‑run California sexual harassment investigation inside a company has predictable steps. The employee submits a complaint, either through the designated email, hotline, or directly to HR. The complaint should describe what happened, when, where, who witnessed it, and include any supporting material such as texts, emails, Slack messages, or calendar invites. Reporting sexual harassment in California in writing is not legally required, but it helps create a clear timeline and reduces the risk of misunderstanding.
HR’s first duty is to stop ongoing harm. That may mean separating the alleged harasser from the complainant, changing reporting lines, or implementing a no‑contact directive. These are not discipline by themselves; they are interim measures. The investigation then begins. Skilled investigators interview the complainant, the accused, and witnesses, and they gather documents and digital evidence. The employer should aim for thoroughness and speed. Many internal investigations finish in two to six weeks depending on complexity and availability of witnesses.
At the end of an internal investigation, the company should share findings at a high level and state whether it substantiated the complaint. If substantiated, corrective actions may include training, coaching, discipline, or termination. If not substantiated, the company should still take steps to prevent future issues, such as team‑wide training or revised policies. Under FEHA, employers must keep complaints confidential to the extent possible, while also conducting a fair inquiry. Absolute confidentiality is not realistic because witnesses need enough context to provide information.
Retaliation is illegal regardless of the merits of the complaint. California sexual harassment retaliation protections under FEHA prohibit adverse actions because someone reported, participated in the investigation, or opposed harassment. Adverse actions include termination, demotion, cutting shifts, withdrawing opportunities, poor references, or singling the person out in ways that a reasonable employee would view as material.
In practice, HR processes vary widely. In a small company without in‑house HR, the CEO or an outside consultant may handle the investigation. In a large employer, Employee Relations and Legal are often involved. If HR reports to the same executive accused of harassment, ask for an outside investigator to avoid conflicts. The California Civil Rights Department looks favorably on employers who use impartial investigators and who can show clear steps taken under California sexual harassment policy requirements.
Filing with a government agency
California maintains a dual system for administrative complaints. The state agency, renamed the California Civil Rights Department, is the main venue for FEHA sexual harassment claims. The federal Equal Employment Opportunity Commission handles Title VII claims. Many cases involve both laws. You can cross‑file so that one agency coordinates with the other. This matters because you cannot file a sexual harassment lawsuit in California court under FEHA until you receive a Right‑to‑Sue notice.
How to file a sexual harassment complaint in California at the agency level is straightforward but deadline sensitive. The filing deadline sexual harassment California workers must watch is generally three years from the alleged unlawful practice to file with the Civil Rights Department. That window is longer than the federal 300‑day period for filing with the EEOC for most cases in California. If the harassment is ongoing, the clock may run from the last incident in the series. If there is a termination that ties to harassment or complaint activity, separate deadlines can apply. The state allows additional time after filing to request a Right‑to‑Sue letter.
The dfeh sexual harassment complaint process, now under the CRD name, can be either investigation or immediate Right‑to‑Sue. Investigation means the agency screens the claim, may attempt mediation, and can issue findings. Immediate Right‑to‑Sue means you skip agency investigation and proceed straight to court. Many represented claimants choose immediate Right‑to‑Sue to control timing. Others opt for investigation because early CRD mediation is free and often productive. The EEOC has similar options, with mediation frequently offered within weeks after a charge is accepted.
When you file, you describe the facts, list witnesses, and attach evidence. The agency notifies the employer and asks for a response. The employer’s position statement becomes an important document in the case timeline. If mediation is offered, consider it. California sexual harassment mediation can lead to workplace changes, training commitments, and monetary settlements, without the exposure of a public lawsuit.
HR vs. government agencies: practical trade‑offs
Employees often ask which route yields better outcomes. It depends on your goals, leverage, and tolerance for time and publicity. HR investigations usually move faster and can stop ongoing conduct quickly. They also cost you less in time and stress. The drawback is that HR works for the employer. While good HR teams strive for fairness, they focus on risk management and continuity. If your manager is central to the problem or if the culture protects top performers at any cost, an internal process may not be enough.
Government filings bring legal pressure and create a record outside the company. Employers tend to assign more senior counsel once the CRD or EEOC is involved, which can drive faster, more serious remedies. The process, however, can take months and sometimes more than a year. If you plan a sexual harassment lawsuit in California, you will need the Right‑to‑Sue either way. A government filing can also protect you if you experience wrongful termination sexual harassment California style retaliation after you report. Having the date and content of your filed charge can be crucial evidence.
