Neither your sex nor your gender should dictate how you are treated at work or what job benefits you receive. If your employer treats you poorly because of your sex, gender, gender expression, or sexual orientation, your employer could be liable for sexual harassment, and you might be entitled to legal relief. But before you can enforce your rights against sexual harassment, you have to be able to prove that it occurred.
If you do not know how to prove workplace sexual harassment in California, please read the article below and give one of our attorneys a call. Our experienced California sexual harassment attorneys at King & Siegel LLP can provide the strongest arguments to help you win your claim against your employer and recover the maximum amount of damages you are owed.
What Is Workplace Sexual Harassment?
The California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 (Title VII) forbid employers from engaging in sexual harassment or allowing it to happen. These laws define sexual harassment in essentially the same way.
So what qualifies as sexual harassment? Under the law, illegal sexual harassment is unwelcome, sex-based conduct that takes on one of the following forms:
- Quid pro quo harassment—this type of harassment occurs when enduring unwanted sexual advances is a condition of continued employment or increased work benefits; or
- Hostile work environment harassment—this type of harassment occurs when unwelcome, sex-based conduct at work is so prevalent or severe that a reasonable person would label an employee’s workplace as hostile.
Sexual harassment can also manifest in many ways, such as:
- Jokes,
- Insults,
- Stereotyping comments,
- Non-consensual touching,
- Invasions of privacy,
- Name-calling,
- Exclusion of people because of sex or gender,
- Comments about body parts or appearance,
- Requests for romantic or sexual encounters,
- Exposure of body parts,
- Displays of sex-based content, and
- Graphic gestures.
Direct targets of harassing behavior and witnesses who are affected by the misconduct have the right to take legal action against an employer or harasser. Harassment in the workplace can hurt everyone in its orbit; therefore, everyone around harassing behavior should have the opportunity to seek relief.
What Are the Criteria for How to Prove Sexual Harassment?
Quid pro quo harassment needs to happen only once for you to establish your right to damages under the law. However, recovering compensation and legal relief for hostile work environment harassment can be more challenging. Unless a single incident of harassment that creates a hostile environment is particularly extreme (e.g., non-consensual touching or the use of a highly offensive slur), you will likely have to prove that there was a pattern of harassment in your workplace.
To hold your employer accountable for harassment, you must prove the following:
- A supervisor took adverse employment action against you because of your refusal to accept unwanted sexual advances or other unwelcome, sex-based conduct; or
- Your employer knew or should have known about harassment taking place in the work environment, you took reasonable action to address the harassment, and your employer unreasonably failed to prevent or correct the harassment.
Depending on the circumstances, an employer can be liable for harassment by a supervisor, contractor, client, non-supervisor employee, or customer.
However, when harassment occurs, it is crucial that you use your employer’s procedures to immediately report the harassment to management. And if your employer has no sexual harassment policy in place, you should speak to a trusted supervisor or human resources about the misconduct. To help make sure your report effectively establishes your claim, speak to a knowledgeable attorney first.
What Is the Evidence Needed to Prove Sexual Harassment?
Documenting the evidence needed to prove harassment can feel daunting, especially when you’re still trying to process what happened. But this step is critical. Without it, an employer or court may dismiss even the most egregious acts as misunderstandings or exaggerations.
The most compelling cases of sexual harassment at work in California often include a mix of firsthand documentation, witness accounts, and employer records. Begin by logging each incident—immediately. Date it. Describe it. Name anyone who was present. These entries can later form a reliable timeline showing the abuse’s frequency and pattern.
Digital records are equally important. Text messages, emails, internal chats, or calendar entries referencing inappropriate behavior can bolster your credibility. If coworkers witnessed the misconduct, ask if they’re willing to write down what they saw. Their statements can be vital, especially if your employer retaliates after you report the behavior.
