Sexual Harassment Attorneys in California
Reach Out to Goyette, Ruano + Ulmer
Sexual harassment is unlawful under both California and federal law. Whether it involved a supervisor, a coworker, or a third party at your worksite, you have the right to a workplace free from harassment based on sex. If that right was violated and your employer failed to prevent it or respond appropriately to your complaint, you may have a significant legal claim.
Goyette, Ruano + Ulmer handles sexual harassment cases with professionalism and discretion. We evaluate the conduct, assess the employer's response, and pursue the accountability and compensation you deserve.
Two Types of Sexual Harassment Under California Law
Quid Pro Quo Harassment: This type of harassment occurs when a person in a position of authority conditions an employment benefit, such as a raise, a promotion, or continued employment, on submitting to unwelcome sexual conduct. Even a single incident can support a quid pro quo harassment claim.
Hostile Work Environment: A hostile work environment claim arises when unwelcome conduct based on sex is severe or pervasive enough to alter the conditions of employment and create an abusive or intimidating workplace. This conduct may include repeated offensive comments, unwanted physical contact, sexually explicit materials, unwanted advances, or conduct that systematically demeans employees based on their gender.
Both forms of harassment are actionable under California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act.
Who Can Be Held Responsible?
California law places a direct obligation on employers to prevent and correct sexual harassment in the workplace. An employer may be held liable for:
- Harassment by a supervisor, even when the employer had no prior notice of the conduct
- Harassment by a coworker or non-supervisory employee when the employer knew or should have known and failed to take corrective action
- Harassment by a client, customer, or contractor in certain circumstances
Employers who fail to maintain written harassment policies, neglect required harassment prevention training, or disregard employee complaints face serious legal exposure under California law.
What Happens After You Report Harassment?
California employers with five or more employees are required by law to take all reasonable steps to prevent and promptly correct sexual harassment. When an employee makes a complaint, the employer must investigate and take appropriate remedial action. Failing to investigate or act on a complaint can significantly increase the employer's liability.
Retaliation for reporting harassment is also prohibited by law. If your employment situation changed after you made a complaint, including reassignment, demotion, exclusion from opportunities, or termination, those facts are legally relevant and may support a separate retaliation claim.
Administrative Requirements and Filing Deadlines
Before filing a civil lawsuit for sexual harassment in California, most employees are required to file a complaint with the California Civil Rights Department (CRD). Under FEHA, you typically have three years from the date of the last harassing act to file with the CRD. Missing this deadline can permanently bar your claim, so contacting an attorney promptly is important.
What You May Recover
- Back pay and lost employment benefits
- Compensatory damages for emotional distress and harm to your professional reputation
- Punitive damages when the employer acted with malice or oppression
- Injunctive relief requiring the employer to change its policies or practices
- Attorney's fees and costs
Speak With a California Sexual Harassment Attorney
You should not have to navigate this process alone. Our attorneys handle these matters with the seriousness and discretion they require from the first conversation through final resolution.
Contact Goyette, Ruano + Ulmer to discuss your situation confidentially
It depends on the nature of the conduct. A single incident of quid pro quo harassment can be sufficient. For hostile work environment claims, a single incident generally must be particularly severe, such as a physical assault. A pattern of less severe incidents may collectively meet the threshold even if no single event would on its own. Each case is evaluated based on its specific facts.
No. You are not required to exhaust internal complaint procedures before seeking legal advice or filing a claim. However, whether and how you reported the harassment, and how your employer responded, can affect the employer's potential defenses and the strength of your claim. An attorney can advise you on the best approach given your specific situation.
Yes. Sexual harassment protections apply regardless of the victim's or the harasser's gender. Claims may involve same-sex harassment or harassment by someone of a different gender. What matters is whether the conduct was based on sex and whether it met the legal standard for actionable harassment.
Federal law significantly limits the enforceability of mandatory arbitration agreements for sexual harassment claims. Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employees generally cannot be compelled to arbitrate sexual harassment claims. An attorney should review the specific language of any agreement you signed.
The timeline varies depending on whether the case settles or proceeds to litigation. Cases that settle after the administrative process can resolve in several months to a year. Cases that proceed to a civil lawsuit often take one to three years, depending on the court schedule, the complexity of the facts, and whether appeals follow. An attorney can give you a realistic assessment based on the specifics of your situation.
Yes. You do not need to be currently employed to file a sexual harassment claim. However, the deadline still runs from the date of the last harassing act, not the date your employment ended. Former employees have the same right to file an administrative complaint with the California Civil Rights Department and pursue a civil lawsuit as current employees.