What Is Considered Sexual Harassment At Work?

Under California’s Fair Employment and Housing Act (FEHA), conduct at work is considered sexual harassment if it creates a hostile, intimidating, or offensive work environment. Sexual harassment also occurs when a job benefit or workplace decision is conditioned on submitting to sexual conduct.

The conduct need not be violent to be unlawful. Verbal comments, written messages, jokes, or job decisions conditioned on sexual demands that make your workplace hostile may count. Sex-based insults, hostility toward a particular gender, gender stereotyping, or degrading remarks about pregnancy, gender identity, gender expression, or sexual orientation may also qualify even when no one requests sexual contact.

You do not need to prove a crime to have a valid claim. If something at work felt wrong, demeaning, or threatening, your experience is real, and the law takes it seriously. It has clear standards that define what counts as harassment. Those standards shape whether you have grounds to act.

What Qualifies As Workplace Sexual Harassment Under California Law?

California law establishes that physical, verbal, or nonverbal conduct of a sexual nature can qualify as sexual harassment under specific circumstances. Examples include unwanted sexual advances or requests for sexual favors, especially if they affect an individual’s work environment and the job opportunities available to them.

In these scenarios, FEHA’s protections against workplace harassment generally apply to employers with one or more workers, offering broader coverage than federal law. It also protects more than full-time employees. In California, the following workers all have the right to a harassment-free workplace:

• Full-Time or Part-Time Employee: Anyone at a business with one or more employees is covered for sexual harassment claims. Coverage may differ if you work for a federal government agency, a nonprofit religious association, or a nonprofit religious corporation.
• Independent Contractor or Freelancer: A qualifying person who provides services under a contract may be protected from workplace harassment, even if not classified as an employee.
• Unpaid Interns, Trainees, or Volunteers: Receiving no pay does not mean you have no legal protection.
• Job Applicant: Harassment during the hiring process is illegal in the state.

Government Code (GOV) § 12940 covers these workers regardless of gender identity, gender expression, and sexual orientation.

The Two Types Of Workplace Sexual Harassment And Common Examples

Under FEHA, there are two legal types of sexual harassment at work: quid pro quo and hostile work environment.

Quid pro quo harassment happens when someone with control over your job or workplace benefits, such as a supervisor, conditions a job decision on sexual demands. This includes decisions about your promotion, raise, or continued employment.

A hostile work environment involves unwelcome conduct based on sex that is severe or pervasive. It must change your working conditions and create an abusive or hostile environment. Notably, the conduct need not occur repeatedly. A single incident may create an unlawful hostile work environment when it is sufficiently severe.

Examples of workplace sexual harassment may include:

• Verbal Harassment: Spoken behavior of a sexual nature that you did not invite. Examples include:

  • Sexual jokes or comments directed at you or told around you.
  • Catcalls, wolf whistles, or sounds that imitate sexual actions.
  • Questions about your sexual history, desires, or orientation.
  • Derogatory remarks about your gender, body, or appearance.

• Physical Harassment: Unwanted touching or the use of physical closeness to intimidate you. Force is not required for it to be unlawful. Examples include:

  • Unsolicited shoulder or neck massages.
  • Unwanted hugging, stroking, or repeated brushing against you.
  • Cornering you against a wall or blocking your path.
  • Touching your hair or body without your permission.

• Nonverbal Harassment: Causes harm without words or physical contact. Examples include:

  • Suggestively staring at your body.
  • Displaying explicit images or vulgar gestures at work.
  • Giving unwanted or inappropriate gifts.
  • Mimicking sexual acts with hands or body movements.

Courts measure severity by how a reasonable person in your position would have experienced it. In other words, they consider the totality of the circumstances, including the frequency and severity of the conduct, whether it was physically threatening or humiliating, and its effect on the workplace. The claimant must actually have experienced the environment as hostile or abusive. The conduct must also be hostile from the perspective of a reasonable person in the same circumstances.

When Sexual Harassment Also Becomes A Personal Injury Claim

Sexual harassment claims are typically filed under FEHA. However, when the harassment involves unwanted physical contact, assault, or conduct severe enough to cause lasting psychological harm, you may also have grounds for a separate civil personal injury claim.

This option may be available when workplace sexual harassment involves conduct such as:

• Battery: Unwanted touching, groping, or physical contact of a sexual nature can constitute civil battery, regardless of whether criminal charges are filed.
• Assault: This includes threatening or intimidating behavior that gives you a reasonable belief that harmful or offensive contact is imminent. Examples include someone cornering you or making threatening advances.
• Intentional Infliction of Emotional Distress (IIED): When harassment is extreme, outrageous, and causes severe emotional trauma, you may be able to pursue damages for IIED beyond what FEHA provides.

