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If you are being harassed at work in California, you can report it to your employer and file a harassment complaint with the state. Below, we explain how to file a harassment complaint in California and how to report harassment at work first. We also cover which agencies handle it, the deadlines, and where people often lose options without realizing it.
How Do You File a Harassment Complaint in California?
A state complaint starts with an intake form submitted to the California Civil Rights Department (CRD), followed by an intake interview. In employment cases, the intake form generally must be submitted within three years of the date you were last harmed (CRD). Requesting a right-to-sue notice instead generally starts a one-year clock to file a lawsuit (Gov. Code 12965).
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Danielle Langella is an Associate Attorney at Abramson Labor Group, where she helps California employees stand up for their rights at work. Before joining ALG, Danielle worked at Good American as a Marketing Coordinator and Assistant to the Brand Director,…
Key Takeaways
- California’s harassment law covers any employer that regularly employs one or more people (Gov. Code 12940(j)(4)(A)).
- A state complaint begins with a CRD intake form, generally within three years of the date you were last harmed (Gov. Code 12960).
- To sue in court, you first need a right-to-sue notice, and the lawsuit is generally due within one year of it (Gov. Code 12965).
- Under worksharing agreements, a charge filed with the EEOC or a state agency like CRD is generally filed with the other automatically (EEOC).
- An employer cannot retaliate against you for filing a complaint, and the harasser can be held personally liable (Gov. Code 12940(h), (j)(3)).
Is This Your Situation?
- You are dealing with unwanted, offensive, or hostile treatment at work and want to know how to report it.
- Nothing changed after you told your employer, or you were punished for speaking up.
- You want to understand your options before you decide whether to file a formal complaint or a lawsuit.
- The agency to contact, or how long you have to act, is unclear to you.
What Harassment Can You Report Under California Law?
In California, workplace harassment is covered by the Fair Employment and Housing Act (FEHA). Harassment is unlawful when it is based on a protected trait. Examples include race, sex, religion, national origin, age, disability, sexual orientation, gender identity, and pregnancy. Under California Government Code section 12940(j), harassment because of sex includes sexual harassment, gender harassment, and harassment tied to pregnancy or childbirth. It does not have to be motivated by sexual desire to be illegal.
Almost every employer is covered. For harassment claims, the law defines “employer” as any person “regularly employing one or more persons” (Gov. Code 12940(j)(4)(A)). That standard is broader than the five-employee threshold that applies to many discrimination claims.
California also tells courts how to judge harassment. A hostile work environment “depends upon the totality of the circumstances.” A remark made outside an employment decision may still count as evidence (Gov. Code 12923(c)). Read more about what a hostile work environment is and California hostile work environment laws. Mistreatment that is not tied to a protected trait may fall under California’s rules on abusive conduct at work instead.
How to File a Harassment Complaint, Step by Step
1. Write down what happened
Before you file, gather the facts. CRD asks filers to have “the specific facts and any records about the incident(s).” It also asks for the name and contact information of the person or company involved, if known, and any witnesses (CRD complaint process). Save emails, texts, photos, and dated notes that you are lawfully entitled to keep. Our article on what to document at work explains what helps most.
2. Report harassment at work to your employer, if it is safe
Many employers have a policy that tells you how to report harassment, often to a supervisor or human resources. Reporting internally gives your employer the chance to fix the problem, and it can matter later. For coworker harassment, the employer is generally liable if it knew or should have known and failed to take “immediate and appropriate corrective action” (Gov. Code 12940(j)(1)). A dated email is the clearest record of when you reported. If you are punished for reporting, that punishment may itself be illegal retaliation. Our article on what counts as retaliation under California law explains that separately.
3. Start a complaint with the Civil Rights Department
A state complaint begins with an intake form submitted to CRD. According to CRD, submitting the intake form “will initiate an intake interview with a CRD representative,” who decides whether the complaint can be accepted for investigation. CRD can only investigate violations of the specific civil rights laws it enforces (CRD’s complaint process page). Accepting a complaint does not mean CRD has found that the law was broken. The same process applies if you want to report a hostile work environment or file a complaint against an employer in California.
4. Understand the choice between a CRD investigation and a lawsuit
You do not have to use CRD’s investigation process. As CRD explains, in employment cases you can instead pursue a lawsuit, but you must first obtain a right-to-sue notice from CRD. This is where many people lose time without realizing it. Once the notice issues, the lawsuit clock generally starts, and the lawsuit is generally due within one year (Gov. Code 12965). Consider speaking with an employment attorney before you request a right-to-sue notice.
