California Sexual Harassment Lawyer

Top California Sexual Harassment Lawyer Ready to Fight for Your Rights
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If you have experienced workplace harassment, you deserve immediate support from a legal team that is dedicated to protecting your well-being and holding the guilty party accountable for their wrongdoing.

At Attorney Jeff, our California sexual harassment lawyers represent victims of workplace mistreatment, never the employers or their insurance companies. Contact us today to schedule a free consultation and discover how we can help with your claim. 

Table of Contents

What Is Considered Sexual Harassment Under California Law?
Who Can Commit Sexual Harassment?
Your Legal Rights in a California Sexual Harassment Case
Signs You Are Being Sexually Harassed at Work
What to Do if You Are Being Sexually Harassed at Work
Damages Available in a California Sexual Harassment Case
How a California Sexual Harassment Lawyer Benefits Your Case

Immediate Help After Sexual Harassment in the Workplace

Nationwide, 43% of men and an astounding 81% of women have reported experiencing some form of sexual harassment and/or assault in their lifetime.

Not only does harassment in the workplace take a serious emotional toll, but it can also mislead victims into feeling trapped in a toxic environment.

Know that you are not alone and you do have options. Our award-winning legal team aggressively represents sexual harassment victims throughout California, fighting to hold employers accountable and secure the compensation they deserve.

To strengthen your sexual harassment claim, here is what you can do right now:

  • Document every incident with dates, times, locations, and exact words or actions
  • Preserve all texts, emails, and screenshots on a personal device or cloud backup
  • Do not confront the harasser alone, as this can escalate the situation
  • Review your employee handbook to understand internal reporting procedures
  • Contact a California sexual harassment lawyer immediately

Attorney Jeff represents sexual harassment victims across California, including Los Angeles, Orange County, the Inland Empire, and the Bay Area. We offer free, confidential consultations and work on a contingency fee basis, meaning no upfront fees and no payment unless you win.

What Is Considered Sexual Harassment Under California Law?

Unwanted sexual advances, offensive behavior of a sexual nature, and gender based harassment all fall within the scope of unlawful sexual harassment under the Fair Employment and Housing Act (FEHA) and the Civil Rights Act.

Unwelcome Conduct of a Sexual Nature

California law defines sexual harassment broadly. It covers employees, applicants, unpaid interns, apprentices, and some independent contractors. Unlawful sexual harassment includes:

  • Unwanted physical contact or groping
  • Unwelcome sexual advances or propositions
  • Requests or demands for sexual favors
  • Verbal abuse and derogatory comments about your body or appearance
  • Sexual gestures, making sexual gestures, or graphic verbal commentaries
  • Posters, verbal conduct, or explicit images displayed in the workplace
  • Sexual texts or DMs sent outside work hours
  • Invitations, physical conduct, and repeated requests for dates after you have said no
  • Inappropriate comments of a sexual nature, whether spoken or written

Sexual Assault and Criminal Conduct

Sexual assault, including coerced sexual contact, attempted rape, and rape, is both a civil and criminal matter. Victims of sexual abuse can file civil lawsuits and criminal complaints for acts that rise to the level of criminal conduct.

Our law firm coordinates with criminal counsel and law enforcement while pursuing civil compensation for sexual abuse victims.

Federal and State Laws

The Civil Rights Act applies to employers with 15 or more employees. California’s Fair Employment and Housing Act applies regardless of employer size, providing broader protections under federal and state laws, with no caps on damages and stronger legal recourse for victims.

Who Can Be a Harasser?

California sexual harassment law includes gender based harassment and same sex harassment regardless of sexual orientation. Such behavior is illegal, regardless of the parties’ relationship. The harasser can be a:

  • Supervisor
  • HR manager
  • Coworker
  • Owner of the company
  • Client
  • Customer
  • Vendor
  • Contractor

Types of Sexual Harassment: Quid Pro Quo vs. Hostile Work Environment

There are various types of sexual harassment that can occur in the workplace. If you believe you have experienced a form of harassment, it is important to seek legal guidance.

Most California sexual harassment cases are categorized into quid pro quo harassment and hostile work environment. Understanding both will help determine the best legal options.

Quid Pro Quo Harassment

Quid pro quo harassment is when a person in authority demands sexual favors in exchange for employment benefits. Sexual favors, making or threatening reprisals for refusing advances, create strict employer liability. Examples include:

  • A manager conditioning a promotion on accepting sexual advances
  • Threatening reprisals or cutting hours for refusing to go on a date
  • Firing someone for rejecting unwelcome sexual advances

Only those with actual or apparent authority, such as supervisors, managers, owners, or decision-makers, can commit quid pro quo harassment under California law. The employment benefit or negative response must be directly tied to the submission or rejection of sexual advances.

