Sexual Harassment in the Workplace

Employment Law

Sexual Harassment Law in California

Sexual harassment is any unwelcome sexual conduct in the workplace—including verbal, physical, or visual behavior—that creates a hostile work environment or conditions employment on sexual favors. It is not just inappropriate—it is illegal. Under both California and federal law, employees have the right to work in an environment free from unwelcome sexual conduct. At The Law Offices of Farris Ain, we represent employees throughout Southern California who have been subjected to harassment by supervisors, coworkers, or even third parties such as clients and vendors. We understand how traumatic these experiences can be, and we are committed to holding employers accountable when they fail to protect their workers.

What Constitutes Sexual Harassment Under California Law

California’s Fair Employment and Housing Act (FEHA), specifically Government Code section 12940(j), prohibits sexual harassment in the workplace. FEHA provides some of the broadest protections in the country, covering employers of all sizes—there is no minimum employee threshold for harassment claims. This means even employees at small businesses are protected.

At the federal level, Title VII of the Civil Rights Act of 1964 also prohibits sexual harassment as a form of sex discrimination. Title VII applies to employers with 15 or more employees. However, because FEHA’s protections are broader in many respects, most California claims are pursued under state law.

Two Types of Sexual Harassment

The law recognizes two distinct categories of sexual harassment:

Quid Pro Quo Harassment

Quid pro quo—Latin for “this for that”—occurs when a supervisor or someone in a position of authority conditions employment benefits on an employee’s submission to sexual conduct. Examples include:

• A manager promising a promotion in exchange for sexual favors
• A supervisor threatening termination if an employee refuses a sexual advance
• Conditioning favorable work assignments, raises, or schedules on a sexual relationship
• Demoting or punishing an employee who rejects unwelcome advances

Even a single incident of quid pro quo harassment can form the basis of a legal claim. The harasser must have the authority to affect the terms and conditions of the victim’s employment.

Hostile Work Environment

A hostile work environment exists when unwelcome sexual conduct is so severe or pervasive that it unreasonably interferes with an employee’s ability to perform their job or creates an intimidating, hostile, or offensive working environment. This can include:

• Repeated sexual comments, jokes, or innuendos
• Unwelcome physical touching, groping, or blocking movement
• Displaying sexually explicit images, emails, or messages in the workplace
• Persistent requests for dates or sexual favors despite being told no
• Sexual gestures, staring, or leering
• Making derogatory comments about someone’s body, appearance, or sexuality
• Spreading sexual rumors about a coworker

A hostile work environment can be created by anyone in the workplace—supervisors, coworkers, or even non-employees like clients, customers, or contractors. The conduct does not need to be directed at the person bringing the claim; witnessing pervasive harassment of others can also give rise to a valid claim.

Employer Liability for Sexual Harassment

One of the most important aspects of California law is how employer liability is determined. Under FEHA:

• Strict liability for supervisor harassment: When a supervisor engages in sexual harassment, the employer is automatically liable—regardless of whether the employer knew about the harassment or took steps to prevent it. This is a significant advantage for employees under California law compared to federal standards.
• Negligence standard for coworker or third-party harassment: When the harassment is committed by a coworker or non-employee, the employer is liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action.
• Mandatory prevention: California law requires employers to take “all reasonable steps” to prevent harassment, including providing regular anti-harassment training (required for employers with five or more employees under SB 1343).

Filing Deadlines

Timing is critical in sexual harassment cases:

• California CRD (formerly DFEH): You have three years from the date of the last harassing act to file a complaint with the Civil Rights Department.
• Federal EEOC: You must file within 300 days of the harassing act with the Equal Employment Opportunity Commission (because California is a “deferral state”).

In cases involving a continuing pattern of harassment, the filing deadline may be measured from the most recent incident. However, we strongly encourage you to contact an attorney as soon as possible to preserve your rights and document the harassment while events are fresh.

Damages and Remedies

Employees who successfully prove sexual harassment may be entitled to:

• Economic damages: Lost wages, lost benefits, and future earning capacity if you were terminated or forced to resign
• Non-economic damages: Compensation for emotional distress, anxiety, depression, humiliation, and loss of enjoyment of life
• Punitive damages: Additional damages designed to punish the employer for particularly egregious or malicious conduct (available under FEHA)
• Attorney’s fees and costs: Reimbursement of your legal expenses
• Injunctive relief: Court orders requiring the employer to change policies, provide training, or take other corrective measures

“You have the right to work without fear of harassment. If your employer failed to protect you, we will hold them accountable.”