Are You Experiencing Sexual Harassment at Work?
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Not Sure If It’s Harassment?
Is Your Workplace Safe & Respectful?
No one should be harassed at work. If you’re dealing with sexual comments, inappropriate behavior, or retaliation after reporting harassment, EFLL is ready to fight for your rights. Sexual harassment is illegal under both California and federal law. It includes any unwelcome sexual advances, verbal or physical conduct, or requests for sexual favors that interfere with an employee’s work or create a hostile environment. Employees are protected under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act. There are two primary forms of sexual harassment recognized under the law:
Hostile Work Environment vs. Quid Pro Quo Harassment
Hostile Work Environment
It occurs when an employee experiences offensive or abusive conduct based on sex or gender that is severe or pervasive enough to affect their ability to work. This includes:
- Lewd comments or jokes
- Unwanted touching
- Displaying sexual images
- Repeated advances or messages
Quid Pro Quo Harassment
It happens when submission to sexual conduct is made a condition of employment, promotion, or continued employment. For example:
- A supervisor implies that a raise or favorable shift depends on going on a date
- A manager threatens termination if the employee refuses sexual advances
Quid Pro Quo Harassment Explained
Quid pro quo is Latin for “this for that”—and in employment law, it refers to situations where workplace benefits or continued employment are tied to sexual favors. This form of harassment often involves individuals in positions of power, such as supervisors, managers, or executives. Quid pro quo harassment is illegal even if the employee does not explicitly reject the advances. The mere threat—implied or direct—can be enough to support a claim. Victims may feel compelled to comply out of fear of retaliation, losing their job, or being blacklisted in their industry.
California courts take quid pro quo harassment seriously, and employers can be held strictly liable when it involves a supervisor. Both hostile work environment and quid pro quo harassment are unlawful, and EFLL takes immediate action when either form is present.
We Take Sexual Harassment Seriously.
Employer Responsibilities
Employers in California have both a legal and ethical duty to prevent and respond to sexual harassment in the workplace. Under the California Fair Employment and Housing Act (FEHA), this duty is not just reactive—it requires proactive steps to ensure a safe and respectful environment. Employers are required to:
Maintain a workplace free of harassment
Implement and distribute a clear anti-harassment policy
Respond promptly and effectively to all complaints
Conduct fair, neutral, & thorough investigations
Provide regular harassment prevention training (especially for supervisors)
Take immediate corrective action if harassment is confirmed
Failure to take these steps may result in employer liability—especially when the harasser is a supervisor, as California law holds employers strictly liable for supervisory harassment. Even when the harasser is a coworker, client, or vendor, the employer can still be liable if it knew or should have known about the conduct and failed to act appropriately
Failure to Prevent Harassment
California law goes further than many other states by creating an independent cause of action for “failure to prevent harassment.” Under FEHA (Gov. Code § 12940(k)), employers can be held liable if they fail to take all reasonable steps necessary to prevent harassment, discrimination, or retaliation from occurring. This means that even if an employee hasn’t yet been harassed, an employer can still be held accountable if:
- Lewd comments or jokes
- Unwanted touching
- Displaying sexual images
- Repeated advances or messages
At EFLL, we investigate these failures thoroughly and use them to hold employers fully accountable—not just for what happened, but for what they failed to prevent.
Bystander Reporting & Retaliation
California law protects employees who report harassment—even if they weren’t the direct target. If you witnessed misconduct and reported it in good faith, you are protected from retaliation under FEHA and Labor Code § 1102.5.
Retaliation can include termination, demotion, isolation, or negative performance reviews after speaking up. If this happens, you may have an additional legal claim separate from the harassment itself.
Contact EFLL for Help Today
Sexual harassment is serious—and so are we. If you've been harassed, retaliated against, or ignored by HR, we want to hear your story.
Confidentiality, NDAs, and Settlement Options
After a harassment claim is filed, many employees face pressure to sign non-disclosure agreements (NDAs) as part of a settlement. California law (SB 331) now prohibits NDAs that silence victims of workplace harassment or discrimination. At EFLL, we:
Negotiate fair & lawful settlements
Protect your ability to speak about your experience
Maximize compensation for emotional distress and lost wages
We fight to ensure that your voice isn’t silenced —
and your future isn’t compromised. After a harassment claim is filed, many employees face pressure to sign non-disclosure agreements (NDAs) as part of a settlement. California law (SB 331) now prohibits NDAs that silence victims of workplace harassment or discrimination. At EFLL, we:
- Negotiate fair and lawful settlement
- Protect your ability to speak about your experience
- Maximize compensation for emotional distress and lost wages
Forced Arbitration and Your Rights
Under California law, workers who experience sexual harassment cannot be forced into private arbitration to resolve their claims. Senate Bill 1300 and Assembly Bill 51 prohibit employers from requiring employees to sign mandatory arbitration agreements as a condition of employment or continued employment for claims related to sexual harassment, discrimination, or retaliation.
As codified in California Labor Code § 432.6, employees cannot be retaliated against for refusing to sign arbitration agreements. This law ensures that survivors of harassment retain their right to take their claims to court, where their voices can be heard publicly and fairly. Even if you’ve signed an arbitration agreement, it may not be enforceable in harassment cases. EFLL will review your agreement and advocate for your right to a fair trial.
READ OUR BLOG
Understanding Sexual Harassment: What Every Employee Should Know
Sexual harassment can take many forms- from inappropriate jokes to unwanted advances. This post breaks down what qualifies as harassment under the law, explains the difference between quid pro quo and hostile work environment, and outlines what steps employees should take if they experience it.
How to Report Sexual Harassment at Work: A Step-by-Step Guide
Reporting harassment can feel overwhelming. This article offers a clear, actionable guide on how to document incidents, file a complaint internally, and escalate to legal authorities if needed. It also covers what protections exist for those who come forward.
Can I Be Fired for Reporting Sexual Harassment? Know Your Rights.
Fear of retaliation keeps many victims silent. This blog post explores the legal protections in place for whistleblowers, including wrongful termination laws and anti-retaliation provisions. It reassures readers of their rights and what recourse is available if they’re punished for speaking up.
Got A Question?
We’ve Answers.
Sexual harassment includes unwelcome verbal, visual, or physical conduct of a sexual nature that creates a hostile or offensive work environment or affects employment decisions.
No. It is illegal for an employer to retaliate against you for reporting sexual harassment or participating in an investigation.
While evidence helps, you don’t need physical proof to file a claim. Documentation, witnesses, or a consistent timeline can support your case.
You can report to your supervisor, HR department, or a designated compliance officer. If your employer fails to act, you can file a complaint with state or federal agencies.
In California, you typically have three years to file a complaint with the Civil Rights Department (CRD), but it’s best to act as soon as possible.
Yes. You can pursue legal action even while still employed. The law protects you from retaliation during and after the process.
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Contact EFLL for Help Today
Sexual harassment is serious—and so are we. If you’ve been harassed, retaliated against, or ignored by HR, we want to hear your story