California – Sexual Harrasment Lawyer
CALIFORNIA
California Sexual Harassment Lawyer
Compassionate Advocates for Workplace Harassment Victims
Sexual Harassment at Work Can Be Devastating. We’ll Make Them Answer.
Sexual harassment at work can be devastating. It strips away your dignity, poisons your professional environment, and leaves you feeling trapped, humiliated, and alone.
But you don’t have to stay silent. You don’t have to accept it. And you don’t have to face it alone.
The California sexual harassment lawyers at Christopher Ellison Law fight for employees who have been subjected to unwelcome sexual conduct in the workplace. We understand how difficult it is to come forward, and we handle every case with the compassion, discretion, and fierce advocacy you deserve.
What Is Sexual Harassment?
Sexual harassment is any unwelcome sexual conduct that affects your work environment or employment. Under California’s Fair Employment and Housing Act (FEHA), this includes:
- Unwelcome sexual advances
- Requests for sexual favors
- Verbal, physical, or visual conduct of a sexual nature
- Gender-based harassment (even without sexual content)
- Harassment based on pregnancy, childbirth, or related conditions
Important: Sexual harassment doesn’t have to involve sex or physical contact. It includes offensive jokes, degrading comments, intimidation based on gender stereotypes, and bullying because of your sex, gender identity, or sexual orientation.
The harasser can be a supervisor, coworker, customer, vendor, or anyone in your workplace. And you don’t have to be the direct target—witnessing harassment can also create an illegal hostile environment.
Types of Sexual Harassment
Quid Pro Quo Sexual Harassment
“Quid pro quo” means “something for something.” This type of harassment happens when someone with power over your job demands sexual favors in exchange for employment benefits—or threatens consequences if you refuse.
Quid pro quo harassment includes:
- A manager promising you a promotion if you go out with them
- A supervisor threatening to fire you if you don’t submit to their advances
- Being demoted or passed over after rejecting a boss’s sexual propositions
- Getting favorable treatment only after complying with sexual demands
Even a single incident of quid pro quo harassment is illegal. If this happened to you, we need to talk.
Hostile Work Environment Sexual Harassment
A hostile work environment exists when sexual harassment is so severe or pervasive that it creates an intimidating, offensive, or abusive workplace. This doesn’t require a direct demand for sexual favors—it’s about the overall atmosphere.
Hostile work environment harassment includes:
- Constant sexual jokes, comments, or innuendo
- Display of sexual images or materials
- Repeated unwanted advances from coworkers
- Sexually degrading comments about your body
- Ongoing gender-based insults or bullying
Individual incidents might seem minor, but when they add up, they create an illegal hostile environment. We document the pattern and prove the impact.
Who Can Be Held Liable for Sexual Harassment?
California law holds employers strictly liable for sexual harassment by supervisors. This means your employer is responsible even if they didn’t know about the harassment.
For harassment by coworkers or third parties (customers, vendors, contractors), your employer is liable if they knew or should have known about the harassment and failed to take immediate, appropriate corrective action.
Employers may also be liable for:
- Failing to have a sexual harassment policy
- Failing to train employees on harassment prevention
- Ignoring complaints or conducting inadequate investigations
- Retaliating against employees who report harassment
We investigate who knew what, when they knew it, and what they did (or failed to do) about it.
California Sexual Harassment Laws
California has some of the strongest sexual harassment protections in the nation:
- Fair Employment and Housing Act (FEHA): Prohibits sexual harassment in workplaces with 5 or more employees. FEHA provides broader protections than federal law and allows for unlimited compensatory damages.
- Title VII of the Civil Rights Act: Federal law prohibiting sexual harassment in workplaces with 15 or more employees.
- California Government Code § 12940: Makes it unlawful to harass an employee based on sex, gender, gender identity, gender expression, or sexual orientation.
- SB 1343: Requires employers with 5 or more employees to provide sexual harassment prevention training to all employees.
California law protects all employees regardless of immigration status, and it covers full-time, part-time, temporary, and seasonal workers.
Signs You May Be Experiencing Sexual Harassment
Sexual harassment isn’t always obvious. Sometimes it builds gradually, and victims may not recognize it until it becomes severe. Here are warning signs:
Verbal harassment:
- Sexual jokes, comments, or innuendo
- Questions about your sex life or body
- Sexual rumors spread about you
- Degrading comments about your appearance
- Repeated requests for dates after you’ve said no
Physical harassment:
- Unwanted touching, hugging, or kissing
- Blocking your movement
- Sexual gestures
- Invasion of personal space
Visual harassment:
- Display of sexual images, posters, or cartoons
- Sexually explicit emails, texts, or messages
- Showing you pornographic material
Power-based harassment:
- Threats tied to job security
- Promises of advancement in exchange for sexual favors
- Unequal treatment based on your response to advances
If any of this sounds familiar, you may have a sexual harassment claim.