There is no rule that you must pick one and abandon the other. Many workers report to HR and file with the CRD within the statutory window, especially when investigations drag or when discipline is unclear. Just keep your statements consistent. Discrepancies between what you tell HR and what you file with the state will be exploited. If you correct or supplement, do it in writing and explain why.
Evidence that moves cases
Strong sexual harassment evidence in California cases rarely looks like a smoking gun. Most credible cases are built from consistent timelines, corroborating details, and documents that show context. Save texts, DMs, emails, calendar invites, photos from work events, and notes taken soon after incidents. Preserve the original format; screenshots help but do not delete the source. If a coworker witnessed conduct or saw your distress after an incident, identify them early. If the harasser controlled scheduling, track changes in shifts, assignments, or sales territories.
Digital systems create an audit trail. Access logs can show late‑night Slack messages. Badge records can confirm who was present at the office when an incident occurred. Expense reports and rideshare receipts can show stops after off‑site meetings. These details can transform a credibility contest into a corroborated narrative.
California labor code sexual harassment protections overlap with FEHA in related areas. Labor Code provisions prohibit retaliation for reporting unlawful conduct and protect whistleblowers, and the Private Attorneys General Act can sometimes be part of a broader strategy when systemic violations exist. Talk to a California sexual harassment attorney about the mix of claims if you see wage underpayment, missed breaks, or safety violations tied to the same actors.
Timelines and statutes of limitations
The California sexual harassment statute of limitations has stretched over time. For FEHA claims, the standard pattern is this. You have up to three years from the last discriminatory or harassing act to file with the CRD. After you receive a Right‑to‑Sue, you generally have one year to file a civil action in court. If you file with the EEOC instead, the federal deadline is often 300 days in California because FEHA is a deferral statute, and the EEOC can issue its own Notice of Right to Sue under Title VII. These clocks can interact in complicated ways. If you are unsure, file early with the CRD and request cross‑filing with the EEOC to cover both.
Tolling can extend deadlines in limited cases, such as when a minor is involved or when a continuing violation exists. Do not bet on tolling unless you have counsel. Also, arbitration agreements can create a parallel timeline. Some employers require arbitration for employment disputes. Arbitration is enforceable in many sexual harassment claim California contexts, although state and federal law have evolved regarding sexual assault and harassment. Recent changes restrict forced arbitration for sexual assault, and some disputes can proceed in court despite an arbitration clause. Bring the agreement to a lawyer to assess strategy.
What happens after filing: investigation, mediation, litigation
Once a charge is filed, the agency may request mediation. California sexual harassment mediation has high settlement rates when scheduled early. The process is confidential and focuses on solutions: separation from the harasser, policy changes, training, a neutral reference, and monetary relief. Sexual harassment damages in California can include lost wages, benefits, emotional distress, and attorneys’ fees. Punitive damages are possible in court if the employer acted with malice or reckless indifference, although they are harder to obtain in administrative mediation.
If mediation fails or is not offered, the agency investigates. It may issue cause findings, no‑cause findings, or simply a Right‑to‑Sue. Cause findings can strengthen your hand in negotiations. Even without a cause finding, many cases settle before trial. California sexual harassment settlements vary widely. Modest cases might resolve in the five‑figure range. Cases with significant wage loss, PTSD diagnoses, or high‑level perpetrators often land in six or seven figures. Confidentiality is common; new California laws limit nondisclosure for facts of sexual harassment and discrimination, but parties can still keep settlement amounts confidential in many situations.
If you proceed to court, expect a California sexual harassment case timeline of 12 to 24 months, sometimes longer. Written discovery, depositions, expert evaluations, and motions can be grueling. Many plaintiffs feel better with a clear plan for work, therapy, and family during this period. Courts encourage early settlement conferences, and private mediation remains available at any stage.
Special issues with supervisors, coworkers, and third parties
Supervisor sexual harassment in California imposes strict liability on the employer for the harassment itself, but separate damages for failure to prevent and for retaliation can add to exposure. Pay attention to reporting lines. A “supervisor” under FEHA includes anyone who has the authority to hire, fire, promote, assign, or recommend such actions. Title alone does not control. If a “lead” assigns your daily tasks and evaluates your performance, they may qualify.
Coworker sexual harassment in California requires proof the employer knew or should have known. Report promptly to put the employer on notice, and document that notice. If the harasser is a client or vendor, third party sexual harassment in California still triggers duties if the employer has control over the site and relationship. Employers often fear losing the client. The law does not excuse inaction; the company must protect employees even if it risks a contract.
Constructive discharge can arise when harassment makes conditions so intolerable that a reasonable person would resign. Sexual harassment constructive dismissal in California claims are tough because juries expect people to try internal remedies first. If you are close to quitting, get advice. Often, a short leave or a transfer combined with a formal complaint changes the equation and preserves wage claims.