Because workplace injury claims are often subject to California’s workers’ compensation exclusivity rules, whether a separate tort claim can proceed depends on factors like the nature of the conduct, who is being sued, and other case-specific defenses. An attorney can evaluate whether your situation qualifies for both types of claims.

Who Can Be Liable In A Workplace Sexual Harassment Claim?

The alleged harasser may be:

• A supervisor or manager.
• A coworker.
• A company owner.
• A client, customer, vendor, contractor, or other nonemployee.

Establishing liability, meaning the legal duty to answer for the harm, depends on who harassed you:

• Strict Liability for Supervisors: An employer may be legally responsible for harassment committed by a supervisor or agent, even if upper management was unaware of the conduct (GOV § 12940).
• Liability for Co-Workers & Non-Employees: Employers may be liable for harassment by nonsupervisory co-workers or non-employees. This applies if the employer, its agents, or its supervisors knew or should have known about the conduct and failed to take immediate and appropriate corrective action.
• Personal Liability: Individual harassers may be held personally liable for damages, independent of their employer. A nonemployee harasser could also face liability under other laws, depending on the circumstances.
• Duty to Prevent: Employers must take all reasonable steps to prevent and correct workplace harassment. Also, they have to maintain and distribute a legally compliant harassment-prevention policy.

What To Do If You Are Sexually Harassed At Work

Once you have identified the type of harassment, the next step is to protect your rights. California law provides clear steps to follow. Acting promptly also helps preserve evidence while details are still fresh.

• Tell the Harasser to Stop (if You Feel Safe): If you feel safe, you may tell the harasser that the behavior is unwelcome. Document every incident: dates, times, locations, witnesses, and any relevant messages.
• Report to HR or Management: Reporting harassment in writing to HR, a designated complaint contact, or an appropriate supervisor. This step can help establish that the employer received notice. An employer may also have a duty to respond when it otherwise knows or should know about possible harassment. Take note that you don’t have to file an internal report to file a FEHA claim, though a report may help create further evidence to support your case.
• Determine if You Have a Personal Injury Claim: A lawyer for workplace harassment cases can assess if you’re eligible to pursue a separate personal injury claim. If settlement negotiations fail and suing becomes necessary, the California Code of Civil Procedure (CCP) typically gives you:
  • Two years to file suit for standard civil battery (§ 335.1).
  • Ten years from the date of the last qualifying act of sexual assault, or three years from when you discovered or reasonably should have discovered that an injury or illness resulted from the sexual assault, to file suit, whichever comes later (§ 340.16).
  • Until December 31, 2026, if you’re filing an otherwise time-barred sexual assault case based on conduct that occurred when you were an adult and on or after January 1, 2009, provided the lawsuit was filed on or after January 1, 2019 (§ 340.16). This temporary filing window does not apply to cases that have already been resolved by a final judgment or a qualifying written settlement before January 1, 2023.
  • Until December 31, 2027, for sexual assault cases involving adult victims that would otherwise be time-barred before January 1, 2026. It revives claims against the perpetrator directly (no cover-up allegation required) and, separately, claims against an entity if you allege that it engaged in or attempted a cover-up of a prior instance or allegation of sexual assault by the perpetrator (§ 340.16). This temporary filing window does not apply to public entities or to cases that have already been resolved by a final judgment or a qualifying written settlement before January 1, 2026.
• Fill out an Intake Form from the California Civil Rights Department (CRD): In general, you must submit this form to the CRD within three years of the alleged unlawful act or the date you were last harmed. Exceptions may apply.
• Wait for Your Case to Be Evaluated: Once you submit an intake form, the CRD will review it. If it accepts your case for investigation, it will then give you a formal complaint for you to sign. From here, the employer or other party named in your complaint must respond. The agency will review that response with you.
• Complete Mediation and Obtain Your Right-to-Sue Notice: Mediation may occur at different stages of the process. Depending on the outcome, the CRD may close the case, pursue a settlement, take legal action itself, or issue a notice allowing you to pursue the matter privately. You may request an immediate right-to-sue notice instead of asking the CRD to investigate the complaint. A right-to-sue notice is generally required before filing a private FEHA lawsuit. You ordinarily have one year from the notice date to file suit.

California law prohibits retaliation. Your employer cannot fire you, demote you, or cut your pay because you reported harassment. If they do, you may have grounds to pursue a separate retaliation claim.

Federal filing options also exist. However, California’s CRD process offers a longer deadline for most victims. Workplace harassment lawyers can review your situation and help you understand your rights and next steps.

Available Compensation In Workplace Sexual Harassment Cases

California sexual harassment victims may recover civil damages for their losses. These include lost wages, emotional distress, medical costs, and, in some cases, punitive damages. What you may recover depends on your case.

