Sexual harassment in the workplace is wrong, plain and simple. Yet despite policies and growing awareness, many employees still struggle with how to respond to sexual harassment in California when it happens to them. The problem is especially common when the misconduct comes from a high-performing employee or executive. Employers often look the other way when the harasser brings in revenue or influence, and even when employees report the behavior, Human Resources may delay or fail to act, leaving them without meaningful resolution.
I’m Matt Ruggles, and I’ve been practicing employment law in California for more than 30 years. I’ve represented countless employees who have been sexually harassed at work, and I understand how confusing, isolating, and unfair the process can feel.
I wrote this blog to share the same practical guidance I give clients who are wondering how they should respond to sexual harassment in a California workplace. These are the steps I recommend to document misconduct, protect your rights, and make sure your employer takes your complaint seriously.
If you’re still employed and unsure whether you want to sue, or you simply want to understand your options before taking action, read my blog, Should I File a Sexual Harassment Lawsuit While I’m Still Employed? It’s a deeper look at what to consider before making that decision.
What California Law Says About Sexual Harassment at Work
Under California’s Fair Employment and Housing Act (FEHA), it is unlawful for an employer to permit sexual harassment in the workplace. Government Code § 12940(j) specifically prohibits two primary forms of sexual harassment: quid pro quo harassment and hostile work environment harassment.
The Difference Between Quid Pro Quo and Hostile Work Environment Harassment
Quid Pro Quo Harassment:
This occurs when a supervisor or manager conditions a job benefit such as a raise, promotion, or continued employment on submission to unwelcome sexual conduct. A defining feature of quid pro quo harassment is the superior/subordinate relationship.
Example: A supervisor tells an employee that she will receive a bonus only if she agrees to go on a date with him. If she declines and the bonus is later withheld, that may constitute quid pro quo harassment.
Hostile Work Environment Harassment:
This form of harassment arises when unwelcome conduct based on sex or gender becomes so severe or pervasive that it interferes with an employee’s ability to do their job or creates an intimidating, hostile, or offensive work environment. It may be perpetrated by supervisors, coworkers, clients, or even vendors. Unlike quid pro quo harassment, it does not require a tangible employment action.
Examples of conduct that may contribute to a hostile work environment include:
-
- Repeated sexual jokes or innuendos, even if framed as “just kidding.”
- Persistent comments about an employee’s body, clothing, or attractiveness.
- Sharing or displaying sexually explicit images, memes, or messages in the workplace.
- Unwanted physical contact, such as touching, rubbing, or brushing up against someone.
- Staring or leering in a sexually suggestive way.
- Making demeaning comments about a person’s gender, sexual orientation, or gender identity.
- Spreading sexual rumors or making offensive remarks about someone’s private life.
- Sending unwanted romantic or sexual messages via email, text, or internal chat platforms.
- Repeatedly asking someone out after they’ve made it clear they are not interested.
Example: A male employee regularly comments on his female coworker’s clothing, makes jokes about her sex life during team meetings, and once attempted to massage her shoulders without consent. Although each incident alone might not seem extreme, taken together and occurring over time, this pattern of behavior may constitute a hostile work environment.
To understand how courts decide when harassment becomes legally actionable, read my analysis Severe Versus Pervasive Sexual Harassment in California.
I’ve helped many California employees who were facing sexual harassment at work. If you’re in this situation, contact me at 916-758-8058 at the Ruggles Law Firm for a confidential evaluation of your potential case.
What Doesn’t Qualify as Sexual Harassment Under California Law
Not all inappropriate or unpleasant workplace behavior qualifies as sexual harassment under California law. For conduct to rise to the level of unlawful harassment, it must be based on sex or gender and be either severe or pervasive enough to alter the terms and conditions of employment.
Isolated or minor incidents such as a one-time offhand comment, a single inappropriate joke, or an awkward remark generally do not meet the legal threshold. Similarly, having a rude, demanding, or abrasive boss does not, by itself, constitute sexual harassment. Unless the behavior is specifically tied to sex, gender, or sexual conduct, it will likely be viewed as non-actionable under the law.
Examples of Inappropriate Conduct That May Not Be Illegal
Examples of conduct that is likely not sexual harassment:
- A manager who frequently yells at all employees, regardless of gender
- A coworker who is generally sarcastic or dismissive but does not make sexually charged comments
- Being excluded from meetings or projects without any connection to sex or gender
- A tense or competitive work environment caused by high performance expectations
How California Employees Should Respond to Sexual Harassment
Step #1: Document and Preserve Evidence of Sexual Harassment
Start by documenting every incident you believe constitutes sexual harassment. Write down exactly what was said or done, who was involved, the date, time, and location, and whether anyone witnessed the behavior. Use clear, factual language and avoid generalizations. Your timeline should be as detailed and chronological as possible.
