Workplaces should foster productivity and professional growth—not intimidation, discomfort, or fear. Yet, for too many California workers, sexual harassment is a reality, lurking behind closed office doors, inappropriate messages, and power imbalances. The law is clear: Workplace sexual harassment is illegal. But understanding your rights, recognizing unlawful behavior, and knowing what steps to take can feel overwhelming—especially when your job, livelihood, and reputation are at stake.
Sexual harassment laws in California are some of the strongest in the nation, designed to protect employees from unwelcome advances, hostile work environments, and employer retaliation.
Whether you’re facing quid pro quo harassment, where a boss ties promotions or job security to compliance with sexual requests, or enduring an office culture riddled with offensive comments and inappropriate conduct, you have legal rights. And you don’t have to fight alone.
At King & Siegel LLP, we stand with employees—not corporations. Our award-winning Los Angeles sexual harassment attorneys have recovered tens of millions for workers throughout California, fighting for justice in cases of sexual harassment, discrimination, and wrongful termination.
If you’ve encountered workplace harassment, you deserve more than just a paycheck—you deserve respect, protection, and a legal team that will fight for you.
Keep reading to learn about California’s workplace sexual harassment laws, how to recognize violations, and what legal steps you can take to protect yourself. Then contact us and let us explain how we can help you.
Introduction: Understanding Workplace Sexual Harassment in California
Sexual harassment in the workplace isn’t just an uncomfortable experience—it’s a violation of California state law and federal protections designed to ensure safe, fair, and professional work environments.
Whether it’s a boss making inappropriate advances, coworkers engaging in sexually charged conversations, or an office culture that tolerates offensive behavior, no one should have to endure harassment to earn a living.
What Is the Definition of Sexual Harassment in the Workplace?
California law defines workplace sexual harassment as unwelcome sexual conduct that creates a hostile, intimidating, or offensive work environment. This includes:
- Quid pro quo harassment. This type of harassment occurs when a supervisor or employer conditions employment benefits, such as promotions, raises, or job security, on the acceptance of sexual advances or favors.
- Hostile work environment harassment. A form of harassment where severe or pervasive sexual conduct, such as lewd jokes, inappropriate touching, suggestive remarks, or repeated advances, makes it difficult for an employee to work.
Importantly, harassment does not need to be sexual—it can also include offensive remarks about someone’s gender, pregnancy, or sexual orientation. Harassment can come from bosses, coworkers, clients, or even third parties like vendors or customers.
Why Is it Important to Address and Prevent Sexual Harassment?
Sexual harassment isn’t just a legal issue—it’s a workplace epidemic that undermines employees’ dignity, productivity, and well-being. Victims of harassment often experience:
- Emotional and psychological stress—anxiety, depression, and fear of retaliation;
- Professional consequences—victims may be demoted, reassigned, or even terminated; and
- Hostile work cultures—workplaces may suffer from low morale, high turnover, and legal liability.
Employers have a legal duty to prevent and address harassment in the workplace. Failure to do so can result in severe legal consequences, including lawsuits and financial penalties.
Overview of California’s Strong Worker Protections Against Harassment
California has some of the strongest worker protections in the country when it comes to sexual harassment. The Fair Employment and Housing Act (FEHA), enforced by the California Civil Rights Department (CRD), provides broad protections that:
- Apply to all employers with five or more employees, unlike federal laws, which typically require a higher threshold;
- Hold employers liable for harassment by supervisors and, in some cases, even harassment by coworkers or non-employees;
- Require mandatory sexual harassment prevention training for companies with five or more employees;
- Prohibit retaliation against employees who report harassment, file complaints, or participate in investigations; and
- Allows extended timeframes to file claims, giving victims up to three years to file a complaint with the CRD.
California law does not tolerate workplace harassment, and employees have powerful legal tools at their fingertips. Understanding your rights is the first step toward holding harassers and negligent employers accountable.
What Are the Specific Types of Workplace Sexual Harassment?
Workplace sexual harassment takes different forms, but it has one thing in common: It creates an environment where employees feel unsafe, undervalued, or pressured to tolerate misconduct.
