Situation: I'm Being Harassed

From Harassment to a Lawsuit: How California Employees Sue an Employer for Sexual Harassment

What the path usually looks like, stage by stage, so you know what to expect and where the key decisions come.

Can I sue my employer for sexual harassment in California? Yes, in many situations. The Fair Employment and Housing Act prohibits sexual harassment and allows employees to seek damages in court, generally after filing a complaint with the California Civil Rights Department and receiving a right-to-sue notice. Timing, evidence, and who harassed you all shape the case. For an assessment of your facts, harassment representation from LFECR starts with a free case review.

  1. Recognize
  2. Document and report
  3. Get advice
  4. File with the CRD
  5. Negotiate
  6. Litigate
1Stage

Recognize That Sexual Harassment Is a Form of Workplace Harassment Under FEHA

The first step is naming what is happening. FEHA treats sexual harassment as unlawful workplace harassment, whether it involves unwanted advances, sexual comments, explicit images, or hostility based on gender, gender identity, or sexual orientation. It does not need to involve sexual desire.

When workplace harassment creates a hostile work environment

Harassment is actionable when it is severe or pervasive enough to alter your working conditions. California law recognizes that one serious incident can be enough. LFECR's glossary explains the hostile work environment standard in plain terms.

2Stage

Document What Happened, and Report It When You Can

Evidence gathered early is often the most persuasive. Keep a dated log, save messages to a personal device, and note any witnesses.

Reporting through your employer's complaint process puts the company on notice. That matters most when the harasser is a coworker or customer, because the employer's liability can depend on whether it knew and failed to act. For supervisor harassment, employers are generally strictly liable.

Your protection: protected activity includes reporting workplace harassment or discrimination. Retaliating against you for a complaint is a separate FEHA violation.

3Stage

Get a Legal Assessment Before Key Decisions

Speaking with an attorney is especially valuable before you resign, before you sign any agreement, or if the harassment continued after you reported it. A lawyer can identify every potential claim, including against the harasser personally, since FEHA allows individual liability for harassment.

How LFECR handles harassment claims

  • Represents California employees exclusively; never employers
  • Contingency fee: no fee unless there is a recovery
  • Headquartered in Burbank, representing workers statewide
  • Litigation led by Robert Ebert Byrnes, Managing Partner and Head of Litigation
4Stage

File With the Civil Rights Department and Obtain a Right-to-Sue Notice

California employees have rights under the Fair Employment and Housing Act, and exercising them usually runs through the Civil Rights Department. You can ask the CRD to investigate, or request an immediate right-to-sue notice so your attorney can file in court. The glossary entry on FEHA claims outlines this step.

3 years

General deadline to file a FEHA complaint with the CRD after the harassment

1 year

General deadline to file a lawsuit after a right-to-sue notice is issued

5Stage

Negotiation and Mediation

Many harassment cases resolve without a trial, through direct negotiation or mediation. California limits many confidentiality provisions in harassment settlements; in general, an agreement resolving a filed sexual harassment claim cannot bar disclosure of the facts, though you can request that your identity remain confidential.

6Stage

Litigation or Arbitration

If the case does not settle, it proceeds in court or, if you signed an enforceable arbitration agreement, in private arbitration. Potential remedies include lost wages, emotional distress damages, and attorney's fees under FEHA. Punitive damages are possible in serious cases proven by clear and convincing evidence of malice, oppression, or fraud. No outcome is guaranteed.

Digital Law Online is an educational resource, not a law firm. This guide is general information, not legal advice, and does not create an attorney-client relationship. Case stages and timelines vary, and outcomes depend on specific facts. If you are in immediate danger, contact emergency services. Consult a qualified California employment attorney.