In this guide11 sections
- Key takeaways
- Step 1: Write down what happened
- Step 2: Find your employer’s complaint procedure
- Step 3: Report in writing
- Why reporting matters legally
- Step 4: Cooperate with the investigation and keep records
- Step 5: Watch for retaliation
- Step 6: File with the CRD or EEOC if needed
- Step 7: Talk to a lawyer
- Frequently asked questions
- Talk to a California employment lawyer
To report sexual harassment at work in California, write down what happened, report it in writing to HR or another person your employer’s policy designates, keep a copy, and watch for retaliation. If your employer doesn’t fix the problem, you can file with the California Civil Rights Department (CRD) within three years of the last act of harassment, or with the federal EEOC within 300 days. Reporting internally isn’t required to file with the CRD, but it often strengthens your case and can affect the damages you recover.
Key takeaways
- Put your report in writing and keep a copy; it proves when your employer was put on notice.
- Once your employer knows, it must take “immediate and appropriate corrective action” (Gov. Code §12940(j)).
- Your employer can’t lawfully retaliate against you for reporting, even if its investigation doesn’t confirm your complaint.
- File with the CRD within three years of the last act of harassment or retaliation; you need a CRD right-to-sue notice before suing under state law.
Step 1: Write down what happened
Start a private, dated record as soon as you can, kept on your own phone or paper rather than a work computer. For each incident, note:
- the date, time and place;
- exactly what was said or done, in the person’s own words where possible;
- who saw or heard it, or who you told afterward;
- how it affected you and your work.
Save texts, direct messages, emails, voicemails and images. Screenshots should show the sender and date. Notes written at the time are often more persuasive than memories reconstructed months later. Recording a private conversation without consent can be illegal in California, so get advice before recording anyone.
Step 2: Find your employer’s complaint procedure
The CRD’s sexual harassment fact sheet says employers must have a written harassment policy that sets out a complaint process and prohibits retaliation. Look in your employee handbook, onboarding documents or intranet. Policies usually let you report to someone other than your direct supervisor, such as HR, a different manager or a hotline. That matters if the harasser is your supervisor.
Step 3: Report in writing
Send your complaint by email or letter to the person or department named in the policy, and keep a copy. A good report:
- says plainly that you are reporting sexual harassment;
- names who was involved;
- describes the main incidents with dates;
- lists any witnesses;
- asks the company to stop the conduct and protect you from retaliation.
You don’t need legal terms, and you don’t have to prove anything at this stage. If you first report in person, follow up the same day with a short email: “Thank you for meeting with me today. As I explained, [name] has …”.
Here is a hypothetical. Priya, a lab technician, has received late-night texts from a senior coworker asking her out and commenting on her body, and he recently cornered her in the supply room. She emails HR with screenshots of the texts, the dates of each incident and the name of a coworker who saw the supply room encounter. Her email fixes the date the company learned about the harassment.
Why reporting matters legally
- Coworker or customer harassment: Your employer is generally responsible when it knew or should have known about the harassment and failed to take immediate and appropriate corrective action (Gov. Code §12940(j)(1)). A written report removes doubt about what it knew.
- Supervisor harassment: The California Supreme Court held in 2003 that employers are strictly liable under FEHA for sexual harassment by a supervisor. But the employer may reduce damages by showing you unreasonably failed to use an effective complaint procedure and that reporting would have prevented some of the harm. Reporting closes off that argument.
- Retaliation protection: Reporting is protected activity under Gov. Code §12940(h).
Step 4: Cooperate with the investigation and keep records
Your employer should investigate promptly and fairly. Answer questions honestly, give the investigator your documents and witness names, and ask how you will be protected while the investigation is pending. Keep notes of every meeting. After the investigation, ask what steps the company took. See HR investigations: what to expect.
Step 5: Watch for retaliation
Keep logging after you report. Schedule cuts, a sudden bad review, a transfer that hurts you or renewed harassment can be retaliation, which is unlawful on its own. Report it in writing too. Our guide can you be fired for reporting sexual harassment explains your protection.
Step 6: File with the CRD or EEOC if needed
If the harassment continues or you face retaliation, you can go to a government agency.
| Option | How it works | General deadline |
|---|---|---|
| CRD complaint | Submit an intake form (online through the CRD’s California Civil Rights System or other listed methods); an intake interview follows; accepted complaints are investigated and typically go to mediation | 3 years from the last act of harassment or retaliation |
| CRD immediate right-to-sue | Skip the CRD investigation and go to court, usually with a lawyer | Lawsuit within 1 year of the notice |
| EEOC charge | Federal Title VII claim; employers with 15 or more employees | 300 days in California |
Details are on the CRD complaint process page and in our guide to filing a CRD complaint and getting a right-to-sue notice. If the conduct involved a sexual assault or threats, you can also report it to the police.
Step 7: Talk to a lawyer
A lawyer who handles sexual harassment cases can help you document the case, meet deadlines, request the right-to-sue notice and deal with your employer. Two things are worth knowing early:
- Arbitration agreements: If you signed one before the dispute, federal law lets a person alleging sexual harassment or sexual assault choose to go to court instead (9 U.S.C. §402).
- Settlements: California generally voids settlement terms that stop you from disclosing facts about sexual harassment claims filed in court or with an agency, although the amount can be kept confidential (Code Civ. Proc. §1001).
For timing questions, read our guide to the sexual harassment statute of limitations.
Frequently asked questions
Do I have to report to HR before filing with the CRD?
No. An internal complaint isn’t required to file with the CRD. But reporting often helps your case, and failing to use an available procedure can sometimes reduce the damages you recover.
What if the harasser is my boss or the owner?
Report to HR or anyone else the policy designates. If there is no one else, you can go directly to the CRD or a lawyer. FEHA also makes the harasser personally liable for harassment (Gov. Code §12940(j)(3)).
Can I report anonymously?
Some employers have anonymous hotlines, but an anonymous report can be harder to investigate and harder to prove later. A signed written report creates the clearest record.
What if my workplace has fewer than five employees?
FEHA’s harassment rules apply to employers with one or more employees, so you are still protected from harassment.
Can I report harassment after I’ve left the job?
Yes. You can file with the CRD within three years of the last act of harassment or retaliation, even after you have quit or been fired.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively, including employees reporting sexual harassment and facing retaliation. We offer free virtual consultations to help you plan your report and protect your deadlines. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
