California Workplace Sexual Harassment Lawyer
Table of Contents
- Why Harassment Victims Choose Abramson Labor Group
- What Counts as Sexual Harassment at Work in California?
- Can One Incident Be Enough?
- Sexual Assault at Work
- Is It Hard to Win a Sexual Harassment Case?
- Who Is Protected, and Who Can Be Held Responsible?
- Can You Sue for Sexual Harassment in California?
- What Must Your Employer Do to Prevent Harassment?
- What to Consider If You Are Being Harassed
- How Long Do I Have to Act?
- Serving Employees Across California
- Frequently Asked Questions
- How much does a sexual harassment attorney cost?
- What are three things that are considered harassment?
- What types of harassment are illegal at work?
- Can I have a claim if the harassment was aimed at someone else?
- Is it sexual harassment if it was consensual?
- Can you go to jail for sexually harassing someone at work?
- Can I only report sexual harassment to my employer?
- What makes a strong sexual harassment case?
- Can my employer make me sign away a harassment claim?
- Can my employer force my harassment claim into arbitration?
- Can a settlement keep the harassment secret?
- Can I still sue if I work there?
- Can a man be sexually harassed, or harassed by someone of the same sex?
- Can I sue the person who harassed me, not just my employer?
- My company is small. Does the law still apply?
- Talk to a Sexual Harassment Lawyer
- Sexual harassment is a form of sex discrimination, and it does not have to involve sexual desire.
- Under California law, a single incident of harassing conduct can be enough to create a triable issue of a hostile work environment.
- Harassment is prohibited in workplaces with even one employee, and the law protects applicants, unpaid interns, volunteers, and contractors.
- Employers are liable for harassment by supervisors, and the harasser can be personally liable.
- You generally have three years from the last act of harassment to file with the California Civil Rights Department, and one year to sue after a right-to-sue notice.
If you are being sexually harassed at work, a California sexual harassment lawyer can help you make it stop and hold the right people accountable. Abramson Labor Group is an employee-side sexual harassment law firm: we represent employees, never employers, in sexual harassment claims. Our case reviews are free and confidential, and we work on contingency.
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Founding Partner
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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Why Harassment Victims Choose Abramson Labor Group
- Employees only. We represent California workers, never employers.
- Documented results. Our case results include $1.5 million for a sexual harassment client. Past results do not guarantee a similar outcome.
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Founding partner Zev Abramson founded the firm in 2015, earned his J.D. at Loyola Law School, and is a member of CELA and CAALA.
- Help in English and Spanish, with intake also available in Armenian.
What Counts as Sexual Harassment at Work in California?
Sexual harassment is a form of sex discrimination. The California Civil Rights Department (CRD) defines it as discrimination based on sex or gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, or sexual orientation. It does not have to involve sexual desire. Under Government Code section 12940(j), harassment because of sex also includes gender harassment and harassment based on pregnancy.
Anyone can be a target. The CRD states that “individuals of any gender can be the target of sexual harassment,” including by a harasser of the same gender.
Quid pro quo harassment
This happens when someone “conditions a job, promotion, or other work benefit on your submission to sexual advances” (CRD). A supervisor who says “go out with me and the promotion is yours,” or “sleep with me or you are fired,” is making a quid pro quo demand.
Hostile work environment harassment
This happens when unwelcome comments or conduct based on sex “unreasonably interferes with your work performance or creates an intimidating, hostile, or offensive work environment” (CRD). Learn more about what makes a hostile work environment and California hostile work environment laws.
- Repeated sexual comments, jokes, or remarks about your body
- Unwanted touching, hugging, groping, or blocking your path
- Leering, or sharing sexual images, videos, emails, or messages
- Repeated requests for dates after you said no
- Questions about your sex life, or offensive comments about your sexual orientation or gender identity
Can One Incident Be Enough?
Yes, it can. California law states that “a single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment” (Government Code section 12923(b)). The same section says the standard does not change by type of workplace, even in jobs where sexual talk is common. Whether your situation qualifies depends on all the facts, so consider speaking with an employment attorney even if it happened once.
Sexual Assault at Work
Sexual assault at work is harassment under California law and may also be a crime. State regulations list “physical harassment, e.g., assault, impeding or blocking movement” as a form of harassment (2 CCR 11019(b)(2)). Touching an intimate part of another person against their will, for sexual purposes, is sexual battery under Penal Code section 243.4.