5. Know that the EEOC may be involved too
The federal Equal Employment Opportunity Commission (EEOC) enforces similar workplace harassment laws. Under worksharing agreements, a charge filed with the EEOC or a state agency like CRD is automatically filed with the other (EEOC). This is called dual filing, and it can protect your rights under both state and federal law.
CRD vs. EEOC: How the Two Complaints Compare
Most California employees can bring a harassment complaint under state law, federal law, or both. The biggest practical difference is which employers each law covers.
| California Civil Rights Department (CRD) | Equal Employment Opportunity Commission (EEOC) | |
|---|---|---|
| Law it enforces | California’s FEHA | Federal laws, including Title VII |
| Employers covered for harassment | Employers that regularly employ one or more people (Gov. Code 12940(j)(4)(A)) | Title VII applies to employers with 15 or more employees (EEOC) |
What Can a Harassment Complaint Lead To?
Outcomes depend on the facts and the path you choose. CRD lists possible results that include recovery of out-of-pocket losses, policy changes, training, emotional distress damages, and civil penalties or punitive damages (CRD). An employment attorney can explain which ones may fit your situation.
How Long Do I Have to File a Harassment Complaint?
Different employment claims can have different filing deadlines. For many FEHA harassment claims, an employee generally has three years from the date last harmed to begin the process with CRD (Government Code section 12960; CRD). After CRD issues a right-to-sue notice, a lawsuit generally must be filed within one year of that notice (Government Code section 12965).
The federal deadline is shorter. An EEOC charge is normally due within 180 days. That extends to 300 days because California has its own enforcement agency (EEOC). Exceptions and tolling rules can shorten or extend any of these periods, so do not assume one deadline applies to every case. An employment attorney can evaluate which deadlines apply to your situation.
Frequently Asked Questions About Filing a Harassment Complaint
Can I file a harassment complaint after I leave the job?
Yes. The CRD deadline runs from “the date you were last harmed,” not from the date your job ended (CRD). Before signing anything on the way out, read our article on severance agreements in California.
What if CRD does not accept my complaint for investigation?
That does not mean you have no case. CRD states that if a complaint “is not accepted for investigation, it is not because CRD does not believe you were treated unfairly.” CRD can only investigate the laws it enforces (CRD). An employment attorney can evaluate whether other claims or deadlines apply.
Can one incident be enough for a harassment complaint?
Possibly. Under Gov. Code 12923(b), “a single incident of harassing conduct is sufficient to create a triable issue.” That applies when it unreasonably interfered with the employee’s work or created an intimidating, hostile, or offensive environment.
What if a customer or client is harassing me?
Your employer can still be responsible. Under Gov. Code 12940(j)(1), “an employer may also be responsible for the acts of nonemployees” who harass workers. That applies when it knew or should have known and did not take “immediate and appropriate corrective action.”
What if my employer ignores my complaint?
That can be a separate violation. FEHA makes it unlawful for an employer “to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring” (Gov. Code 12940(k)). Keep a copy of your report and any response.
Can I get a restraining order against a coworker?
Possibly. “A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order” under California’s civil harassment law (Code Civ. Proc. 527.6). Separately, an employer or union representative may seek a workplace violence restraining order. It covers “harassment, unlawful violence, or a credible threat of violence” at work (Code Civ. Proc. 527.8). These orders are separate from a CRD complaint.
Does my employer have to train supervisors on harassment?
Yes, if it has five or more employees. Covered employers must give at least two hours of sexual harassment prevention training to supervisors and one hour to nonsupervisory employees, “once every two years” (Gov. Code 12950.1).
Can my employer retaliate against me for filing a harassment complaint?
No. California bars firing or other discrimination “because the person has filed a complaint, testified, or assisted in any proceeding” under FEHA. Opposing practices the law forbids is also protected (Gov. Code 12940(h)). CRD puts it plainly: “Firing an employee for filing a complaint with CRD is illegal retaliation.”
Can I file a complaint against the harasser personally?
Yes. An employee who harasses a coworker is “personally liable for any harassment prohibited by this section,” even when the employer is also responsible (Gov. Code 12940(j)(3)).
When to Talk to an Employment Lawyer About a Harassment Complaint
Consider speaking with a California employment lawyer if the harassment is severe or ongoing, or you were fired or demoted after reporting it. The same goes if you are thinking about a right-to-sue notice. Early advice also helps if you are unsure which agency or deadline applies. Our article on whether you have an employment law case covers the questions a lawyer will usually ask.
At Abramson Labor Group, we represent California employees in workplace harassment and retaliation cases, including as Los Angeles sexual harassment lawyers. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Last updated: October 26, 2026
This article 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.