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

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.

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.

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

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.

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.

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.