California workplace sexual harassment laws protect employees and outline rights, reporting steps, employer duties, and available legal remedies. This article explains harassment types, complaint options, retaliation rules, compensation, and recent arbitration law changes affecting California workers.
By Brad Nakase, Attorney
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Workplace sexual harassment can be very difficult to handle. But understand this—you’re not isolated. This issue shows up in LA offices, San Francisco startups, and job sites across California.
What happened to you is real. Your gut feeling isn’t “wrong.”
Here is the bottom line: You have actual legal armor. California has some of the toughest protections in the country, and they exist for one reason—to make sure you don’t have to just “take it.”
This guide isn’t about corporate fluff. It serves as a guide to help you comprehend your rights. It discusses boots-on-the-ground steps you can take to stand up for yourself & get justice.
The numbers are pretty grim. The EEOC’s numbers make one thing clear. This isn’t rare. Sexual harassment at work has affected one in four women. It’s one in five for men. That’s not a fluke. It’s not a few bad offices or a handful of outdated cases.
It’s happening right now. In warehouses, in hospitals, & in corporate offices.
The #MeToo movement finally broke the silence, but it also exposed just how much garbage people have had to put up with just to keep their jobs.
Here is the straight talk on the law:
Related: Sexual Harassment Training Requirements California: Employer Obligations, Content, and Compliance
California law doesn’t ask whether someone meant to cross a line. It asks what the behavior did to your work environment.
If sexual behavior makes your job feel tense, degrading, or unsafe because of your sex, that’s harassment. Full stop. It doesn’t have to be constant. One incident can be enough if it’s serious.
No pattern required. No “just kidding” defense.
If it made you dread coming to work or question your safety, the law doesn’t shrug. It listens—even if your employer didn’t. You might wonder: “What is generally the first step for someone experiencing sexual harassment? The answer isn’t complicated. It’s about knowing your rights.
You’re entitled to a workplace that feels safe and professional. Not tense. Not degrading.
California law places that responsibility squarely on your employer. They are required to take it seriously and respond appropriately once harassment is reported. Looking the other way isn’t acceptable.
Most California employers have a written sexual harassment policy because the law requires it. Many employees never read it until something goes wrong.
Take the time to find it. Pay attention to the reporting process & who complaints are supposed to go to. That detail matters more than people realize. What is generally the first step for someone experiencing sexual harassment? It’s reviewing your employer’s policy & understanding the reporting process.
Put it in writing whenever possible. Write an email summarizing what was said if the initial report is verbal. Include dates, locations, names, & witnesses. You may feel uncomfortable, but be specific and detailed. Save everything. Emails, screenshots, notes.
This isn’t about escalation. It’s about protecting your position and creating a record.
What is generally the first step for someone experiencing sexual harassment? Filing a complaint internally comes first. Outside agencies are next. You have to look outside the company for help if nothing changes after you report the harassment.
Involve the state or federal government if your boss ignores you or starts punishing you for speaking up. You can file a formal complaint with either the California Civil Rights Department (formerly DFEH). The federal route is the Equal Employment Opportunity Commission (EEOC). You don’t need to do both—picking one is enough to get the gears turning.
This stuff is complicated. Having an employment lawyer in Los Angeles or San Francisco can take the weight off your shoulders. A good attorney will:
Be incredibly careful about what you post online. Your employer’s lawyers will be scouring your accounts. They want to find anything they can use to twist the story.
If you win a sexual harassment case in California, the law is designed to actually pay you back for what you’ve been through. It isn’t just about a “sorry”—it’s about cold, hard compensation for the ways your life and career were messed with.
Additional Remedies
Aside from just getting your lost wages back, there are a few other ways the court can try to make things right. The court can actually order the company to pay for your legal fees and costs if you win a civil lawsuit. It includes what you spent on expert witnesses.
The punishment is harsher in the absolute worst cases. The company wasn’t just negligent but was actually cruel. You might get punitive damages. This is extra money meant specifically to punish the employer and make sure they never do it again.
What Counts as “Extreme” Behavior? (Civil Code 3294)
California is very specific about when you can hit a company with punitive damages.
