Sexual harassment in the workplace is a serious issue that affects employees across industries. While many people understand that harassment is wrong, fewer know the full scope of their legal rights under California law. If you believe you have experienced sexual harassment at work, understanding these facts can help you protect yourself and take informed action.
At Wilshire Law Firm, we provide guidance and advocacy for employees facing workplace harassment and discrimination.
What Is Sexual Harassment Under California Law?
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or intimidating work environment. It can occur between:
- Supervisors and employees
- Co-workers
- Third parties such as clients or vendors
California law prohibits sexual harassment under the Fair Employment and Housing Act (FEHA) and requires employers to take steps to prevent and address it.
Fact 1: Sexual Harassment Is Not Limited to Physical Contact
Many people assume harassment only involves physical touching, but that is not true. Harassment can include:
- Inappropriate jokes or comments
- Unwanted sexual advances
- Displaying offensive images or materials
- Persistent requests for dates or personal attention
Even if no physical contact occurs, these behaviors can create a hostile work environment.
Fact 2: Harassment Can Come From Anyone in the Workplace
Harassment does not have to come from a supervisor to be illegal. It can occur between co-workers or even from non-employees such as customers or contractors. Employers have a duty to address harassment from any source once they become aware of it.
Fact 3: Retaliation for Reporting Harassment Is Illegal
Employees have the right to report harassment without fear of retaliation. If your employer demotes you, reduces your hours, or terminates your employment after you file a complaint, this may violate California law. Retaliation claims can be pursued alongside harassment claims.
Fact 4: You Do Not Have to Quit Your Job to File a Claim
Some employees believe they must resign before taking legal action, but that is not the case. You can file a complaint while still employed. In fact, documenting incidents and reporting them internally can strengthen your case.
Fact 5: You’re Legally Protected from Harassment
California offers strong protections against workplace harassment, including:
- Mandatory employer training on harassment prevention
- Requirements for prompt investigation of complaints
- Remedies such as reinstatement, back pay, and compensation for emotional distress in successful claims
What Should You Do If You Experience Sexual Harassment?
Taking the right steps can protect your rights:
- Document incidents: Keep detailed records of dates, times, and witnesses.
- Report the harassment: Notify HR or management in writing.
- Save evidence: Emails, text messages, and photos can support your claim.
- Seek legal advice: If your employer ignores your complaint or retaliates, consult an attorney.
Can You Recover Compensation?
Employees who experience harassment or retaliation may be able to recover compensation for:
- Lost wages and benefits
- Emotional distress
- Legal costs
Every case is unique, and the outcome depends on the facts and evidence presented.
Do You Need a Lawyer for a Sexual Harassment Claim?
Employment law cases can be complex. An attorney can help you:
- Determine whether your situation violates California law
- Gather evidence and build a strong case
- Represent you in negotiations or litigation
At Wilshire Law Firm, we offer free consultations and work on a contingency fee basis, which means no fees unless you get paid. Costs and expenses may be your responsibility.
Why Choose Wilshire Law Firm?
- Award-winning legal team with extensive experience in employment law
- Compassionate, confidential guidance for employees facing workplace challenges
- Proven track record of advocating for workers’ rights across California
Frequently Asked Questions About Sexual Harassment
How long do I have to file a claim?
You generally have three years to file a complaint with the California Civil Rights Department, but deadlines can vary.
Can I be fired for reporting harassment?
No. Retaliation for reporting unlawful conduct is prohibited under California law.
Do I need proof to file a claim?
Documentation strengthens your case, but you can still file a claim based on credible testimony.
Contact Wilshire Law Firm Today
If you believe you have experienced sexual harassment at work or have questions about your rights, we are here to help. Call us 24/7 for a free and confidential consultation.
