In this guide8 sections
In May 2025, a California Court of Appeal upheld a $4 million jury verdict for an LAPD captain who was harassed when a topless photo falsely said to be her circulated through the department. She never saw the photo passed around herself, and the department refused her request to stop it. The decision shows that harassment you learn about secondhand, combined with an employer that lets it continue, can create a hostile work environment under California law.
Key takeaways
- You don’t have to witness harassing conduct directly; learning that it is spreading through your workplace can support a hostile work environment claim.
- Whether a work environment is hostile depends on the totality of the circumstances (Gov. Code §12923(c)), and a single incident can be enough to go to trial (§12923(b)).
- An employer that refuses to act on a complaint can make the harassment worse and increase its liability.
- Emotional distress damages can be substantial: here the jury awarded $1.5 million for past and $2.5 million for future noneconomic damages.
What happened
According to the appellate opinion, a photo of a topless woman who looked like the captain, but was not her, circulated electronically among LAPD personnel. A detective told her that on-duty officers were viewing it and making lewd comments. She asked the department to tell employees the photo was not of her and to order them to stop sharing it. The department declined, and no one was disciplined.
She sued the City of Los Angeles under the Fair Employment and Housing Act (FEHA) for a hostile work environment based on sexual harassment. A jury awarded her $4 million in noneconomic damages.
What the Court of Appeal held
The city argued she had not directly experienced the harassment and that it was not severe or pervasive. The Court of Appeal (Second District, Division Seven) disagreed and affirmed the judgment and the attorney’s fee award in an opinion filed May 23, 2025.
- Secondhand knowledge counts. Substantial evidence supported the jury’s finding that the widespread circulation, which she learned about from others, was severe or pervasive harassment.
- The employer’s inaction mattered. The court noted the department allowed the distribution to continue unchecked, which bore on how severe and pervasive the harassment was.
Why this matters for California workers
Harassment today often happens in group chats, texts and shared images rather than face to face. Since 2019, Gov. Code §12923 has said a single incident of harassing conduct can be enough to create a triable issue if it unreasonably interfered with your work or created an intimidating, hostile or offensive environment.
FEHA also requires employers to take all reasonable steps to prevent harassment (Gov. Code §12940(k)) and prohibits retaliation for complaining (§12940(h)). FEHA’s harassment protections apply to employers of any size. Learn more about who is liable for sexual harassment.
Example (hypothetical): Tanya, a nurse, hears from three coworkers that an altered image of her is being shared in a staff group chat. She reports it to her manager, who says it is “just a joke” and does nothing. Even though Tanya never saw the image herself, its spread and her employer’s refusal to act may support claims for harassment and failure to prevent harassment.
What to do if harassing content about you is circulating at work
- Report it in writing to HR or a manager outside the chain involved, and ask that the content be removed and the sharing stopped.
- Record what you hear. Note who told you, when, and what they said they saw.
- Preserve evidence you can lawfully access, such as messages sent to you. Don’t access others’ accounts or devices.
- Document the impact, including stress, sleep problems, counseling or medical visits and changes at work.
- Watch for retaliation after you report. See retaliation claims in California.
- Mind the deadline. A CRD complaint generally must be filed within three years of the last harmful act, and you then have one year from the right-to-sue notice to file a lawsuit.
What damages may be available
A successful FEHA harassment claim may include emotional distress damages, lost wages if you lost income, punitive damages against private employers in appropriate cases, and attorney’s fees and costs. See what a sexual harassment case may be worth. Every case is different, and no result is typical.
Frequently asked questions
Can I sue for harassment if I never saw the offensive material?
Possibly. This decision held that secondhand knowledge of widespread harassing conduct, together with the employer’s failure to act, supported a hostile work environment verdict.
Is one incident enough for a harassment claim in California?
It can be. Under Gov. Code §12923(b), a single incident can be enough to create a triable issue.
Does it matter that I work for a government agency?
FEHA covers public employers, including cities and police departments. Public entities cannot be ordered to pay punitive damages (Gov. Code §818), but other damages remain available.
What if my employer says it’s just a joke?
That doesn’t end the employer’s duty. Once it knows about harassment, it must take reasonable steps to stop it.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively in sexual harassment and hostile work environment cases. We offer free virtual consultations. Contact us 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.