Hostile Work Environment

A hostile work environment arises from severe or pervasive conduct that makes the workplace abusive or intimidating. Sexual advances, visual conduct, posters, verbal conduct, invitations, physical conduct, graphic verbal commentaries, and inappropriate comments can all constitute sexual harassment when they are severe or repeated over time. Specific examples include:

  • Propositions, verbal abuse, or derogatory comments directed at an employee
  • Explicit images, posters, or sexual gestures displayed in shared spaces
  • Repeated unwanted physical contact or “accidental” touching

A single extremely serious incident, such as a sexual assault in the office, can create a hostile work environment on its own. Courts apply a reasonable person standard while also considering how the conduct affected the specific victim.

Both federal and state laws protect employees from workplace harassment and other forms of inappropriate conduct. California fair employment law typically offers stronger remedies than federal law alone.

Rights Under The Fair Employment and Housing Act (FEHA)

FEHA applies to all employers in California, regardless of size, unlike federal law, which requires 15 employees. The law prohibits harassment based on race, sex, gender, gender identity, sexual orientation, pregnancy, disability, and related characteristics, covering: 

  • Employees  
  • Applicants 
  • Temps 
  • Interns 
  • Some contractors 

Employers have a legal duty to take all reasonable steps to prevent harassment, discrimination, or retaliation in the workplace, as mandated by California law.

Employers are strictly liable if they fail to take appropriate action to prevent or address sexual harassment. Additionally, employers are required to promptly investigate complaints of sexual harassment and take immediate, appropriate steps to correct any inappropriate behavior.

Filing Deadlines

  • FEHA claims: Three years from the date of the last act to file with the California Civil Rights Department
  • Equal Employment Opportunity Commission: Federal claims generally require filing within 300 days

Our law firm handles all administrative filings, from drafting charges to requesting right-to-sue letters. Contact a sexual harassment attorney even if you think you may be too late, as exceptions exist for ongoing harassment, minors, and delayed discovery.

Signs You Are Being Sexually Harassed at Work

Various forms of harassment often start subtly. Many people who have experienced sexual harassment doubt themselves or worry they are overreacting. Common warning signs include:

Verbal and Written Signs

  • Repeated derogatory comments or verbal abuse about your body or appearance
  • Propositions, verbal abuse in the form of sexual jokes, or inappropriate comments in meetings or messages
  • Pressure to meet outside work to protect your job

Physical Signs

  • Unwanted physical contact or “accidental” touching
  • Sexual gestures or making sexual gestures in your direction
  • Physical conduct that makes you uncomfortable or feel unsafe

Retaliation Signs

  • Being punished after refusing sexual advances
  • Sudden schedule changes following sexual harassment complaints
  • Negative performance reviews after a clean record

Harassment in the workplace can occur in offices, restaurants, factories, medical facilities, schools, and remote workspaces. Both men and women can be sexually harassed, and same-sex harassment is equally illegal under California law. So, don’t doubt yourself if someone is making you feel uncomfortable or if a situation feels off.

What to Do if You Are Being Sexually Harassed at Work

Every situation is different, and your safety comes first. These steps help protect your well-being and prepare you to file a claim in the future, should you choose.

1. Document Everything

Keep a detailed record of each incident. Vital details include dates, times, locations, what was said or done, and names of any witnesses present. Save emails, texts, screenshots, and voicemails to personal devices, not work systems.

2. Communicate That the Conduct Is Unwelcome

When safe to do so, tell the harasser to stop. A firm, professional message, verbal or written, helps establish that the conduct was unwelcome sexual advances and not welcomed in any way. This step is not legally required in cases involving severe physical conduct or sexual assault.

3. Follow Internal Procedures

Report the behavior to HR or a supervisor. Request a copy of your sexual harassment complaints and written confirmation that the company is investigating. California law requires employers to address inappropriate conduct promptly.

4. Watch for Employer Retaliation

Employer retaliation against employees who report sex harassment is illegal. Sudden demotions, pay cuts, wrongful termination, schedule changes, or exclusions from meetings after raising sexual harassment complaints may form a separate legal claim under employment discrimination law.

5. Contact an Experienced Sexual Harassment Attorney Early

Reach out to an experienced sexual harassment attorney before or shortly after filing an internal complaint. We help phrase complaints effectively, preserve evidence, and prepare for possible employer retaliation.

Damages Available in a California Sexual Harassment Case

Compensation in a sexual harassment lawsuit addresses both financial and personal losses. Victims may recover the following compensatory damages under California sexual harassment law.