From the first instance of harassment, you should be collecting evidence of the unlawful behavior. Specific evidence to prove your harassment case can include the following:
- Notes with details of every harassing incident, including when and how each incident occurred;
- Contact information for witnesses to the harassment;
- Wage records;
- Photos or screenshots of inappropriate messages, comments, or content;
- Correspondence from your employer or harasser;
- Personnel records;
- Copies of complaints and resolutions of complaints;
- Follow-up emails from management (or the absence of them);
- Any disciplinary documents issued after your report, especially if they appear retaliatory;
- Pictures;
- Copies of employer policies;
- Healthcare records;
- Receipts and invoices;
- Copies of employment contracts; and
- Statistical evidence regarding your employer’s past misconduct.
If your work life or health suffered as a result of harassment, don’t forget to keep:
- Doctor’s notes describing emotional distress, anxiety, or other trauma;
- Prescriptions for mental health treatment;
- Evidence of lost wages, missed promotions, or sudden schedule changes; and
- Any employer evaluations that reflect a change in behavior or performance.
Some of the above-listed evidence should be readily available to you, but other evidence can be challenging to gather on your own. Using certain legal methods, an experienced attorney can recover the evidence that you are unable to collect. Our skilled attorneys can help ensure that you have all the evidence you need to successfully adjudicate your claim against a harasser or unscrupulous employer.
Frequently Asked Questions
Here are questions and concerns we hear from our clients about workplace sexual harassment.
What If My Employer Retaliates Against Me for Reporting Sexual Harassment?
Retaliation is illegal under California law and Title VII. Retaliation includes being fired, demoted, or excluded for filing a complaint. When this happens, we can help you pursue a retaliation claim alongside the original harassment complaint.
Do I Have to Quit My Job to Bring a Claim?
No. Many people continue working during or after starting the legal process. In fact, California law prohibits employers from forcing employees out due to a complaint. If they do, that may form the basis of a constructive termination case.
Can I Bring a Claim If the Harassment Happened Outside the Office or After Hours?
Yes. Sexual harassment doesn’t have to occur inside company walls or during business hours to be actionable. If the harassment is connected to your employment—e.g., it happens at a work party, on a business trip, or in work-related messages sent during off-hours—it still counts under the law.
Do Harassment Laws Still Apply If I’m a Remote Employee?
They do. Remote workers have the same legal protections as in-office employees. Harassment via Zoom, Slack, email, or text messages is just as real—and just as illegal—as in-person misconduct.
Can Someone Who Doesn’t Work for My Employer Harass Me?
Yes. California law holds employers accountable if they allow non-employees—such as vendors, clients, or independent contractors—to harass staff and fail to take reasonable steps to prevent or stop it. You still have a valid claim.
Will Filing a Harassment Complaint Make My Case Public?
Not right away. Filing a complaint with your employer or the California Civil Rights Department (CRD) is typically confidential. If your case goes to court, some documents may become public, but there are steps your attorney can take to protect sensitive information and limit public exposure.
Can King & Siegel Help Me Even If I Haven’t Filed a Formal Complaint Yet?
Absolutely. Whether you’re still deciding what to do or ready to take action, we offer free 30-minute consultations. Our attorneys will carefully and confidentially walk you through your options.
Is There a Time Limit to File a Sexual Harassment Claim in California?
Yes. Generally, you must file a complaint with the CRD within three years of the most recent incident. After that, you have one year to file a lawsuit. However, deadlines can be tricky, so it’s wise to speak with an attorney at King & Siegel as soon as possible to preserve your rights.
If You’ve Experienced Sexual Harassment at Work, California Firm King & Siegel Can Help Protect You
The law requires your employer to protect you from harassment in the workplace. And your employer should compensate you if it fails to correct or prevent sex-based misconduct that affects you at work. However, holding an employer accountable for its legal failures is challenging. That is why you should have a skilled and experienced attorney to assert your rights.
The first step is to stop wondering and start acting. The right legal support can turn your private pain into public accountability. If you’re wondering how to prove sexual harassment at work, California firm King & Siegel can help.
King & Siegel’s attorneys know how to protect your well-being in the workplace when your employer fails or refuses to do so. We are award-winning advocates who can guide you through the complaint process and maximize your relief. We were educated at top-five law schools and received our training at the best litigation firms in the country. With Spanish-speaking services and a commitment to exclusively representing employees, our attorneys are ready to help you fight for your rights. Reach out to us if you need top-level representation. Please call us or contact us online for a free case review.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.