A criminal case and a civil claim are separate. Workers’ comp is usually the only remedy against an employer for a job injury. The law makes an exception for a willful physical assault by the employer (Labor Code section 3602(b)). If you were assaulted at work, your safety comes first. The California Attorney General advises calling 911 if you are in immediate danger, reporting the assault to local police and seeing a healthcare provider promptly. It also lists the national sexual assault hotline, 800-656-HOPE (4673). When you are ready, a workplace sexual assault lawyer can explain how a harassment claim, a police report and any injury claim fit together.
Is It Hard to Win a Sexual Harassment Case?
California law makes these cases easier to bring than many people expect. You do not have to prove your work suffered. The test is whether “a reasonable person subjected to the discriminatory conduct would find” that the harassment “so altered working conditions as to make it more difficult to do the job” (Government Code section 12923(a)).
The same law says a remark can count as evidence even if a decision-maker did not say it (12923(c)). It also states that “harassment cases are rarely appropriate for disposition on summary judgment” (12923(e)), so judges rarely end these cases before trial. Every case still turns on its evidence, which is why records made at the time matter.
Who Is Protected, and Who Can Be Held Responsible?
California’s harassment protections are broader than federal law. They cover nearly every workplace and reach people who are not regular employees.
| Question | What California law says |
|---|---|
| Which employers are covered? | Any employer with one or more employees (Gov. Code 12940(j)(4)(A)). The CRD states that harassment is prohibited “in all workplaces, even those with fewer than five employees.” |
| Who is protected? | Employees, applicants, unpaid interns, volunteers, and contractors (CRD) |
| Harassment by a supervisor | The employer is liable (CRD fact sheet) |
| Harassment by a coworker, customer, or vendor | The employer is liable if it knew or should have known and failed to take “immediate and appropriate corrective action” (Gov. Code 12940(j)(1)) |
| Is the harasser personally liable? | Yes. An employee who harasses is personally liable (Gov. Code 12940(j)(3)) |
Not every hurtful behavior is sexual harassment. Our article on harassment vs bullying at work explains the difference, and abusive conduct in California covers mistreatment that is not tied to sex.
Can You Sue for Sexual Harassment in California?
Yes. A sexual harassment lawyer can bring a claim under California’s Fair Employment and Housing Act (FEHA), and often under federal Title VII as well. State law usually gives workers more.
| Issue | California (FEHA) | Federal (Title VII) |
|---|---|---|
| Employers covered for harassment | One or more employees (Gov. Code 12940(j)(4)(A)) | 15 or more employees (42 U.S.C. 2000e(b)) |
| Caps on emotional distress and punitive damages | Not subject to the federal caps, which apply to Title VII actions | $50,000 to $300,000 combined, by employer size (42 U.S.C. 1981a(b)(3)) |
| Deadline to file with the agency | 3 years with the CRD (CRD) | Generally 300 days with the EEOC where a state agency enforces a similar law (EEOC) |
Depending on the facts, a FEHA claim may recover several kinds of damages: lost wages, emotional distress, punitive damages when the conduct meets the standard in Civil Code section 3294, and attorney’s fees (Gov. Code 12965(c)(6)). Our retaliation page covers what happens if you were punished for reporting it.
What Must Your Employer Do to Prevent Harassment?
California employers must “take all reasonable steps necessary to prevent discrimination and harassment from occurring” (Gov. Code 12940(k)). Employers with five or more employees must also provide sexual harassment prevention training, according to the CRD:
- At least 2 hours for supervisors, and at least 1 hour for other employees
- Within 6 months of starting the role
- Once every two years after that
Sexual harassment often overlaps with other claims. If you were treated differently because of your sex, see our gender discrimination page and our guide to workplace discrimination in California.
What to Consider If You Are Being Harassed
Every situation is different. These are options many employees consider.
- Write down what happened. Consider noting the date, what was said or done, and who saw it, while the details are fresh.
- Keep what you are entitled to keep. Consider saving texts, emails, and messages you received, on a personal device you control. Do not take confidential company files.
- Consider reporting it. If appropriate, consider reporting the conduct through your employer’s complaint process and keeping a copy. Accurately describe what occurred. The California Attorney General warns that failing to report the conduct in any way “may impact your ability to further pursue remedies against your employer.”
- Watch for retaliation. Punishing you for complaining is illegal. See our retaliation page if you were demoted, cut, or fired after reporting.
- Consider speaking with an employment attorney. An attorney can evaluate whether the conduct may violate California law and explain your options and deadlines.
If the harassment made your job so intolerable that you felt forced to resign, you may also have a constructive discharge claim.
How Long Do I Have to Act?