California law protects employees from all types of workplace sexual harassment, whether it comes from supervisors, coworkers, or even third parties like clients or vendors.
Below are the primary types of harassment recognized under California law and real-world examples of how they happen.
Quid Pro Quo Harassment
Quid pro quo, Latin for “this for that,” refers to situations where a boss, supervisor, or other person conditions employment benefits on tolerating sexual harassment. This behavior is one of the most blatant and unlawful forms of workplace harassment. It typically occurs when a supervisor, manager, or someone with authority demands sexual favors in exchange for promotions, raises, job security, or even just keeping a job.
Consider the following example of quid pro quo harassment. After a female employee at a marketing firm applied for a promotion, her supervisor told her, “If you want to move up, you’ll have to spend some private time with me after hours.” She refused, and her supervisor passed her over for the promotion.
California law is clear: Quid pro quo harassment is illegal, and victims have the right to take legal action.
Hostile Work Environment
A hostile work environment occurs when unwelcome sexual conduct is so severe or pervasive that it interferes with an employee’s ability to do their job. Unlike quid pro quo harassment, a hostile work environment doesn’t necessarily involve a direct exchange of favors—it’s about creating an abusive, intimidating, or offensive atmosphere.
This type of harassment can involve inappropriate jokes, lewd comments, unwanted touching, suggestive emails, or even explicit images shared in the workplace. To qualify as unlawful harassment under California law, the behavior must be severe (one extreme incident) or pervasive (a pattern of repeated behavior).
Some examples of hostile work environment harassment include:
- Crude jokes. A male software engineer regularly hears coworkers making crude jokes about women in the office. When he complains, his manager tells him to “stop being sensitive” and dismisses his concerns.
- Inappropriate texts. An office worker receives multiple inappropriate texts from a coworker, including sexually suggestive memes. She asks him to stop, but he continues.
Even if the harasser claims their behavior was “just a joke,” employees have the right to work in an environment free from inappropriate conduct.
Retaliation as a Form of Harassment
One of the biggest fears employees have when reporting sexual harassment is retaliation—when an employer punishes them for coming forward. Retaliation is not only unethical but also illegal under numerous California laws.
Employees who report harassment, refuse advances, or participate in workplace investigations cannot be fired, demoted, reassigned to worse positions, or given poor performance reviews as punishment.
Situations involving retaliation harassment include:
- Change in work schedule. A retail worker files a complaint with HR after her manager makes repeated sexual comments. The following week, she is suddenly taken off the schedule without explanation.
- Changes in workload. A paralegal reports his boss for inappropriate touching. Shortly after, his employer gives him an excessive workload and unrealistic deadlines, making it impossible for him to succeed.
Employees experiencing retaliation should feel empowered to speak up without fear, knowing that the law is on their side.
Third-Party Harassment
Bosses and coworkers aren’t the only people who commit sexual harassment—sometimes, it comes from clients, customers, vendors, or other non-employees. Employers are legally responsible for protecting their employees from third-party harassment when they know about the issue and fail to take action.
The following are examples of third-party harassment:
- Employee harassment by a customer. A VIP hotel guest repeatedly propositions a hotel employee, making inappropriate comments every time she cleans his room. Management tells her to “just deal with it” because he’s an important customer.
- Inappropriate conduct by a vendor. A grocery store cashier regularly reports being harassed by a delivery driver who touches her shoulder and makes inappropriate remarks whenever he drops off shipments. She reports the harassment, but her manager ignores the complaint.
Employers must not ignore harassment from third parties. If they fail to act, they can be held legally accountable for allowing harassment to continue.
What Is the Legal Framework for Sexual Harassment Laws in California?
California laws help ensure employees can work in a safe, harassment-free environment while placing strict legal responsibilities on employers to prevent and address inappropriate conduct. Below is a comprehensive breakdown of the key laws governing workplace sexual harassment in California, how they work, and what protections they offer employees.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is the federal law that prohibits sexual harassment and other forms of employment discrimination based on sex. The main provisions of Title VII include:
- Applies to employers with 15 or more employees;
- Covers quid pro quo and hostile work environment harassment, including harassment based on gender identity and sexual orientation;
- Employers are responsible for stopping harassment if they knew or should have known about it; and
- Employees must file a complaint with the Equal Employment Opportunity Commission (EEOC) within the applicable filing period before suing in court.
