Guide to Sexual Harassment In California

Guide to Sexual harassment in California

Sexual Harassment Law in California: An Overview for the Lay Person

Introduction: Sexual harassment is a serious issue that affects many individuals in the workplace. In California, it is illegal for an employer to subject an employee to harassment based on their sex, gender, or any other protected characteristic. This article provides an overview of sexual harassment law in California, including the types of harassment recognized by law, the legal responsibilities of employers, and the remedies available to victims of harassment.

Types of Sexual Harassment: There are two types of sexual harassment recognized by California law: quid pro quo and hostile work environment.

Quid Pro Quo Harassment: Quid pro quo harassment occurs when an employer makes employment decisions based on an employee’s submission to or rejection of sexual advances or demands. This type of harassment typically involves an abuse of power by a supervisor, manager, or other authority figure in the workplace.

Hostile Work Environment: Harassment A hostile work environment occurs when an employee is subjected to severe or pervasive harassment that affects their ability to perform their job. This type of harassment may involve a variety of behaviors, including sexual jokes, comments, gestures, or physical contact that is unwelcome and offensive.

Legal Responsibilities of Employers Under California law: Employers have a legal duty to prevent and address sexual harassment in the workplace. This includes providing training and education to employees, conducting investigations when harassment is reported, and taking appropriate corrective action when harassment is found to have occurred.

Remedies Available to Victims of Harassment: Victims of sexual harassment in California may be entitled to a variety of remedies, including damages for emotional distress, lost wages, and other losses. In some cases, it may also be possible to obtain an injunction requiring the employer to take steps to prevent future harassment.

Conclusion: Sexual harassment is a serious issue that affects many individuals in the workplace. If you believe that you have been the victim of sexual harassment, it is important to seek the advice of an experienced employment law attorney. An attorney can help you understand your rights and obligations under California law, and guide you through the process of seeking compensation and other remedies.

Sources and Further Reading: California Fair Employment and Housing Act (FEHA): https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/05/FEHA-Regulations-2021.pdf Title VII of the Civil Rights Act of 1964: https://www.eeoc.gov/laws/statutes/titlevii.cfm Equal Pay Act: https://www.dol.gov/agencies/whd/flsa/policies/equal-pay-act-comp Seminal Cases in Sexual Harassment Law: https://www.nwlc.org/resources/sexual-harassment-law-seminal-case

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If you have been the victim of sexual harassment in the workplace, it is important to seek the advice of an experienced California sexual harassment lawyer. A lawyer can help you understand your rights and obligations under California law, and guide you through the process of seeking compensation and other remedies. In order to prove a claim of sexual harassment in California, the plaintiff must demonstrate that they were subjected to offensive conduct of a sexual nature that was either severe or pervasive. The specific conduct that constitutes harassment can vary widely, and may include sexual advances, comments, gestures, or physical contact. Before that first call, it helps to have the incidents written down: what to record, and the one thing not to do.

The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad is a lifetime member of the California Employment Lawyers Association (CELA), serves as Editor-in-Chief of the California Wrongful Termination Law Review, and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2027), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: August 12, 2026.

Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.