Different employment claims can have different deadlines. For FEHA harassment claims, the Civil Rights Department says you “must submit an intake form to CRD within three years of the date you were last harmed.” That period does not apply to every claim, so it is worth having your situation reviewed early. An employment attorney can evaluate which deadlines apply to you.
How does a harassment claim reach court?
A FEHA lawsuit generally starts with a CRD complaint and a right-to-sue notice. That notice opens a shorter window: the notice must tell you that you may sue “within one year from the date of that notice” (Government Code section 12965(c)(1)(D)). Asking for a notice early can start that one-year clock before you are ready, which is one reason many workers get advice first.
Serving Employees Across California
We represent employees facing sexual harassment in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers. In Los Angeles, see our Los Angeles sexual harassment lawyer page. We also help workers in industries where harassment complaints are common, including the construction industry, restaurants and hotels.
Frequently Asked Questions
How much does a sexual harassment attorney cost?
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees. Learn more about how contingency fees work.
What are three things that are considered harassment?
California regulations name verbal, physical and visual harassment. Examples include slurs and derogatory comments, assault or blocking someone’s movement, and derogatory posters or drawings. Unwanted sexual advances tied to a job benefit are a fourth listed form (2 CCR 11019(b)(2)).
What types of harassment are illegal at work?
Harassment based on a protected trait. FEHA covers race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, and veteran or military status (Gov. Code 12940(j)(1)). See our racial, religious, age and disability discrimination pages.
Can I have a claim if the harassment was aimed at someone else?
Possibly. The California Attorney General notes that covered conduct includes conduct that “creates a hostile environment for co-workers.” Whether witnessing it is enough depends on how severe it was and how it affected your work. An employment attorney can evaluate the facts.
Is it sexual harassment if it was consensual?
Not if the conduct was truly welcome. Harassment law covers unwelcome conduct, as the CRD fact sheet explains. Once you make clear the conduct is no longer welcome, such as after a relationship ends, continued advances can become harassment.
Can you go to jail for sexually harassing someone at work?
Harassment claims under FEHA are civil, so they lead to money damages, not jail. Some conduct is also a crime. Misdemeanor sexual battery can bring up to six months in county jail, and the maximum fine rises to $3,000 when an employer commits it against an employee. Sexual battery involving unlawful restraint can be charged as a felony, with two, three or four years in state prison (Penal Code section 243.4).
Can I only report sexual harassment to my employer?
No. You can report through your employer and also to the California Civil Rights Department or the EEOC. According to the California Attorney General, CRD and EEOC complaints are cross-filed automatically, so one complaint reaches both. Our article on how to file a workplace harassment complaint covers the options.
What makes a strong sexual harassment case?
Records made at the time. Notes with dates, saved messages, names of witnesses and a copy of any complaint you made all help. California law also lets a remark count as evidence even when a decision-maker did not say it (Gov. Code 12923(c)).
Can my employer make me sign away a harassment claim?
Not as a condition of your job. An employer cannot require you to release a FEHA claim “in exchange for a raise or bonus, or as a condition of employment or continued employment.” A separation agreement also cannot bar you from discussing unlawful acts at work (Gov. Code 12964.5). Read our guide to severance agreements before signing one.
Can my employer force my harassment claim into arbitration?
Not if you choose court. Under federal law, “at the election of the person alleging conduct constituting a sexual harassment dispute,” no predispute arbitration agreement or joint-action waiver is “valid or enforceable.” The same rule covers sexual assault, and a court decides whether it applies (9 U.S.C. 402).
Can a settlement keep the harassment secret?
Not the facts. California bars settlement terms that prevent “the disclosure of factual information” about sexual harassment claims (Code of Civil Procedure section 1001). At your request, a settlement can still protect your identity.
Can I still sue if I work there?
Yes. FEHA bars retaliation against anyone who “opposed any practices forbidden” by the law or “filed a complaint” (Gov. Code 12940(h)). Our guide to suing your employer while still employed explains what to expect.
Can a man be sexually harassed, or harassed by someone of the same sex?
Yes. According to the CRD, people of any gender can be targets. Harassment can also come from someone of the same gender, regardless of either person’s sexual orientation or gender identity.
Can I sue the person who harassed me, not just my employer?
Yes. Under Government Code section 12940(j)(3), an employee who harasses a coworker is personally liable, whether or not the employer knew about it.
My company is small. Does the law still apply?
Yes. California’s harassment ban applies to employers with even one employee. The five-employee threshold applies to discrimination claims and to the training requirement, not to harassment.
Talk to a Sexual Harassment Lawyer
If you are being harassed at work, or you were punished for reporting it, we can review what happened and explain your options. Request your free case evaluation, contact us, or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.