This is where it gets technical, but it matters for your paycheck. If you file under Federal Law (Title VII), there is a “cap” or a limit on how much you can get in punitive damages based on how big the company is:
Small companies (15–100 people): The most you can get is $50,000.
Big corporations (500+ people): The limit jumps up to $300,000.
The California Advantage: Under California’s state law (FEHA), these “caps” don’t exist in the same way. This is why most people in CA prefer to file using state law—it doesn’t put a ceiling on your justice just because of the company’s size.
The legal system loves to use fancy terms, but when you’re actually living through it, it’s much simpler. Basically, there are two main ways this happens at work.
This is the classic “this for that” scenario. It’s when someone in power tries to use their power as a bargaining chip for sexual demands.
This is less about a specific “deal” and more about the workplace becoming a nightmare. It’s when the behavior around you gets bad and frequent. You can’t even focus on your job.
The guidelines are established by the Fair Employment and Housing Act. Sexual harassment is considered employment discrimination under FEHA & federal law (Title VII).
1. Employee Liability
If an employee harasses someone, they can be held personally responsible for damages. It doesn’t matter if the employer knew or not.
2. Employer Liability
Employers can be on the hook, too. If a supervisor harasses, the employer is “strictly liable.” Or if the employer knew—or should have known—and did nothing, they are responsible.
3. Filing a Complaint
FEHA doesn’t let you skip straight to court. You have to file with the California Department of Fair Employment and Housing (DFEH) first. Only after getting a right-to-sue notice can you take the case to court.
Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act (EFASASHA) is the new federal law. It changed the rules of the game.
Many workers were blocked from ever seeing a courtroom because of the “fine print” in their hiring paperwork. Companies used to force employees into private arbitration. A secret process that kept harassment claims out of the public eye.
Here is how things work now:
1. No More Mandatory Secrets
Arbitration is private, which usually helps companies hide bad behavior. This new law stops employers from forcing you into that private system if you’ve been sexually harassed or assaulted.
2. You Have the Choice
You can now ignore the arbitration agreement even if you signed it on your first day.
3. Strength in Numbers
The law also protects your right to join a class action. Employers can no longer use “joint-action waivers” to stop groups of survivors from suing together.
Those old contracts you signed aren’t the brick wall they used to be. You have a path to a public trial, a jury, & a permanent record of what happened. This transparency is a massive win for holding companies accountable.
Texts, emails, notes, anything offensive—don’t erase them. They matter. Take screenshots and photos. Write down dates, times, locations, & witnesses. Every little detail counts.
California law says you need everyone’s permission to record private talks. Audio, video with sound—same rule. Exceptions are rare, like recording police on duty. Don’t record when in doubt.
Time limits exist. DFEH complaints: file within one year. EEOC complaints: usually 180 days, 300 in California. Waiting can cost you your rights.
If your employer punishes you for speaking up, that makes the situation worse legally.
“He wasn’t attracted to you.” “They’re not our employee.” “You’re just an intern.” None of these excuses matters. Harassment is harassment & everyone is protected.
What seems mild to you may deeply affect someone else. Harassment is judged by impact.
Feeling upset is normal. Perpetrators may claim it was “just a joke.” Impact matters more than intent.
Forced sexual contact is not harassment—it’s sexual assault. That’s a crime under California law.
The bottom line is this: you don’t have to just “deal with it.” The most important thing to remember is that you aren’t stuck. California law is built to be your leverage, ensuring that “business as usual” doesn’t include being targeted or degraded. Whether you are facing a supervisor’s “this for that” ultimatum or a toxic office environment that makes you dread your alarm clock, the law is on your side.
You have more power now than ever before. With the end of forced arbitration and the strength of FEHA, you finally have a clear path to get actual justice and hold the right people responsible. Don’t let a company’s HR department or a bad boss convince you that you’re alone.
You have the law, you have the right to compensation, and you have the right to a job where you actually feel safe. The big question remains: “What is generally the first step for someone experiencing sexual harassment?” It’s simple. Recognize it, record it, & report it.
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