What to Do If You Are Being Sexually Harassed
Taking action can be intimidating, but protecting yourself starts now:
Document Everything:
Write down dates, times, locations, what was said or done, and who witnessed it. Save any texts, emails, or other evidence.
Know Your Rights:
California law protects you from retaliation for reporting harassment. Your employer cannot fire, demote, or punish you for making a complaint.
Report the Harassment:
Follow your company’s harassment reporting procedures. Report to HR or a manager who is not the harasser. Put your complaint in writing if possible.
File a Complaint:
You can file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).
Contact a Sexual Harassment Lawyer:
An experienced attorney can evaluate your case, protect your rights, and guide you through the legal process.
Damages Available in Sexual Harassment Cases
If you’ve been sexually harassed at work, you may be entitled to:
- Lost wages and benefits – Past and future income lost due to the harassment
- Emotional distress damages – Compensation for anxiety, depression, humiliation, and psychological harm
- Punitive damages – Additional damages to punish particularly egregious conduct
- Attorney’s fees and costs – The harasser or employer may be required to pay your legal fees
- Reinstatement – Your job back if you were wrongfully terminated
- Policy changes – Court orders requiring your employer to change its practices
California law places no cap on compensatory damages for sexual harassment, unlike federal law which limits damages based on employer size.
Statute of Limitations for Sexual Harassment Claims
Time limits apply to sexual harassment claims in California:
- CRD Complaint: You must file a complaint with the California Civil Rights Department within 3 years of the last act of harassment.
- EEOC Complaint: For federal claims, you must file within 300 days of the harassment.
- Lawsuit: After receiving a right-to-sue notice from the CRD, you have 1 year to file a lawsuit in court.
Don’t wait. Evidence fades, witnesses forget, and delays can hurt your case. Contact us as soon as possible to protect your rights.
Frequently Asked Questions About Sexual Harassment
Can men be victims of sexual harassment?
Yes. Sexual harassment laws protect all genders. Men can be sexually harassed by women, other men, or anyone in the workplace. The law also protects LGBTQ individuals from harassment based on their sexual orientation or gender identity.
What if my employer does nothing after I report harassment?
If your employer fails to take appropriate action after you report sexual harassment, they may be liable for the harassment. You should consult with a sexual harassment attorney about filing a complaint with the CRD or EEOC and potentially filing a lawsuit.
Can I be fired for reporting sexual harassment?
No. It is illegal for your employer to retaliate against you for reporting sexual harassment. If you are fired, demoted, or subjected to other adverse actions after reporting harassment, you may have a retaliation claim in addition to your harassment claim.
What damages can I recover for sexual harassment?
Victims of sexual harassment may be entitled to lost wages, lost benefits, emotional distress damages, punitive damages, and attorney fees. The specific damages available depend on the circumstances of your case.
Do I need to report harassment to HR before filing a lawsuit?
While reporting to HR can strengthen your case by creating a record, it is not always required before filing a lawsuit. However, you must file a complaint with the CRD or EEOC before you can sue. An attorney can advise you on the best approach for your situation.
Can I sue my harasser personally?
Yes. In California, you can sue the individual harasser in addition to your employer. This is particularly important in cases involving supervisor harassment or when the employer is a small business with limited assets.
What if I was harassed by a customer or vendor?
Your employer can still be liable for harassment by third parties like customers, clients, or vendors. However, the employer’s liability may differ. If your employer knew or should have known about harassment by a non-supervisor and failed to take prompt corrective action, the employer may be liable.
How long does a sexual harassment lawsuit take?
Sexual harassment cases vary in length depending on complexity, whether the case settles or goes to trial, and court schedules. Simple cases may resolve in months; complex cases can take 1-3 years. Our attorneys work efficiently while ensuring thorough case preparation.
Contact a California Sexual Harassment Lawyer Today
If you have experienced sexual harassment at your workplace, do not suffer in silence.
What Sets Christopher Ellison Law Apart:
- Compassionate Representation – We handle sensitive cases with care and discretion
- Confidential Consultations – Your privacy is protected
- Statewide Coverage – Serving clients throughout California
- Contingency Fee Basis – You pay nothing unless we win
- Trial-Ready Attorneys – Prepared to take your case to court if necessary
- No-Win-No-Fee Guarantee – Risk-free representation
Our sexual harassment attorneys serve clients throughout California, including Los Angeles County, Orange County, Riverside County, San Bernardino County, and San Diego County.
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