While Title VII provides essential protections, California’s FEHA law offers broader coverage, lower employee thresholds, and longer filing deadlines, making it a stronger law for workers in the state.
California Fair Employment and Housing Act (FEHA)
The FEHA is California’s most powerful employment discrimination and harassment law. It protects employees from all forms of workplace discrimination and harassment, including sexual harassment. FEHA works by:
- Requiring compliance by all employers with five or more employees, unlike Title VII;
- Holding employers strictly liable for supervisor harassment, so employers cannot escape liability by claiming they didn’t know about the harassment;
- Requiring employers to take prompt action if harassment occurs, including conducting fair investigations and taking corrective action;
- Protecting independent contractors, interns, and job applicants from harassment, something federal law does not always cover; and
- Prohibiting retaliation, ensuring employers cannot fire, demote, or harass employees for reporting sexual harassment or participating in an investigation.
Under FEHA, victims of sexual harassment can file a complaint with the CRD within three years. If the CRD does not resolve the issue or issues a “right to sue letter,” employees can sue their employer in court.
California Civil Code Section 51.9—Protection in Relationships Beyond the Workplace
While FEHA and Title VII focus on employment, California Civil Code § 51.9 (Section 51.9) protects individuals from sexual harassment in professional and business relationships beyond the workplace. Section 51.9 protects individuals by:
- Covering harassment outside of traditional employment settings like patients, students, tenants, and business clients;
- Addressing situations where there is a “business, service, or professional relationship,” such as between landlords and tenants, attorneys and clients, doctors and patients, or teachers and students;
- Prohibiting unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment in these relationships; and
- Allowing victims to file lawsuits for emotional distress damages caused by harassment.
Consider the following example. Sarah is a freelance graphic designer who contracts with multiple businesses for design projects. One of her long-term clients, a marketing executive at a company she frequently works with, begins making inappropriate comments about her appearance and sending her suggestive messages.
He implies she could get more work and better pay if she goes out with him. When Sarah refuses, he stops assigning her projects, causing financial strain.
Under Section 51.9, Sarah can sue the executive and the company because:
- They had a business relationship where the executive held a position of power over Sarah’s work opportunities;
- The harassment was unwelcome and based on a professional relationship; and
- She suffered economic and emotional distress damages due to the harassment.
This law fills the gap where traditional employment protections like FEHA and Title VII might not apply, particularly for those not classified as employees, such as freelancers, independent contractors, or consultants who work closely with businesses.
California SB 1343 and AB 1825—Mandatory Sexual Harassment Prevention Training
California law requires most employers to provide sexual harassment prevention training, ensuring employees and supervisors understand their rights and responsibilities. The two key laws that mandate this training are SB 1343 and AB 1825.
SB 1343 deals with expanding training requirements for small businesses and mandates:
- All employers with five or more employees must provide sexual harassment prevention training;
- Supervisors must receive at least two hours of training every two years;
- Non-supervisory employees must receive one hour of training every two years;
- The bill covers all employees, including seasonal and temporary workers; and
- Employers must provide training in multiple languages if their workforce requires it.
AB 1825 created an initial supervisor training mandate. The law requires supervisors in companies with 50 or more employees to receive harassment prevention training. SB 1343 expanded the training requirement to apply to smaller employers. These laws are both designed to prevent harassment before it occurs.
Other Important Laws Protecting Employees from Sexual Harassment in California
Several other key laws in California provide employees with legal protection against workplace harassment and retaliation.
California Labor Code Section 1102.5—Whistleblower Protection
The California Labor Code includes whistleblower protections for those who report harassment in the workplace. Key provisions include:
- Protects employees who report workplace harassment or illegal activity from retaliation;
- Employers cannot fire, demote, or punish workers for speaking up about harassment; and
- Violations can result in lawsuits against the employer for lost wages, damages, and civil penalties.