In addition to your timeline, preserve every piece of evidence including emails, text messages, internal chat logs, photos, or screenshots. Keep your own contemporaneous notes summarizing what happened after each incident, ideally written the same day. These notes can significantly strengthen your credibility if the issue escalates.
Important: California law prohibits recording a conversation without the consent of all parties involved. Do not record any conversations unless you have prior written or verbal consent from everyone participating.
Example Entry:
“On March 3, 2024, during a staff meeting, my supervisor, John Smith, said, ‘You’d get more clients if you wore tighter skirts,’ in front of the entire team. Jane Doe and Michael Lee were present. Both looked visibly uncomfortable.”
If you want a deeper look at how to gather the right kind of evidence and build a strong record, read my blog How to Document and Prove Sexual Harassment in California.
Step #2: Identify Everyone Involved and Witnesses
Create a list of all individuals connected to the incidents. This includes the person engaging in the misconduct, any witnesses, supervisors, coworkers, and HR representatives. For each person, note their job title, reporting relationship (e.g., whether they supervise you or are supervised by the harasser), and any details that may affect their credibility, such as whether they were present for relevant events or have a history of similar complaints.
Example:
- John Smith – Sales Manager (my direct supervisor and the alleged harasser)
- Jane Doe – Coworker, same level; was present at multiple meetings where inappropriate comments were made
- Michael Lee – HR Manager; received my initial verbal report
- Susan Alvarez – Senior Vice President of Sales; oversees both me and John Smith
Step #3: Review Your Company’s Anti-Harassment Policy
Locate and carefully read your company’s employee handbook. Most policies prohibiting harassment are found near the beginning, often under sections titled “Equal Employment Opportunity,” “Workplace Conduct,” or “Anti-Harassment Policy.” Pay close attention to how the company defines harassment, what conduct is prohibited, and most importantly, what procedures you are expected to follow when reporting misconduct.
Many employees are unsure whether misconduct at work parties or company outings is still covered under California law. To understand how those situations are treated, read my blog Workplace Events and Sexual Harassment in California.
Step #4: Address the Sexual Harasser Directly (If Safe to Do So)
Before reporting the conduct to HR, make a respectful and professional attempt to address the issue directly with the person involved. If you feel safe doing so, speak to them in person or over the phone in a calm, businesslike tone. The purpose is to let them know their behavior is unwelcome and ask them to stop.
After the conversation, send a short follow-up email to confirm what was discussed. This creates a written record of your objection and shows that you took reasonable steps to resolve the issue informally, as most harassment policies require.
Your message should:
- Clearly identify the specific conduct
- Politely ask the person to stop
- Reference the company’s anti-harassment policy
Avoid labeling the behavior as “sexual harassment” or assigning bad intent. Stay focused on the conduct, not the person’s character. Do not threaten to report them. Simply referencing the company’s policy sends that message professionally.
Example of a verbal conversation:
“Hi Alex, I wanted to bring something to your attention. The comment you made yesterday about how I looked in my outfit made me uncomfortable. I’d appreciate it if you didn’t make personal remarks like that going forward. I know the company encourages a respectful workplace, and I’m just trying to maintain that.”
Example follow-up email:
Subject: Follow-Up on Our Conversation
Hi Alex,
I just wanted to follow up on our brief conversation earlier. As I mentioned, I was uncomfortable with your comment during yesterday’s team meeting. I’m asking that you please refrain from making personal remarks going forward. The company’s policy encourages a respectful and professional environment, and I appreciate your understanding.
Thank you
Before you take your next step, you may want to read my post Mistakes Employees Make When Reporting Sexual Harassment so you can avoid the missteps that often weaken legitimate claims.
Step #5: File a Written Sexual Harassment Complaint With HR
If the behavior continues after your direct request to stop, you must file a written complaint with HR, following the procedures set out in the handbook.
Once you’ve reviewed the policies, determine who is responsible for receiving internal complaints. Prepare your written complaint carefully. It should:
- Include dates, facts, and specific examples of misconduct.
- Focus on how the conduct violates the company’s internal harassment policy.
- Avoid citing legal violations. Focus on company rules.
- Be dated and signed.
- If possible, include a deadline for the company to respond.
Most companies are legally obligated to investigate all good-faith internal complaints that allege violations of their own anti-harassment policies.
If you’ve already reported the problem and HR has done little or nothing, read my article What if HR Ignores Your Sexual Harassment Complaint in California to learn what options you still have.
