In this guide10 sections
Sexual harassment is unwelcome conduct because of sex, such as sexual advances, requests for sexual favors, or sexual or gender-based comments, touching or images, that either is tied to your job or makes your workplace hostile. In California, it is prohibited at every employer, no matter how small, and it can come from a supervisor, a coworker or even a customer. It doesn’t have to be motivated by sexual desire, and it can happen between people of the same gender. If it’s happening to you, you have the right to report it without retaliation.
Key takeaways
- California’s Fair Employment and Housing Act (FEHA) bans sexual harassment at employers with one or more employees, and protects employees, applicants, unpaid interns, volunteers and contractors.
- There are two main types: quid pro quo (a job benefit tied to sexual favors) and hostile work environment (conduct severe or pervasive enough to change your working conditions).
- A single incident can be serious enough to be unlawful, and harassment because of sex includes gender harassment and pregnancy-based harassment.
- Employers are strictly liable for a supervisor’s sexual harassment, and the harasser can be personally liable.
- You generally have three years from the last act of harassment to file with the Civil Rights Department (CRD).
What California law says
Under Gov. Code §12940(j), it is unlawful to harass an employee, applicant, unpaid intern, volunteer or contractor because of sex, gender, gender identity, gender expression or sexual orientation, among other characteristics. FEHA spells out that harassment “because of sex” includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth or related medical conditions, and that “sexually harassing conduct need not be motivated by sexual desire” (§12940(j)(4)(C)). You don’t have to lose pay or a promotion to have a claim; loss of tangible job benefits isn’t required.
Federal law (Title VII) also prohibits sexual harassment, but it applies only to employers with 15 or more employees. California’s protection reaches every workplace.
The two main types
Quid pro quo
Quid pro quo means “this for that.” It happens when someone conditions a job, promotion, schedule or other benefit on your submitting to sexual advances, or threatens consequences if you refuse. It usually involves a supervisor or someone with power over your job. A single clear demand can be enough. Read more about quid pro quo sexual harassment.
Hostile work environment
A hostile work environment exists when unwelcome sex-based conduct is severe or pervasive enough to create an intimidating, hostile or offensive workplace. The CRD notes that “a single act of harassment may be sufficiently severe to be unlawful.” California’s Legislature has also said that courts should look at the totality of the circumstances and that a single incident can be enough to create a triable issue (Gov. Code §12923). See our page on hostile work environments.
Examples of sexual harassment
| Type of conduct | Examples |
|---|---|
| Verbal | Sexual comments or jokes, remarks about your body, repeated requests for dates after you said no, slurs or derogatory comments about your gender or sexual orientation, rumors about your sex life |
| Physical | Unwanted touching, hugging or brushing against you, blocking your path, assault |
| Visual | Leering, sexual gestures, displaying or sending sexual images, cartoons or posters |
| Digital | Sexual texts, direct messages or emails, including after hours or on personal accounts when tied to work |
| Job-related threats or promises | A raise, shift or promotion offered in exchange for sex, or a threat of discipline for refusing |
The CRD’s examples are listed in its sexual harassment fact sheet.
Here is a hypothetical. Marcus works at a distribution center. For months, a group of coworkers mock him with sexual comments about his masculinity and post a doctored image of him in the break room. No one is asking him out, and the coworkers are all men. It can still be sexual harassment: the conduct is based on sex and gender, and it doesn’t need to be motivated by sexual desire.
Who can be a harasser, and who is responsible
- Supervisors: The California Supreme Court held in 2003 that employers are strictly liable under FEHA for sexual harassment by a supervisor. An employer may be able to reduce damages if you unreasonably failed to use an effective complaint process, but that affects the amount, not liability.
- Coworkers: Your employer is liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action (Gov. Code §12940(j)(1)).
- Customers, clients and vendors: The same knew-or-should-have-known standard applies, considering how much control the employer has over the nonemployee.
- The harasser personally: Any employee who harasses can be held personally liable under §12940(j)(3).
Our guide on who is liable for sexual harassment covers these rules in more depth.
What isn’t usually sexual harassment
Not every uncomfortable moment is unlawful. A single mild comment, mutual and welcome workplace relationships, or general rudeness that has nothing to do with sex or gender usually won’t support a claim on its own. The California Supreme Court held in 2005 that an isolated instance of a supervisor favoring a romantic partner ordinarily isn’t harassment of other employees, but widespread sexual favoritism can create a hostile environment. When in doubt, document it and get advice; conduct that seems minor can be part of a larger pattern.
What employers must do
- Prevent it: FEHA requires employers to take all reasonable steps to prevent harassment (Gov. Code §12940(j)(1), (k)).
- Have a written policy with a complaint process that prohibits retaliation, according to the CRD.
- Train employees: Employers with five or more employees must provide at least two hours of sexual harassment prevention training to supervisors and one hour to nonsupervisory employees every two years, and train new supervisors within six months (Gov. Code §12950.1).
- Respond to complaints with prompt investigation and corrective action, and no retaliation.
What to do if you’re being harassed
- Write down each incident with dates, details and witnesses, and save messages or images.
- Report it in writing following your employer’s policy, and keep a copy.
- Keep records of how your employer responds and any changes in how you’re treated.
- If it continues, or you face retaliation, file with the CRD or talk to a lawyer. Retaliation for reporting can violate FEHA; see can you be fired for reporting sexual harassment.
Our step-by-step guide to reporting sexual harassment walks through each stage, including deadlines.
Frequently asked questions
Can a man be sexually harassed, or can the harasser be the same gender?
Yes. The CRD says people of any gender can be targets, and harassment can involve someone of the same gender as the harasser.
Does it count if it happened outside work or over text?
It can. Conduct by a supervisor or coworker through texts or social media, or at work-related events, can be part of a hostile work environment when it connects to your job.
Do I have to tell the harasser to stop first?
No. The conduct has to be unwelcome, but you don’t have to confront the harasser. Many workers don’t feel safe doing that. Reporting to your employer is usually the more important step.
How long do I have to file a complaint?
Generally three years from the last act of harassment to file with the CRD, then one year from a right-to-sue notice to file a lawsuit. A federal EEOC charge must be filed within 300 days in California.
What can I recover?
Depending on the facts, remedies can include lost wages, emotional distress damages, punitive damages in egregious cases, and attorney’s fees and costs. See what a sexual harassment case is worth.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively, including employees facing sexual harassment and retaliation. We offer free virtual consultations to help you understand whether what you’re experiencing is unlawful and what you can do. 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.
