Which California Law Protects Workers from Sexual Harassment?

Sexual harassment is one of the most serious and unfortunately common problems employees face at work. It’s not just inappropriate – it’s illegal.

If you’ve ever felt uncomfortable because of unwanted comments, advances, or behavior at work, California law gives you strong protections. And unlike many other states, California’s worker-protection laws go far beyond federal law in both scope and enforcement.

In this article, our employment lawyers explain which laws protect you, what counts as sexual harassment, how liability works, and what steps you can take to protect yourself.

Federal vs. California Sexual Harassment Laws

Both federal and state laws prohibit sexual harassment in the workplace. But California’s protections exceed federal protections.

Federal Law: Title VII of the Civil Rights Act of 1964 (Title VII)

At the federal level, Title VII makes it unlawful for employers to discriminate “because of sex,” which includes sexual harassment.
It covers two major types of workplace harassment:

• Quid Pro Quo Harassment: when a superior, such as a boss or supervisor, conditions employment benefits (like promotions, raises, or continued employment) on sexual favors.
• Hostile Work Environment: when unwelcome sexual conduct – jokes, comments, gestures, messages, or touching – creates a work environment that is intimidating, hostile, or offensive.

Who’s Covered: Employers with 15 or more employees.
Enforcement: The U.S. Equal Employment Opportunity Commission (EEOC) investigates complaints under Title VII.

While Title VII is vital, it leaves gaps. It doesn’t protect employees at smaller companies or many contractors – and its deadlines are shorter.

That’s where California steps in.

California Law: The Fair Employment and Housing Act

The Fair Employment and Housing Act (FEHA), found in California Government Code § 12940 et seq., is the main state law that protects workers from sexual harassment.

FEHA’s Broader Protections

California’s FEHA offers more protection than federal law in several key ways:

• Covers all employers with 5 or more employees (and even fewer in some harassment cases)
• Applies to employees, job applicants, interns, volunteers, and independent contractors
• Prohibits harassment based on sex, gender, gender identity, gender expression, sexual orientation, pregnancy, childbirth, and related conditions
• Holds employers strictly liable for sexual harassment by supervisors or managers
• Gives employees 3 years (not 180-300 days) to file a complaint with the state agency
• Requires employers to take proactive steps to prevent harassment, including regular training

In short, if you work in California, you’re protected – whether you’re at a large corporation, a small family business, or working as a contractor.

What Counts as Sexual Harassment Under California Law?

Sexual harassment is any unwelcome behavior of a sexual nature that affects your work environment or employment conditions.

It can happen to anyone – regardless of gender – and the harasser can be a supervisor, coworker, client, or even a vendor.

Examples Include:

• Unwanted touching or physical contact
• Sexual jokes, comments, or nicknames
• Requests for dates or sexual favors
• Sharing sexually explicit images or messages
• Derogatory remarks about gender, gender identity, or sexual orientation
• Threats of job consequences for refusing advances

You don’t have to prove that the harassment was motivated by sexual desire.
Even one severe incident, or a pattern of smaller incidents, can be enough to violate the law.

California Laws Beyond FEHA

While FEHA is the cornerstone, several other state laws reinforce workers’ rights against harassment

• California Civil Code § 51.9 – Harassment in Professional Relationships
  Protects people outside of traditional employment (like freelancers, tenants, students, or patients) from sexual harassment in business or service relationships – for example, a client, landlord, or doctor engaging in inappropriate behavior.
• Government Code § 12950 & 12950.1 – Mandatory Training and Policies
  Employers with 5+ employees must:
  • Provide sexual-harassment-prevention training (2 hours for supervisors, 1 hour for non-supervisory employees every 2 years)
  • Post and distribute anti-harassment notices from the California Civil Rights Department (CRD)
  • Maintain a clear written policy explaining how to report harassment
• Government Code § 12923 – Clarifying “Severe or Pervasive”
  California clarified that even a single severe incident of harassment can be enough to violate FEHA – rejecting outdated standards that made it harder for victims to come forward.
• Labor Code § 1102.5 – Whistleblower Protection
  Protects employees from retaliation if they report harassment or illegal workplace conduct. You can’t be fired, demoted, or punished for speaking up.

Who Can Be Held Liable for Sexual Harassment?

California law holds both individuals and employers responsible – depending on who committed the harassment and how the employer responded.