Step #6: Cooperate in the Sexual Harassment Internal Investigation
Once the company begins its investigation, you must fully cooperate. This may involve participating in multiple interviews and sharing documents. Keeping detailed notes up to this point will make your participation more accurate and effective.
Step #7: Provide Requested Records and Keep Copies
If the company asks for documents or other information, provide them as requested. Keep copies of everything you submit. Do not alter original documents. PDF format is preferred to preserve the integrity of your records.
Step #8: Understand the Outcome and Next Steps
At the conclusion of the investigation, the company is required to provide you with a summary of findings and explain what action, if any, was taken to remediate the harassment. This means they must inform you what was done to correct the problem. However, you are not entitled to view the entire investigation file, notes, or internal records unless those materials are subpoenaed in a future lawsuit.
Step #9: Contact a California Employment Lawyer if HR Fails to Act
If the company’s response to your sexual harassment complaint is inadequate, if the harassment continues, or if you feel that your concerns weren’t taken seriously, it’s time to consult an employment lawyer. Not just any lawyer will do. Responding to sexual harassment cases in California involves complex legal standards under California law, strict filing deadlines, and detailed procedural requirements. An employment lawyer understands how to navigate these issues, identify employer violations, and build a strong legal strategy based on your specific circumstances.
Filing a Sexual Harassment Claim in California
If, after making a real and sustained effort to hire an attorney, you are unable to retain counsel, you may file a harassment claim with the California Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing). The statute of limitations is three years from the date of the last incident of harassment. However, waiting too long can weaken your case, even if you’re technically within the deadline.
Important: Do not file your claim with the EEOC. Federal law (Title VII) is far more limited in scope and remedies than California’s Fair Employment and Housing Act (FEHA).
If you’re facing sexual harassment at work, know that you’re not alone and you don’t have to navigate this process without support. Taking smart, strategic steps from the beginning can make all the difference in protecting your rights and building a strong case.
If you’re worried about whether speaking up could affect your job or reputation, read my piece Does Reporting Sexual Harassment Hurt Your Career? for an honest look at what really happens in practice.
FREQENTLY ASKED QUESTIONS ABOUT RESPONDING TO SEXUAL HARASSMENT AT WORK
Can I respond to sexual harassment in California if the person harassing me is not my supervisor?
Yes. While quid pro quo harassment requires a superior–subordinate relationship, hostile work environment harassment can be committed by anyone in the workplace i.e. coworkers, clients, or third parties so long as the conduct is severe or pervasive enough to affect your working conditions.
How should I respond to sexual harassment in California if I don’t feel safe confronting the person directly?
If you don’t feel comfortable or safe confronting the person harassing you, skip the direct conversation and go straight to HR or management. California law protects employees who report sexual harassment in good faith, even if the accused is a coworker or a high-level manager. Document everything in writing, including dates, names, and specific examples of misconduct.
When I respond to sexual harassment at work, what should I include in my written complaint to HR?
Focus on facts, not emotions. List the specific conduct, dates of incidents, and how the behavior violates your company’s harassment policy. Avoid quoting laws because your goal is to show clear policy violations. Include your signature, the date, and a reasonable deadline for HR to respond.
What if I’ve responded to sexual harassment in California and HR doesn’t take action?
If you’ve reported sexual harassment and your employer fails to act, or if the harassment continues, you should contact a California employment lawyer. An experienced attorney can help you understand your legal options under the Fair Employment and Housing Act (FEHA). If you cannot retain counsel after a good-faith effort, you may file a complaint with the California Civil Rights Department (CRD).
How long do I have to respond to sexual harassment in California by filing a legal claim?
You have three years from the date of the last incident to file a sexual harassment claim with the CRD. Even though that seems like a long time, waiting too long can weaken your case. Memories fade, witnesses move on, and key evidence can be lost. It’s best to act promptly once the behavior becomes clear.
Should I respond to sexual harassment in California by filing with the EEOC or the California Civil Rights Department?
In nearly every case, filing with the California Civil Rights Department (CRD) is the stronger choice. The CRD enforces California’s Fair Employment and Housing Act (FEHA), which provides broader protections and greater remedies than federal law under Title VII, enforced by the EEOC.
Conclusion: Protecting Your Rights Under California’s Sexual Harassment Laws
Sexual harassment in the workplace is a serious issue and no one should have to endure it in silence. While many companies have policies prohibiting harassment, enforcement is often inconsistent, especially when high-level employees are involved. Taking proactive, thoughtful steps such as documenting the conduct, reviewing internal policies, and following the correct reporting procedures can make a significant difference in protecting your rights.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