Economic Damages

  • Back pay for lost wages, overtime, and benefits
  • Front pay for future earnings if you cannot return to the same job
  • Out-of-pocket expenses, including therapy, medications, and medical visits related to sexual abuse or emotional distress

Non-Economic Damages

Compensation in a sexual harassment case is based on the harm the employee suffered. Even when no employment benefit was denied, victims can recover for emotional pain and suffering, distress, anxiety, depression, humiliation, insomnia, PTSD-like symptoms, relationship strain, and loss of enjoyment of life.

Punitive Damages

This may be available in a sexual harassment lawsuit when an employer or manager’s conduct is malicious, oppressive, or shows reckless disregard for the victim’s legal rights under federal and state laws.

What to Be Aware of When it Comes to Wrongful Termination and At-Will Employment

female employee holding box full of belongings after being fired or terminated from her job
California is an at-will state, meaning employers can generally fire employees for any reason. However, this excludes terminations for retaliation due to reporting sexual harassment.

Many victims who have experienced sexual harassment fear speaking up because they worry about losing their jobs. This concern is valid, but it should never prevent you from taking legal action. When it comes to your employment, here is what employers are and are not allowed to do.

At-Will Employment Explained

California is an at-will employment state. Therefore, employers can terminate employees for almost any reason.

However, this does not apply to illegal reasons such as filing sexual harassment complaints, refusing sexual advances, or participating in an investigation.

Such behavior constitutes employment discrimination and is prohibited under both California and federal law. Common forms of employer retaliation include:

  • Wrongful termination following sexual harassment complaints
  • Demotion or reduced hours after refusing sexual favors
  • Undesirable reassignments or exclusion from projects
  • Negative performance reviews after a clean record
  • Increased scrutiny following legal action

Constructive Discharge

Being forced to quit because conditions became intolerable due to ongoing sexual harassment or employer retaliation can be treated similarly to wrongful termination under California law.

Do not resign without speaking to a sexual harassment lawyer first, unless safety demands immediate separation.

Why Choose Attorney Jeff?

Our law firm pursues combined claims for sexual harassment and retaliation, which can increase potential damages in your sexual harassment lawsuit.

Over a Decade of Combined Experience in Employment Law

Our California sexual harassment attorneys have spent over a decade representing victims of sexual harassment in some of the most complex cases in the state. We understand California sexual harassment law inside and out and know what it takes to take on well-resourced employers.

Recovered Millions for Our Clients

We have recovered millions of dollars for victims of workplace sexual harassment throughout California. Our track record of holding employers accountable speaks for itself.

Plaintiff-Only Practice

We only represent employees and individuals harmed by inappropriate conduct, including unwanted sexual advances, sexual assault, and employer retaliation. We never represent employers, corporations, or accused harassers.

Recognized by Top Peers in the Legal Field

Our law firm holds an A+ Rating from the BBB, and Jeff Fayngor, Esq. has been recognized as one of USA Today’s Top 15 Attorneys. Our experienced sexual harassment attorneys also remain current with legislative changes that affect sexual harassment claims and fair employment rights.

Contingency Fee Billing Structure

Our sexual harassment attorney team handles every case on a contingency-fee basis. Clients pay no attorney fees unless we win. There is no financial risk to pursuing legal action and holding employers accountable.

Statewide Coverage

We serve California sexual harassment victims statewide, with offices and virtual consultations available in Los Angeles County, Orange County, Riverside and San Bernardino Counties, San Diego, the Bay Area, and Central California.

Get a Free, Confidential Consultation with Our Award-Winning Law Firm

If you have been sexually harassed, experienced sexual assault, or faced employer retaliation in a California workplace, contact Attorney Jeff today for a confidential consultation. All consultations are free and confidential. Speaking with a sexual harassment lawyer does not obligate you to file a sexual harassment lawsuit.

During your free consultation, we will:

  1. Listen to your story and review available evidence of sexual harassment or physical conduct
  2. Explain your legal rights under California law, federal law, and the Civil Rights Act
  3. Outline your options, including internal sexual harassment complaints, Equal Employment Opportunity Commission filings, settlement negotiations, or litigation

You’re not alone: Jeff’s got you

Contact us even if you are unsure whether unwanted sexual advances or offensive behavior legally constitute sexual harassment. Our experienced sexual harassment attorney team will help you understand whether the conduct violates fair employment protections and federal law.

Practice Areas Our Personal Injury Law Firm Specializes In

We have also assisted satisfied clients in seeking justice and recovering the maximum compensation in the following practice areas: 

Other Locations in California: Orange County, Los Angeles, and More

We understand the importance of convenience, so we have made our law offices accessible throughout Northern and Southern California. Schedule your free consultation at any of our locations when you are ready to discuss your case.

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