Sexual harassment at work does not always look the way people expect. Many workers imagine only the most extreme behavior. But in reality, sexual harassment in the workplace in California often starts quietly. It can feel confusing. It can feel easy to dismiss. And that is why so many workers unfairly suffer in silence.
If you are dealing with uncomfortable behavior at work, you are not overreacting by seeking legal counsel. California law provides robust protections against harassment, which is best addressed by an experienced workplace harassment attorney.
With decades of experience, the Law Office of John Dalton can help you identify when conduct crosses the legal line and what you can do about it. We can guide you from start to finish to achieve the best possible outcome in your case.
Laws Against Sexual Harassment in the Workplace in California
There are federal and state laws against sexual harassment, but California has some of the strongest worker protections in the country. Sexual harassment is illegal under the Fair Employment and Housing Act (FEHA), a comprehensive anti-harassment law that applies to most employers with workforces of any size.
California law also requires employers to:
- Take reasonable steps to prevent harassment,
- Provide harassment prevention training if they have five or more employees,
- Investigate complaints promptly and fairly, and
- Post notices explaining employee rights.
There are many ways an employer or someone in your workplace can violate the law. That is why speaking with a lawyer early matters. An attorney can help you understand how these laws apply to your specific job and situation.
What Are the Different Types of Sexual Harassment?
Sexual harassment is unwelcome conduct based on:
- Sex,
- Gender,
- Pregnancy,
- Sexual orientation,
- Gender identity,
- Reproductive decisionmaking, or
- Gender expression.
Harassment becomes unlawful when it affects the terms, conditions, or privileges of employment.
There are two main types of sexual harassment recognized under California law:
- Hostile work environment sexual harassment. Involves unwelcome, sex-based behavior that is pervasive or severe enough to make your workplace hostile or intimidating or to unreasonably interfere with your work.
- Quid pro quo harassment. Includes an unwelcome request or demand for romantic contact in exchange for job benefits.
Importantly, harassment does not need to involve termination, demotion, or lost wages to be considered illegal. Offensive requests, gestures, or words alone can violate the law. An employer can even be liable if the harasser claims they were “joking” or “did not mean harm.”
Subtle vs. Overt Sexual Harassment
Many workers believe harassment must be obvious to count. This is not true. Sexual harassment can be subtle or overt, and both types can be unlawful.
Subtle Sexual Harassment Examples
Subtle behavior often builds over time. Each incident alone may seem minor. But together, multiple incidents can be deeply harmful. Examples include:
- Repeated comments about your appearance or how an outfit fits,
- Unwanted flirting that continues after you say no,
- Sexual jokes or stories shared with others at work,
- Being stared at,
- Personal text messages sent late at night by a supervisor, and
- Comments like “you look so much better when you smile.”
Subtle harassment can be especially common in service industry positions, with harassment coming not only from colleagues and supervisors, but also from clients and patrons. Entry-level employees may feel targeted because unethical employers might assume they’re replaceable. If this sounds familiar, it is important to talk with our lawyer before confronting your employer.
Overt Sexual Harassment Examples
Overt harassment is often easier to recognize. It can include:
- Groping or unwanted touching;
- Not taking “no” for an answer;
- Sexual propositions;
- Gender-based slurs;
- Stalking by following you at work, to your home, or unexpectedly just showing up;
- Requests for sex or dates in exchange for hours, promotions, or job security; and
- Threats after rejecting sexual advances.
Unwanted and overt sexual behavior at work is not acceptable. You do not need to wait for it to happen more than once to take legal action. A single incident can be enough to support a legal claim.
Remedies Available for Sexual Harassment
California law allows workers who suffer harassment to recover meaningful remedies. These may include:
- Compensation for emotional distress,
- Lost wages,
- Job reinstatement,
- Punitive damages,
- Policy changes at the workplace,
- Mandatory training, and
- Attorney fees and costs.
The level of damages you can recover depends on the harm caused by the workplace harassment and the strength of your evidence. Speak to attorney John Dalton right away to start building the strongest case in your favor.
Filing a Sexual Harassment Complaint
Workers typically must file a complaint with the California Civil Rights Department (CRD) before filing a lawsuit. The steps often include:
- Filing an intake complaint,
- Allowing the CRD to investigate your claims,
- Mediation or litigation, and
- Receiving a right-to-sue notice from the CRD.
Even before your initial filing, the first step you need to take is to call John Dalton. Time moves quickly, and you typically only have three years to file your complaint with the CRD. Getting John involved early helps ensure that you file your complaint correctly on time, the first time.
Why You Should Contact a Lawyer First
Many workers try to handle harassment on their own. They report internally. They send emails. They wait. Too often, this leads to retaliation, job loss, other adverse employment action or silence. We can help you avoid these outcomes and get real results.
John can help you:
- Understand whether certain workplace conduct is illegal,
- Avoid harmful statements,
- Obtain and preserve strong evidence,
- Decide the safest way to report, and
- Protect your job and your future.
At the Law Office of John Dalton, we understand that facing sexual harassment is hard. Many of our clients work long hours. They worry about rent. They worry about being believed. We take those concerns seriously and help protect our clients’ best interests.
We Can Fix the Disrespect
If you are dealing with sexual harassment in the workplace in California, you do not have to figure it out alone. The law is on your side. But timing and strategy matter. John has been counseling clients for three decades and knows how to hold employers accountable.
At the Law Office of John Dalton, we put abusive employers in their place and help make sure that mistreated employees receive the relief they deserve. If something feels wrong at work, trust that instinct, and get answers before taking action. Please call us or contact us online to schedule an appointment.
Resources:
- California Civil Rights Department, Sexual Harassment Fact Sheet, link.
- California Civil Rights Department, Obtain a Right to Sue, link.