You did nothing wrong. That may be the most important thing to hold onto when everything else feels uncertain. Sexual harassment at work strips people of their sense of safety, dignity, and trust in a place they spend most of their waking hours. Whether it happened once and left you stunned, or has been building for months in ways that are hard to name, your experience is real, and the law in California takes it seriously.
If you are trying to figure out what to do if you’re sexually harassed at work, this guide is written for you. It covers your rights under California law, how the reporting process works, what steps to take, and what you can reasonably expect when you decide to act. No confusing legal language, no vague advice. Just clear, honest information that helps you move forward.
What California Law Says About Sexual Harassment at Work
California’s Fair Employment and Housing Act (FEHA), found at Government Code Section 12940, is the primary state law protecting workers from sexual harassment. It covers employers with five or more employees — a broader reach than federal Title VII of the Civil Rights Act of 1964, which applies only to employers with 15 or more.
FEHA recognizes two forms of sexual harassment.
- Quid Pro Quo Harassment occurs when someone in authority ties your job, promotion, raise, or continued employment to submission to sexual advances. A single incident is enough to support a claim.
- Hostile Work Environment Harassment involves unwelcome conduct of a sexual nature that makes the workplace hostile or abusive to a reasonable person. This includes offensive comments, unwanted touching, and sexually explicit material. Following the California Supreme Court’s ruling in Bailey v. San Francisco District Attorney’s Office (S265223), even a single severe act by a coworker can now support a FEHA claim — a significant expansion from prior law, which required a pattern of conduct.
FEHA also covers harassment based on gender identity, gender expression, sexual orientation, and pregnancy. The harasser does not need to be a different gender, and the conduct does not need to be sexually motivated to qualify.
Reporting Process and Legal Obligations
Both you and your employer carry legal responsibilities once harassment occurs. Under California Code of Regulations, Title 2, Section 11023 employers have an affirmative duty to take reasonable steps to prevent and promptly correct harassment and discrimination. That obligation is not optional.
Retaliation is strictly prohibited. Under Government Code Section 12940(h) and Labor Code Section 1102.5, your employer cannot fire you, demote you, cut your hours, or treat you adversely for reporting harassment, joining an investigation, or filing a complaint. Any such action is a separate legal violation that can increase the damages available to you.
This framework shapes every step that follows. When you report, your employer must respond. When you file with a government agency, deadlines determine what options remain. And if your employer retaliates, the law gives you additional recourse.
Step-by-Step: What to Do If You’re Sexually Harassed at Work in California
Knowing what happened to you and knowing what to do about it are two very different things. The steps below are designed to help you take action in the right order, protect your legal options, and build the strongest possible record from the moment you decide to move forward.
1. Write Everything Down Right Away
The sooner you document what happened, the better. Memory fades, and specific details carry legal weight. After each incident, write down the following in a personal journal or a private document stored outside of work systems:
- The date, time, and exact location
- What was said or done, as close to word for word as you can recall
- Who was present, including any witnesses
- Your response at the time, even if you said nothing
- How the incident affected you physically and emotionally
Do this consistently. A clear, detailed record of events becomes one of your strongest assets if you pursue a complaint or legal claim.
2. Save Any Evidence You Have the Right to Keep
Collect and preserve copies of text messages, emails, voicemails, or other written communications related to the harassment. If incidents occurred through workplace platforms or apps, take screenshots when you are permitted to do so. Be careful not to violate company policy by forwarding confidential materials, but do preserve everything you can legally access.
Note the names of anyone who witnessed the conduct, even if you are not ready to involve them yet. Witness accounts can become important later in the process.
3. Report It Internally If You Feel Safe Doing So
Most employers have an HR department or a written complaint process. Check your employee handbook for the right procedure, and submit your complaint in writing whenever possible. A written record of your internal report, including when you made it and to whom, carries weight if your case moves to an external agency or court.
If your harasser is your direct supervisor, report to their supervisor or go directly to HR. If HR is involved in the problem, or if your employer is too small to have HR resources, skip ahead to filing with a government agency. Internal reporting is not a required step before going to the state or federal level, but it does create a paper trail and formally triggers your employer’s legal duty to investigate.
4. File a Complaint with the California Civil Rights Department
The California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH), is the state agency that enforces FEHA. Filing starts with an online intake form at calcivilrights.ca.gov.
California gives you three years from the date of the last harassing act to file a complaint with the CRD. This extended deadline was established by AB 9, effective January 1, 2020, and gives California workers considerably more time than the federal 300-day window. Missing the deadline generally means losing your right to file at all, so act before the clock runs out.