If the Harasser Is a Supervisor
The employer is automatically (strictly) liable.
Even if the company didn’t know what happened, they’re responsible for the misconduct of someone with authority over you.

If the Harasser Is a Coworker or Non-Employee
Your employer can still be liable if they knew or should have known about the harassment and failed to take prompt remedial action.

For example:
If you tell HR or a manager about repeated inappropriate comments and nothing changes, your employer can be held legally accountable.

What Are Employers Required to Do?

Employers in California have an affirmative legal duty to prevent and correct harassment.
They must:

1. Create a written anti-harassment policy that explains what’s prohibited and how to report misconduct.
2. Post and distribute notices from the CRD.
3. Provide regular anti-harassment training for all staff and supervisors.
4. Investigate all complaints promptly and fairly.
5. Take corrective action if harassment occurs – even for first-time offenders.
6. Protect employees from retaliation.

Failure to meet these obligations can make an employer legally liable for damages.

How to Report Sexual Harassment

If you’re experiencing sexual harassment, you have options – and you don’t have to face it alone.

Step 1: Document What’s Happening
Keep a written record of every incident – including dates, times, locations, what was said or done, and any witnesses. Save emails, texts, and screenshots.

Step 2: Report It Internally
Most companies have a reporting policy. You can report to:

• HR
• A manager or supervisor
• The owner or business partner (in small companies)

Be specific, and submit your report in writing if possible.

Step 3: File a Complaint with the CRD or EEOC
If your employer doesn’t take action or retaliation occurs, you can file a complaint with:

• The CRD – within 3 years of the harassment; or
• The EEOC – generally within 300 days of the incident.

Both agencies investigate workplace harassment and can issue a “Right-to-Sue” Notice, which allows you to file a lawsuit in court.

Step 4: Contact an Employment Lawyer
An experienced attorney can help you navigate deadlines, collect evidence, and pursue compensation for:

• Emotional distress and lost wages
• Reinstatement or back pay
• Policy changes at your workplace
• Punitive damages in severe cases

What Remedies Are Available to Victims?

Victims of sexual harassment in California can recover several forms of legal relief:

• Compensatory Damages: for emotional distress, therapy costs, or lost income
• Punitive Damages: to punish especially egregious misconduct
• Reinstatement or Promotion: if harassment led to demotion or job loss
• Attorney’s Fees and Court Costs: if you prevail in your case
• Injunctive Relief: requiring your employer to change policies, train staff, or remove a harasser from your workplace

Each case is different, but California law ensures meaningful remedies for victims who come forward.

What About Retaliation?

It’s illegal for your employer to punish you for speaking up. Retaliation can take many forms:

• Firing or demoting you
• Cutting hours or pay
• Reassigning you to worse shifts or duties
• Giving unfair performance reviews

If this happens after you report harassment, your employer could face additional penalties under both FEHA and Labor Code § 1102.5.

Why California’s Protections Exceed Federal Protections

California lawmakers recognized that harassment is damaging no matter where it happens – whether in a large corporation or a small local business.

That’s why FEHA:

• Covers workplaces with fewer than five employees for the purpose of sexual harassment claims
• Includes independent contractors and freelancers
• Extends protection to job applicants and interns
• Imposes training and posting requirements
• Allows three years to file claims (federal law allows 180-300 days)

Put simply: California’s laws are among the strongest in the country.

Federal and State Agencies That Can Help

The Bottom Line: You Have the Right to a Safe Workplace

Sexual harassment can leave deep emotional and financial scars – but you don’t have to endure it.

California law gives you the power to take action, seek justice, and make your workplace safer for yourself and others.

If you believe you’ve experienced harassment:

• Document everything
• Report it internally and/or to the CRD
• Contact a trusted employment attorney

Need Help Understanding Your Rights?

At Matern Law Group, we’ve spent years standing up for California employees who’ve been mistreated, harassed, or retaliated against. Our workplace harassment attorneys understand how isolating these experiences can feel – and we fight to ensure your voice is heard.

Whether you work in an office, restaurant, warehouse, or gig-based role, you are protected by California law.

Let us help you understand your options and protect your rights. Call 855-913-1134 or fill out the form below for a free, confidential consultation.

Because every worker deserves respect, safety, and dignity – and California law is on your side.