If you are being sexually harassed at work in California, you may feel stressed, isolated, or unsure of what to do next. That reaction is normal. But take comfort in the fact that you are not powerless. California law gives you strong protections and the right to recover compensation and other benefits. However, you must use those protections in the right way to receive relief.
The best way to protect yourself in a sexual harassment case is to speak with a skilled legal professional. Attorney John Dalton of the Law Office of John Dalton is a former CIA officer with over 30 years of legal experience. He is passionate about fighting on behalf of mistreated employees and ready to step in and support you.
This blog post will walk through the basics of what to do if you’re sexually harassed at work in California, the mistakes to avoid, and how to protect your legal rights. However, for specific guidance tailored to your situation and needs, reach out to our experienced legal team.
Key Points
- Call John Dalton first: early legal guidance helps protect your rights and avoid costly mistakes.
- Document everything: keep a timeline and preserve evidence outside your workplace systems.
- Build your case strategically: evidence and planning should happen before taking action.
- Be cautious with internal reports: HR complaints are not always required or safe—get legal advice first.
- Avoid common mistakes: don’t act without counsel, overshare at work, or delay—deadlines can impact your case.
What Should I Do If I Am Sexually Harassed at Work?
Employees who are sexually harassed at work have the right to seek legal remedies. But your ability to pursue accountability depends on you taking the right steps.
1. Prioritize Speaking with an Experienced Attorney
Before you take action, speak with a qualified employment attorney, such as John Dalton.
Harassment cases are complex. One wrong move can make your case harder to prove or reduce its value. And without the support of a legal professional, wrong moves are all too common.
Speaking to John Dalton immediately is one of the most important steps to take after sexual harassment at work. John can help you:
- Understand your rights after sexual harassment at work in California,
- Avoid mistakes that employers often use against employees, and
- Build a strategy that protects you from retaliation and maximizes your damages.
If you want to know what to do if you’re sexually harassed at work in California, the safest answer is: First, get legal guidance before you act.
2. Understand What Sexual Harassment Is
Sexual harassment is a type of workplace discrimination illegal under California’s Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964. Sexual harassment falls into the following two categories.
Hostile work environment harassment
This occurs when unwelcome conduct based on sex or gender creates an intimidating, offensive, or abusive workplace.
Contributing behavior may include:
- Sexual comments or jokes,
- Unwanted touching,
- Repeated advances after you say no,
- Following,
- The use of slurs,
- Comments about appearance,
- Displaying explicit images,
- Staring, and
- Isolation.
Typically, you must show some pattern of a few instances of misconduct to have a legal case, but in some extreme situations, even one severe incident may be enough to justify a claim.
Quid pro quo harassment
This happens when a supervisor or person in power conditions job benefits on sexual conduct.
Examples include when a workplace superior:
- Threatens to terminate your position or demote you if you refuse romantic advances, or
- Conditions promotions or increased job benefits on sexual favors.
This type of harassment can be obvious or subtle. If you have any concerns about whether a questionable conversation involved sexual harassment, speak to us right away.
3. Keep Detailed Notes and a Timeline
In a workplace sexual harassment case, documentation is important. John Dalton may advise you to draft a timeline and preserve key details related to the inappropriate behavior.
This could include notes on:
- The dates and times of each incident;
- What exactly happened during each incident;
- What the harasser did and said, with your responses (exact quotes, if possible);
- Where each incident occurred; and
- Who witnessed the harassment.
Keep this record somewhere safe, absolutely outside your workplace systems.
These notes may help develop powerful evidence later.
4. Gather Evidence with Attorney Assistance
Your attorney will also assist with identifying and collecting important evidence that supports your claim and shows how the harassment affected you.
Common types of evidence include:
- Emails, texts, or messages;
- Voicemails;
- Photos or screenshots;
- Performance reviews (before and after harassment);
- Medical, healthcare, or therapy records;
- Witness statements; and
- HR complaints or reports.
The amount and quality of your evidence can strengthen your case and help show the full impact of the harassment (which can maximize your potential damages).
5. Consider Filing an Internal Complaint
Employers are automatically liable for harassment committed by supervisors. But holding your employer accountable for harassment committed by non-supervisor employees or non-employees requires proof that your employer knew or should have known about the harassment and didn’t take proper action. In certain cases, your attorney may recommend that you report the harassment internally.
An internal report usually means filing a complaint with:
- A designated reporting system,
- Human Resources (HR), or
- A supervisor or manager.
However, this step is not always the safest option for victims, nor is it always necessary to protect your claim. An internal complaint might subject you to biased investigations or unlawful retaliation. Always contact a lawyer before complaining at work or taking legal action.
6. File an Administrative Complaint
Before filing a lawsuit, your attorney may recommend filing a complaint with the California Civil Rights Department (CRD).
The CRD can:
- Investigate complaints,
- Facilitate conversations between employers and employees,
- Help resolve workplace disputes, and
- Give you right-to-sue notices for civil lawsuits.
In some cases, filing a federal claim may also be a strategic option. John Dalton can assess your situation and determine the best approach based on your case.
7. File a Lawsuit
If you cannot resolve your case with an administrative complaint, your lawyer can file a lawsuit in court. A lawsuit may seek financial compensation and hold your employer accountable.
What NOT to Do If You’re Sexually Harassed at Work in California
Knowing what not to do is just as important as knowing what to do in a workplace dispute. Here are three critical mistakes to avoid.
Do Not Move Forward Without Legal Advice
If you act without guidance, you may:
- Miss key evidence,
- Say something that harms your case, or
- Trigger employer defenses.
Consulting a qualified employment attorney first is vital.
Do Not Talk to Too Many People About Your Case
Sharing the details of your situation too widely in the workplace may:
- Expose you to retaliation,
- Damage your credibility, or
- Give your employer and its legal team more time to build an unfair case against you.
It’s best to limit workplace discussions until you receive legal guidance.
Do Not Wait Too Long
Complaint deadlines matter. Depending on the situation, you may face deadlines of as little as 300 days to three years to meet the requirements to bring a legal claim. And missing a deadline could mean your case is over before it starts. That’s why it’s crucial to speak to a qualified attorney sooner rather than later.
Take the First Step with Us
The Law Office of John Dalton is highly experienced and has recovered more than $100 million for mistreated employees. If you want to know the steps to take after sexual harassment at work, talk to us first. We can protect you. Call us or contact us on our website to schedule a consultation.
Frequently Asked Questions
What Should I Do First If I Am Being Sexually Harassed at Work in California?
Speak with an experienced attorney to keep yourself safe.
What Should I Avoid Doing After Sexual Harassment at Work?
Avoid acting without legal advice, talking widely at work, or delaying action. These mistakes can weaken your case.
Should I Talk to HR Before I Speak with a Lawyer?
No. To be safe, first speak with a lawyer to understand your options and the risks.
Can I Still Have a Case If I Did Not Respond Perfectly in the Moment?
Yes. These cases are not easy to get right, but there are many ways to succeed. So, speak to our attorney about your options, even after you make a mistake.
When Should I Contact John Dalton After Workplace Sexual Harassment?
Immediately. The earlier you act, the more effectively we can protect you.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- California Civil Rights Department, “Sexual Harassment Fact Sheet.”
- Employer liability, Cal. Govt. Code § 12940 (2025)
- California Civil Rights Department, “Complaint Process.”
- California Civil Rights Department, “Obtain a Right to Sue.”
- California Civil Rights Department. “Available Remedies.”
- U.S. Equal Employment Opportunity Commission, “How to File a Charge of Employment Discrimination.”