These protections ensure that employees can report harassment without fear of losing their jobs or facing workplace retaliation, reinforcing California’s strong stance against workplace misconduct.
California Government Code Section 12923—Clarifying “Severe or Pervasive” Harassment
The California Government Code holds additional protections for employees by clarifying that:
- Even a single incident of harassment can be enough to violate FEHA if severe enough; and
- Rejecting outdated standards that required extreme and repeated behavior before harassment could be considered unlawful.
By further strengthening sexual harassment laws in California, The Golden State continues to set a high standard for workplace fairness, ensuring all employees have the legal backing to seek justice.
Who Does Sexual Harassment Laws in California Protect?
Unlike federal laws, which often exclude smaller workplaces or independent contractors, California’s laws take a broader, worker-centered approach. They protect many individuals from harassment regardless of job title, employment status, or gender identity.
Here’s a comprehensive breakdown of who is protected under California sexual harassment laws and what those protections include.
Employees, Interns, Independent Contractors, and Job Applicants
Under the FEHA, sexual harassment protections extend beyond traditional full-time employees. The law explicitly covers:
- Full-time and part-time employees,
- Interns and unpaid trainees,
- Independent contractors and freelancers,
- Job applicants, and
- Volunteers.
These guidelines mean harassment does not have to occur after employment begins to be illegal—even job applicants can file a claim if they face sexual harassment during the hiring process.
Many federal laws, including Title VII, only apply to businesses with 15 or more employees. However, FEHA applies to businesses with as few as five employees, making it much easier for workers at small companies to seek protection.
All Workers, Regardless of Gender Identity or Sexual Orientation
Sexual harassment laws in California protect all employees, regardless of gender, gender identity, or sexual orientation. This means that:
- Men, women, and nonbinary individuals are all covered under the law;
- LGBTQ+ employees have protection from sexual harassment tied to their gender identity or sexual orientation; and
- Harassment does not have to be sexual and can include offensive comments, slurs, or derogatory remarks about gender identity or sexual orientation.
California Government Code § 12923 reinforces these protections, clarifying that harassment based on gender identity, gender expression, or sexual orientation is just as unlawful as harassment based on biological sex.
Expanding Protections for Gig Workers Under California Law
California has led the nation in expanding workplace protections for gig workers, freelancers, and independent contractors, individuals whom employment laws traditionally excluded.
Under Assembly Bill 5 (AB 5), effective as of 2020, many gig workers were reclassified as employees for labor protections. Certain gig workers, such as Uber and Lyft drivers, delivery workers, and app-based service providers, may now be covered under workplace harassment laws.
Even if gig workers do not meet the “employee” classification, they may still have rights under the FEHA, which includes independent contractors in sexual harassment claims.
Examples of how these protections work in practice include:
- Harassment of a rideshare driver. A company supervisor sexually harasses a rideshare driver. If they are classified as an employee under AB 5, they can file a sexual harassment claim just like any other worker.
- Delivery worker harassment. A restaurant manager harasses a food delivery worker when the worker picks up an order. Because FEHA applies to independent contractors, they may still be able to take legal action against the company.
- Sexual harassment of consultant. A freelance consultant is repeatedly subjected to sexual advances by a corporate client. Because FEHA protects independent contractors, they can pursue legal remedies, even though they are not traditional employees.
While gig workers have historically been denied the same workplace protections as full-time employees, California has taken significant steps to close these gaps, ensuring as many workers as possible are shielded from harassment.
How Do I Recognize and Report Workplace Sexual Harassment?
Sexual harassment in the workplace isn’t always obvious. While some cases involve blatant misconduct—like quid pro quo harassment or unwanted physical contact—others take more subtle forms, such as inappropriate jokes, persistent flirtation, or exclusionary behavior based on gender or sexuality. Whether obvious or insidious, all forms of workplace sexual harassment are illegal under California law, and employees have the right to report it and take action.
Recognizing Subtle and Overt Forms of Harassment
Sexual harassment can be both direct and indirect. While many people recognize blatant sexual advances, workplace harassment often appears in less obvious ways.
