What to Do If You Face Sexual Harassment at Work in California

By Briana Kim, Employment Attorney | The Law Office of Briana Kim, P.C.

If you are facing sexual harassment at work in California, take three steps: document every incident, report it in writing through your company’s process, and know that the law protects you from retaliation for reporting in good faith. You have a right to feel safe at work; and strong protections when that right is violated.

Here is what to do.

What should I do first?

1. Trust your instincts. Do not ignore behavior that makes you feel unsafe.
2. Document everything. Log the dates, times, locations, and details of each incident, and keep copies of all communications.
3. Record witnesses. Note anyone who saw or heard the harassment, and collect their names and contact information.

How do I report harassment the right way?

Report it in writing to HR or management, and follow your company’s policy precisely. As you do:

• Ask that your complaint be kept confidential, and understand the limits of that
• Request a copy of the company’s anti-harassment policy

Reporting in writing creates a record and it triggers your employer’s legal duty to investigate and act.

What protections does California law give me?

California employees have some of the strongest workplace protections in the country under the Fair Employment and Housing Act (FEHA), Government Code Section 12940:

• Strict liability for supervisors. In California, an employer is strictly liable for harassment committed by a supervisor.
• Mandatory training. Employers with 5 or more employees must provide harassment-prevention training under SB 1343.
• Anti-retaliation. You are legally protected from retaliation for reporting harassment in good faith.
• Related claims. Harassment can connect to other violations, like pay inequity under the Equal Pay Act.

Do not sign a waiver of future retaliation claims without having it reviewed first.

What if my employer retaliates or ignores me?

Retaliation, being demoted, disciplined, isolated, or fired after you report, is itself illegal and often becomes its own claim. If your employer failed to act, or punished you for speaking up, that is exactly when to talk to an employment attorney. Consider counseling or mental-health support as well; harassment takes a real toll, and getting support is not a sign of weakness.

Frequently asked questions

Do I have to report harassment to HR before I can take legal action? Reporting internally is usually a smart first step and strengthens your case, but you also have the right to file with a government agency like the EEOC or California Civil Rights Department.

Is my employer responsible if a coworker (not a manager) harasses me? Yes, an employer can be liable if it knew or should have known about coworker harassment and failed to take reasonable action. For supervisor harassment, California applies strict liability.

Can I be fired for reporting sexual harassment? Firing you for a good-faith report is illegal retaliation and can create a separate claim on top of the harassment itself.

Talk to the Wage Recovery Queen™

You do not have to handle this alone. Get a free, confidential case review. Call (714) 482-6301 or request your free consultation. Our experienced sexual harassment attorneys represent employees across Long Beach, La Palma, and Southern California.

This is general information, not legal advice. Consult an attorney or the EEOC for guidance specific to your situation.