Once you file, the CRD may investigate your complaint or issue a Right to Sue notice. After receiving that notice, you have one year to file a civil lawsuit in California state court.
If you also want to preserve a federal claim under Title VII, you must file with the Equal Employment Opportunity Commission (EEOC) within 300 days of the harassment. When you file with the CRD, they typically cross-file with the EEOC automatically, which protects your federal options at the same time.
5. Know What You May Be Entitled to Recover
A successful sexual harassment claim in California can result in several forms of relief, including:
- Lost wages and back pay
- Compensation for emotional distress
- Punitive damages in cases of particularly egregious conduct, as governed by California Civil Code Section 3294
- Attorney’s fees and litigation costs
- Injunctive relief ordering your employer to change policies or take corrective action
What Orange County Workers Should Know
For workers asking how to report sexual harassment in Orange County, the process follows California state law as outlined above. There is no separate county-level agency for these claims. You file with the CRD, the EEOC, or both.
That said, Orange County workers in industries such as hospitality, healthcare, entertainment, and retail often face added pressure to stay quiet, whether from tip-dependent income, fear of losing shifts, or agreements they were asked to sign when they were hired.
If you signed an NDA or a non-disparagement agreement, that may not protect your employer the way they think it does. Under California’s STAND Act (SB 820, effective 2019) and the Silenced No More Act (SB 331, effective January 1, 2022), NDAs that prevent you from disclosing factual information about workplace sexual harassment are prohibited and unenforceable in settlement contexts. At the federal level, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 also limits mandatory arbitration agreements for these claims. An attorney can help you assess what any agreement you signed actually means for your situation.
Key Takeaways
- California’s FEHA protects employees at workplaces with five or more employees from sexual harassment, and harassment claims can extend to smaller employers as well.
- There are two legally recognized types of sexual harassment: quid pro quo and hostile work environment.
- Following the Bailey v. San Francisco decision, a single severe act by a coworker may now be enough to support a FEHA harassment claim.
- Your employer has a legal duty to prevent and address harassment and cannot retaliate against you for reporting it.
- You have three years to file a complaint with the CRD and 300 days to file a charge with the EEOC.
- An NDA you signed may not bar you from disclosing harassment under California’s SB 331 or federal law.
- Knowing what to do if sexually harassed at work means documenting incidents, reporting through proper channels, and filing before any deadline passes.
Frequently Asked Questions
Q: What if my harasser is a coworker, not a manager?
A: You are still protected. The California Supreme Court ruling in Bailey v. San Francisco District Attorney’s Office established that even a single sufficiently serious act by a coworker can support a FEHA hostile work environment claim. Your employer also has a legal obligation to respond to internal complaints about coworker conduct.
Q: Do I have to go through HR before filing with the CRD?
A: No. Internal reporting is not a prerequisite for filing a complaint with the CRD or EEOC. That said, reporting internally first creates a paper trail that can strengthen your case and formally obligates your employer to investigate.
Q: What if I am afraid of losing my job for speaking up?
A: Retaliation for reporting sexual harassment is illegal under both California and federal law. If your employer takes adverse action against you because you reported, that becomes an additional legal violation you can pursue separately.
Q: Can I file a complaint if I am an undocumented worker?
A: Yes. California’s civil rights laws protect all workers regardless of immigration status. The CRD does not report complainants to immigration enforcement agencies.
Q: What is the difference between the CRD and the EEOC?
A: The CRD is California’s state-level civil rights agency and enforces FEHA. The EEOC is the federal agency that enforces Title VII. Filing with the CRD generally cross-files with the EEOC, preserving both state and federal options. California’s CRD offers broader coverage and a longer filing window.
Q: How long does a sexual harassment case typically take?
A: Timelines vary depending on the complexity of the case, whether it settles or goes to trial, and agency backlogs. Some cases resolve within months. Others take several years. An attorney who knows the facts of your situation can give you a more realistic assessment.
Contact WorkRight Law APC
Workplace sexual harassment affects more than your job. It affects your confidence, your health, and your ability to feel safe in a place where you should be able to simply do your work. If you are trying to figure out what to do and who to trust, you deserve honest answers from someone who actually knows California employment law.
At WorkRight Law APC, we represent employees throughout Orange County who are in exactly the situation you may be facing right now. We take time to listen, give you a straight assessment of your case, and help you understand what your options realistically look like. We do not pressure people into decisions, and we do not sugarcoat outcomes.
Whether you are just beginning to think about how to report sexual harassment in your workplace or you are ready to take formal action, reach out to WorkRight Law APC through our website today to schedule a confidential consultation. The conversation is free. Your rights, on the other hand, have a deadline.
