What to Do If Sexually Harassed at Work in California

Experiencing sexual harassment at work can be overwhelming and confusing, especially when you’re not sure what steps to take next. If you find yourself asking what to do if sexually harassed at work in California, it’s important to know that you have rights. There are also clear actions you can take to protect yourself.

Understanding What Counts as Sexual Harassment

With 42% of all employees reporting harassment in the workplace, the EEOC securing over $665 million in compensation for victims, and one in four women reporting sexual harassment at work, it’s clear that the first step to protecting yourself at work is knowing what actually counts as sexual harassment.

Some types of harassment are easy to spot, like unwanted touching or explicit comments, but others are a lot more subtle. California takes a broad view of what qualifies as sexual harassment, which means even less obvious behavior might be illegal.

The more you understand about what constitutes sexual harassment, the more confident you’ll be in recognizing when something isn’t right. Under California sexual harassment laws, some common examples of sexual harassment can include:

• Unwanted physical contact, like touching, groping, brushing up against someone, or hugging without consent
• Sexually explicit comments or jokes that make the workplace feel uncomfortable or offensive
• Repeated romantic advances after you’ve made it clear you’re not interested
• Sharing or displaying sexual content, including emails, images, or posters
• Leering, gestures, or suggestive body language that feels intrusive or threatening
• Verbal harassment, including gender-based slurs, inappropriate nicknames, or demeaning language
• Threats or offers of job benefits in exchange for sexual favors, also known as quid pro quo harassment
• Sexual harassment over text, email, or social media, especially when work-related accounts or communication channels are involved

No one should be made to feel unsafe, uncomfortable, or demeaned at work. If you’ve experienced any of the behaviors described, or even if you’re unsure, it’s important to take your concerns seriously. California’s legal protections are designed to address a wide range of harmful conduct, and taking action early on can prevent the situation from getting worse.

Step-by-Step Guide: What to Do If You’re Harassed

Finding yourself the target of sexual harassment at work can be confusing and stressful, leaving you unsure as to what your next steps should be. Knowing what actions to take can be critical for protecting your rights and putting an end to the harassment. Those actions include:

1. Document Everything. From the first inappropriate comment to every uncomfortable interaction, maintain a detailed record. Include dates, locations, names of people involved, and any witnesses. Save emails, text messages, or other communications that may serve as evidence in your claim.
2. Review Your Employer’s Sexual Harassment Policy. California law requires that most employers need to have a written sexual harassment policy. This policy should outline the internal complaint process. Carefully review it and follow the procedures laid out for reporting misconduct.
3. Internally Report the Harassment. Even if it feels intimidating, report the harassment to your supervisor, HR department, or designated officer. If the harasser is your supervisor, report it to someone higher up or through another formal channel.
4. File a Complaint With the Appropriate Agency. If your internal complaint goes unresolved or if you prefer to skip that step, you can file a complaint with:
   • The California Civil Rights Department (CRD)
   • The U.S. Equal Employment Opportunity Commission (EEOC)

   Filing with the CRD is often the recommended route for California sexual harassment cases, as the agency is more familiar with state-specific protections.

5. Hire a Sexual Harassment Attorney. When you’re facing workplace sexual harassment, hiring the right attorney can be essential when facing your employer’s legal team. While any qualified lawyer can explain your rights, choosing a California sexual harassment attorney gives you several unique advantages. A California lawyer is familiar with the rules, filing deadlines, and personnel in courthouses like the Riverside County Superior Court, Los Angeles County Superior Court, or San Diego County Superior Court. This insider knowledge can streamline your case and prevent common delays.Dealing with sexual harassment is never easy, but knowing exactly what to do can give you the confidence to take control of the situation. By carefully documenting the behavior, reporting it through the right channels, and hiring a seasoned lawyer, you can stand up against harassment and take your life back.

FAQs

Q: Can I File a Harassment Claim If the Conduct Happened at a Work Party or Offsite Event?

A: Yes, you can file a harassment claim if the conduct happened at a work party or an offsite event, even if it occurs after hours. California courts have ruled that holiday parties, conferences, and team retreats can be considered work-related settings. If harassment happened during such an event and is tied to your employment, you have grounds to file a complaint, just as you would for conduct inside the office.

Q: Can I Still Claim Sexual Harassment If I Work From Home?

A: Yes, you can still claim sexual harassment if you work from home. Harassment doesn’t have to happen in a physical office to be unlawful. If you’re receiving unwanted messages, emails, video calls, or other communications that are sexually explicit or hostile in nature, you could still have a valid claim.

Q: Am I Still Protected If I’m a Freelancer or Independent Contractor?

A: Yes, in many cases, you can. While independent contractors were once excluded, California law has expanded its protection. If you’re hired to perform work for a business, even as a contractor, you could file a sexual harassment claim if you can show how the misconduct was tied to your professional relationship.

Q: Can Men File Sexual Harassment Claims, Too?

A: Yes, men can file sexual harassment claims, too. Sexual harassment laws in California apply to everyone, regardless of gender. Men, women, and non-binary individuals are all equally protected. Harassers can also be of any gender. Courts don’t require romantic or sexual interest for conduct to qualify. What matters is that the behavior is unwanted and creates a hostile or offensive work environment.

Empower Yourself With Experienced Legal Support

With decades of combined experience and a commitment to relentless advocacy, the team at Sexual Harassment Law Firm CA understands the emotional and legal complexities involved in these cases.

Sexual harassment in the workplace is never acceptable, and you deserve to work in an environment free from fear, intimidation, and disrespect.

Contact Sexual Harassment Law Firm CA today to schedule a consultation.