Types of Workplace Sexual Harassment Under California Law
California recognizes two legal categories of sexual harassment. Quid pro quo harassment occurs when a supervisor or employer conditions a job benefit on sexual compliance, whether that’s a promotion, a raise, continued employment, or any other term of work. Hostile work environment harassment involves conduct that is severe or pervasive enough to make the workplace intimidating, offensive, or intolerable.
Sexual harassment doesn’t require physical contact to be legally actionable. Verbal, written, and visual conduct can all meet the legal threshold, and under California law, harassing conduct doesn’t need to be motivated by sexual desire to qualify. A single severe incident can constitute actionable harassment, and any employee can be a victim regardless of gender. LGBTQ workers are protected under the California Fair Employment and Housing Act (FEHA).
Verbal & Written Harassment
Some examples of verbal and written sexual harassment include:
- Asking intrusive or explicit questions about orientation or personal history
- Making sexual comments, innuendos, or graphic comments about a person’s body
- Using sexually degrading language or derogatory slurs
- Making inappropriate jokes or rating someone’s appearance or sexuality
Physical Harassment
Some examples of physical sexual harassment include:
- Unwanted touching, patting, stroking, or brushing against a person
- Making sexual advances or gestures
- Leering or staring at body parts
- Impeding or blocking a person’s movement
- Attempting or committing physical or sexual assault
Visual Harassment
Some examples of visual sexual harassment include:
- Sharing sexually inappropriate images or videos with co-workers
- Displaying sexually suggestive materials, pictures, cartoons, or posters in the workplace
Harassment Through Intimidation
Some examples of sexual harassment with an intimidation element include:
- Spreading rumors about a person’s sexuality or sexual activities
- Offering employment benefits in exchange for sexual favors
- Threatening or bribing a person to engage in sexual activity
- Retaliating against a person for rejecting sexual advances or reporting harassment
- Stalking a person
Employer Liability for Workplace Sexual Harassment in San Diego
Under California law, liability depends on who committed the harassment. When a supervisor is the harasser, the employer faces strict liability, meaning the employer may be held responsible for damages even without knowledge of the harassment or any steps to enable it. The employee need only prove the harassment occurred.
When the harasser is a co-worker, customer, or independent contractor, the employer can still be held liable if it knew or should have known about the conduct and failed to take immediate corrective action. FEHA’s harassment protections apply to all California workplaces regardless of employer size. Enforcement falls to the California Civil Rights Department (CRD), the state agency responsible for FEHA claims.
Steps to Take When Facing Harassment at Work
The steps you take after harassment occurs can significantly affect the strength of a legal claim. Acting early and building a documented record gives your attorney the foundation needed to pursue your case effectively.
Tell the Harasser to Stop
If it’s safe and feasible, tell the harasser directly that their behavior is unwelcome and must stop. Put this in writing and keep a copy. That early documentation can carry real weight later in the process.
Report Through Workplace Channels
If confronting the harasser isn’t possible or effective, report the harassment in writing to HR, your supervisor, or upper management. Check your employee handbook for the company’s reporting procedures. An email creates a time-stamped record that the report was made and received.
Document Everything
Write down what happened, when and where it occurred, who witnessed it, and how you responded. If you experienced retaliation after reporting, document that as well. Retaliation for reporting harassment is prohibited under California law, and under SB 497 (effective January 1, 2024), an employer who takes adverse action within 90 days of a protected activity faces a rebuttable presumption of retaliation under FEHA.
Consult a San Diego Sexual Harassment Attorney Early
Under California’s AB 9 (the SHARE Act), employees have three years from the last act of harassment to file a complaint with the California Civil Rights Department. After receiving a right-to-sue notice, there is one year to file a civil lawsuit. Missing the CRD filing deadline permanently bars a civil claim, regardless of how strong the underlying facts are. We offer free initial consultations so you can understand your legal position before committing to any course of action.
Compensation Available in California Sexual Harassment Cases
Employees who prevail in sexual harassment claims under California law may recover a range of damages. The goal is to make the employee whole and, in cases of serious employer misconduct, to hold the employer accountable beyond what direct losses alone would require.
Recoverable damages may include:
- Past and future lost wages
- Past and future medical and psychiatric expenses
- Damages for emotional distress
- Punitive damages in cases involving particularly egregious employer conduct
- Reinstatement or future pay damages for employees who were wrongfully terminated
- Attorney fees under FEHA
We pursue compensation for every client we represent. Many San Diego workplace sexual harassment cases are resolved through negotiated settlement, but we’re prepared to take a case to trial when settlement doesn’t produce the best outcome. Every path is evaluated based on what makes the most sense for your specific circumstances.
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