Here are the main types of damages you can pursue:

• Lost Wages: You may recover backpay, the pay you lost after being fired or forced to quit. You may also recover front pay if your new job pays less than your old one.
• Emotional Distress: You can seek money for trauma, anxiety, and shame that the harassment caused. You may also be able to recover for harm to your reputation, depending on your case.
• Medical Costs: If you were physically hurt, you may be able to recover health care costs. This includes therapy or chiropractor visits for pain tied to the harassment.
• Punitive Damages: In rare cases, punitive damages may be available to punish particularly harmful conduct and discourage similar behavior. However, you generally must provide clear and convincing evidence of oppression, fraud, or malice (California Civil Code § 3294). When seeking punitive damages against a corporate employer, you typically must show that an officer, director, or managing agent authorized, ratified, or had advance knowledge of an employee’s unfitness, but hired them anyway with conscious disregard of the rights and safety of others. Notably, punitive damages cannot be recovered against an employer that is a public entity.

The specific facts of your case will determine what you may recover. Those details are worth discussing with an attorney.

Results In Workplace-Related Claims

Sexual harassment claims are one type of labor matter that may involve complex workplace issues. They thus require careful investigation. Our experience handling employment-related cases allows us to evaluate challenging claims, identify potential legal issues, and advocate for our clients’ rights.

These case results don’t guarantee future outcomes and aren’t specifically about sexual harassment at work. However, they show how we’ve previously helped clients who were injured due to workplace injury and assault:

• Our team secured a $2.127 million settlement in a workers’ compensation case involving a workplace injury sustained in a fall from a roof two and a half years earlier.
• We recovered $1,000,000 for a client who was suddenly assaulted while shopping at a big-box retailer. Our attorneys were able to argue that the store had to be held accountable due to inadequate security and prior knowledge of violent incidents at the location.

If you find yourself thinking, “Do lawyers only get paid if they win?”, know that our workplace sexual harassment and sexual assault lawyers accept cases on a contingency fee basis. That means you don’t pay the attorney’s fees unless you obtain compensation.

Frequently Asked Questions About Workplace Sexual Harassment

Not every unwanted behavior at work rises to the level of sexual harassment under the law. In California, different rules apply based on who harassed you, how your employer responded, and what proof you have. These questions address the doubts workers most often have after learning about their legal rights.

Do I Have A Case If I Was Harassed Outside The Office?

Yes, you may have a case. Sexual harassment does not have to occur inside the employer’s regular workplace. You may have legal options if the conduct happened in connection with your job, such as:

• Through email or text messages.
• On video calls or workplace messaging platforms.
• While working remotely.
• During business trips, conferences, company events, client meetings, or other work-related activities.

What If I Wasn’t The Direct Target For Harassment?

You do not always have to be the person directly targeted to be eligible to file a workplace sexual harassment case. Sexual comments, images, or conduct directed at a coworker may contribute to a hostile work environment for others who are exposed to it. Eligibility depends on the severity, frequency, and context of the harassment.

What Is Not Considered Harassment In The Workplace?

Rude remarks, normal workplace discipline, and everyday conflicts do not count as harassment under the law if they’re nondiscriminatory in nature. These actions must be unwelcome and based on sex, gender, or another protected characteristic. You may be eligible to file a claim for a single incident if it is sufficiently severe to alter the conditions of employment and create a hostile or abusive working environment. You need not prove a measurable decline in job performance.

How Does Human Resources Handle Sexual Harassment?

California requires every employer to have a written sexual harassment policy. When an employer receives a harassment complaint, it should arrange a prompt, thorough, and fair investigation by a qualified and impartial person. It should also take appropriate corrective action when warranted. The investigator does not necessarily have to be a member of HR.

Can I Sue My Employer For A Coworker’s Harassment?

Yes. If your employer knew or reasonably should have known about the harassment and did not act quickly to stop it, they can be held responsible for what happened to you.

Can Men Be Victims Of Workplace Sexual Harassment?

Yes. California law protects all workers from sexual harassment. Your gender, gender identity, or sexual orientation does not change your right to a safe workplace.

What If The Harasser Is Not An Employee Of My Company?

Your employer may be held legally responsible for harassment by a client, vendor, or other third party if it knew or should have known about the conduct and failed to take immediate and appropriate corrective action.

Do I Need Physical Evidence To Prove Sexual Harassment?

No. Witness testimony, written records, emails, text messages, and contemporaneous personal notes may help support a harassment claim. The admissibility and persuasive power of evidence depend on its authenticity, relevance, credibility, and the circumstances of the case. Physical evidence helps, but it is not required.

Our Lawyers Are Ready To Listen To Your Story

Sexual harassment at work can cost you your job and your peace of mind. You may be entitled to take action, and the lawyers at Arash Law, also known as AK Law, are ready to stand by you. Our attorneys have years of cumulative experience advocating for workers who face harassment, hostile work environments, and retaliation.

You do not have to face this alone. Call us at (888) 488-1391 for a free and confidential initial consultation.