Overt (blatant) sexual harassment includes:
- Unwanted sexual advances, including requests for sexual favors, inappropriate flirting, and repeated romantic advances after rejection;
- Quid pro quo harassment where a supervisor demands sexual favors in exchange for a promotion or job security;
- Explicit physical contact, including groping, kissing, or touching without consent;
- Sharing sexually explicit content such as pornography, obscene jokes, or crude images; and
- Pressuring employees to dress a certain way or participate in sexualized workplace activities.
Subtle (less obvious) sexual harassment includes:
- Repeated “offhand” sexual jokes or comments about an employee’s appearance;
- Suggestive or inappropriate emails, texts, or social media messages;
- Leering or making employees uncomfortable with nonverbal gestures;
- Spreading sexual rumors about an employee to damage their reputation; and
- Creating a workplace culture that tolerates sexualized behavior, even if disguised as “jokes” or “banter.”
Recognizing all forms of sexual harassment—not just the obvious ones—is the first step toward protecting yourself and taking action.
What Steps Should I Take to Protect My Rights If I’ve Experienced Sexual Harassment in California?
If you’ve experienced sexual harassment, document everything—record dates, times, locations, and witnesses. Save emails, messages, or any evidence of the harassment. Then, reach out to trusted colleagues or HR allies who may be willing to support your claim or serve as witnesses.
Next, follow the company policies in your employee handbook or HR manual and report the harassment to your employer. If your employer fails to act, file a sexual harassment complaint with the California CRD.
Crucially, call an experienced Los Angeles employment lawyer as soon as possible. An experienced attorney at King & Siegel can assess your case, protect you from retaliation, ensure you meet critical deadlines, and help you seek justice.
Are There Time Limits for Filing a Harassment Claim (Statute of Limitations)?
Victims of workplace sexual harassment must act within strict deadlines to preserve their legal rights. California law sets different time limits depending on the type of claim. These are:
- California CRD under FEHA complaint—must be filed within three years of the last act of harassment;
- EEOC Complaint—must be filed within 180 days (extended to 300 days if FEHA also applies), with your lawsuit filed within 90 days once you get a right-to-sue notice; and
- Civil lawsuit—after receiving a right-to-sue letter, you have one year to file a lawsuit in state court.
Victims should not wait until the last minute to take legal action. Delays can weaken a case and make it harder to gather evidence and witnesses. If you believe you’ve experienced workplace sexual harassment, don’t risk missing critical deadlines—take action now.
Contact an experienced King & Siegel employment attorney to protect your rights and build a strong case before time runs out.
King & Siegel LLP Helps Workplace Harassment Victims Seek Justice
Filing a claim for workplace sexual harassment can feel overwhelming, but you don’t have to face it alone. At King & Siegel LLP, we help employees hold employers accountable, secure compensation, and fight against harassment and retaliation.
Our experienced employment attorneys have recovered tens of millions for workers and never represent employers—only employees. If you’ve experienced sexual harassment at work, contact us today for a free, confidential consultation.
Resources:
- Jurisdiction and Duties, Cal. Labor Code § 6310 (2021), link.
- U.S. Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964, link.
- ACLU, How the Impact of Bostock v. Clayton County on LGBTQ Rights Continues to Expand (June 2022), link.
- U.S. Equal Employment Opportunity Commission, Time Limits for Filing a Charge, link.
- Personal Rights, Cal. Civil Code § 51.9, link.
- Training and Education Regarding Sexual Harassment, Cal. Goverment Code § 12950.1 (2020), link.
- AB-5 Worker Status: Employees and Independent Contractors, amending Section 3351 of and adding Section 2750.3 to the Labor Code, and amending Sections 606.5 and 621 of the Unemployment Insurance Code (2020), link.
- Whistleblower Protections, Cal. Labor Code § 1102.5 (2024), link.
- Unlawful Practices, Cal. Gov. Code § 12960 (2022), link.
- California Civil Rights Department, Instructions for Obtaining a ‘Right-to-Sue’ Notice, (January 2025), link.
- U.S. Equal Employment Opportunity Commission, Filing a Lawsuit, link.
