Know Your Rights · Sexual Harassment

Your Rights Under FEHA When Sexual Harassment Happens at Work, and When You Can Sue

Harassment can leave people doubting their own judgment. Was it serious enough? Will anyone believe me? Understanding the rights California law gives you is a steadying place to start, whether you work in Los Angeles or anywhere else in the state.

The Rights California Employees Have Under FEHA

FEHA is the backbone of California's workplace protections. When it comes to harassment, it gives you:

• The right to work free from harassment based on sex, gender, pregnancy, sexual orientation, gender identity, and other protected traits
• Protection at workplaces of every size, including small businesses
• Coverage as an employee, applicant, unpaid intern, or volunteer, and in many cases as a contractor
• The right to complain, and to participate in investigations, without retaliation
• The right to file with the Civil Rights Department and, in most cases, to bring a lawsuit

LFECR's glossary defines workplace harassment and explains how it connects to FEHA claims.

Sexual Harassment as a Form of Workplace Harassment Under FEHA

Sexual harassment is one type of harassment FEHA prohibits. It generally appears in one or more of these forms:

See LFECR's glossary entry on sexual harassment in California for a fuller definition.

When Harassment Creates a Hostile Work Environment

Workplace harassment may create a hostile work environment when it is severe or pervasive enough to alter working conditions. California courts consider the whole situation: how often the conduct happened, how serious it was, whether it was threatening or humiliating, and how it affected your ability to work.

California law now recognizes that one sufficiently serious incident can support a harassment claim.

Employees also do not need to prove their work suffered. The question is whether a reasonable person in the same position would find that the harassment made the job more difficult.

Reporting Is Protected Activity

Protected activity includes reporting workplace harassment or discrimination. That covers internal complaints to HR or management, supporting a coworker's complaint, and filing with a government agency. If an employer punishes you for any of these, that retaliation is a separate violation of FEHA. LFECR also handles retaliation cases when reporting leads to discipline, demotion, or termination.

Where Complaints Can Be Filed

After a right-to-sue notice, a FEHA lawsuit generally must be filed within one year. An attorney can help decide which path fits your facts.

What a Claim Can Recover

Depending on the case, remedies may include lost earnings, emotional distress damages, and, in serious cases proven by clear and convincing evidence of malice, oppression, or fraud, punitive damages. Courts can also award attorney's fees to a prevailing employee under FEHA. Every case is different, and no result can be promised.

Why We Refer Readers to LFECR

LA Law Online publishes general educational information about California employment law. This article is not legal advice and does not create an attorney-client relationship. Outcomes depend on specific facts, and filing deadlines apply. If you are in immediate danger, contact emergency services. Consult a qualified California employment attorney about your circumstances.