Training, policy, and culture as risk multipliers
Compliance with California AB 1825 sexual harassment training and California SB 1343 harassment training is table stakes. Employers also need a policy that is easy to understand, translated for the workforce, distributed upon hire, and acknowledged. California sexual harassment policy requirements call for multiple reporting channels, including an option to bypass the chain of command. Policies should reference the California Civil Rights Department sexual harassment complaint process and provide contact information.
The gap between a policy binder and lived culture is where most cases arise. Alcohol at work events, off‑the‑clock travel, or one‑on‑ones in hotel bars create predictable risks. Senior leaders who model boundaries reduce claims. Those who wink at misconduct or protect rainmakers increase both frequency and severity. Employer responsibility sexual harassment California standards also expect documentation. If you did training, keep records. If you coached someone, memorialize it. Absent documentation, a jury may assume it did not happen.
Retaliation and how to protect yourself
Retaliation claims often overshadow the underlying harassment claim because the adverse act is clear. A worker reports harassment, and two weeks https://www.employmentlawaid.org/california later they are put on a performance improvement plan after years of glowing reviews. Or their territory is cut by half. The timing alone raises red flags. Employers should freeze nonessential changes affecting a complainant’s role during and shortly after an investigation unless there is a well‑documented, preexisting plan.
Employees can reduce risk by communicating professionally, continuing to meet expectations, and documenting changes in workload, feedback, or access. If you must escalate to the state or EEOC, attach the original HR complaint and performance history. California sexual harassment whistleblower protection under Labor Code 1102.5 can be a powerful add‑on claim if you reported to a government agency or refused to participate in illegal conduct.
HR vs. government agencies: a concise comparison
- HR path: Faster, confidential, immediate workplace remedies, no filing fee, but controlled by the employer and limited remedies. Best for ongoing behavior that might be corrected, and when you trust the process. CRD/EEOC path: Formal record, legal leverage, access to mediation and damages, preserves a sexual harassment lawsuit California option. Slower, more adversarial, deadlines are strict. Best when the harasser is senior, retaliation has occurred, or HR has failed before.
Practical steps if you are experiencing harassment
- Write down what happened with dates, times, locations, and witnesses. Save messages and emails in their original format. Consider reporting to HR quickly, requesting separation from the harasser, and confirming your report in writing. Consult a sexual harassment lawyer in California to assess deadlines, arbitration clauses, and the best forum. Many offer free consultations. File with the California Civil Rights Department or the EEOC within the applicable time limits, especially if discipline or termination is looming. Take care of your health. Use employee assistance programs, therapy, or medical leave where appropriate. Documentation of impact matters in both healing and damages.
Working with counsel, and what it costs
A California sexual harassment attorney will triage facts, evaluate employer size and insurance, identify the right claims under FEHA and Title VII, and map a strategy that may include internal advocacy, agency filing, mediation, and litigation if needed. Fee structures vary. Many plaintiff lawyers work on contingency, taking a percentage of recovery plus costs. Hourly counsel is more common for executives negotiating exits or for advisory roles during HR investigations. Defense‑side lawyers retained by employers are paid by the company or its EPLI carrier. If you prevail under FEHA, the court can award attorneys’ fees, which pressures employers to settle meritorious cases.
When arbitration applies
Arbitration of sexual harassment california disputes is common due to employment agreements. Arbitration can be faster and private, with limited discovery and no jury. That privacy can help victims avoid publicity and can help employers avoid reputational damage. The trade‑off is that arbitrators rarely award punitive damages, and the right to appeal is narrow. Recent federal changes restrict forced arbitration of sexual assault, and some harassment claims may ride along. California courts continue to refine these rules. If you signed an arbitration agreement, your lawyer will evaluate whether to compel arbitration or to stay in court.
Final thoughts from the field
People rarely report the first time something happens. They report after a pattern emerges or after the stakes escalate. That delay is human. California’s longer deadlines reflect that reality, but time still matters. The earlier you document, the more options you keep. If internal HR is responsive and you feel safe, start there and insist on clear interim protections. If the power dynamics are stacked or retaliation is already underway, go to the California Civil Rights Department or the EEOC without delay. The best outcomes often combine both routes, steady documentation, and early legal advice.
California sexual harassment laws are designed to stop misconduct, not just to punish it. Done right, the complaint process protects the complainant, enforces boundaries, and forces leadership to own the culture it creates. Whether you choose HR, government agencies, or both, measure progress in days and weeks, not hope and promises.