Los Angeles Sexual Harassment FAQ: Your Rights And Legal Options
Despite numerous state and federal laws against it, sexual harassment continues to be pervasive in workplaces in the Los Angeles Metro area and across California. If you have been harassed, you are not alone, and you do not have to tolerate it.
On this page, we have answered some questions you may have about sexual harassment and your rights. After reading, you can contact our experienced attorneys at Makarem & Associates to discuss your legal options during a free initial consultation.
What Qualifies As Workplace Sexual Harassment In California?
Sexual harassment in the workplace falls into two basic categories. The first is quid pro quo harassment, which is when someone in a position of authority requests or demands sexual favors in exchange for a work-related benefit or to prevent a negative employment action.
The other type of harassment is a hostile work environment. It includes a wide range of behaviors like unwelcome sexual advances, offensive remarks about a person’s body, sexual jokes, inappropriate touching, displaying sexually explicit material and other verbal or physical conduct of a sexual nature.
Who Can Be Held Liable For Sexual Harassment At Work?
Under state law, all people responsible for the harassing conduct may be held liable for it. That includes both the individual who harassed you, whether they were your supervisor or not. Your employer can also be held liable for the harassment because they are responsible for the actions of their employees or any agents acting on their behalf.
What Legal Remedies Are Available To Victims?
There are four types of remedies that you can receive if you succeed in a sexual harassment lawsuit. The most common form of damages is monetary damages for the emotional distress that you have suffered. The next most common remedy is rehiring or reinstatement if you were fired and wrongfully terminated from your job. You can also receive lost wages for the time you should have been working if you were wrongfully terminated. Lastly, your employer may be required to change their practices to avoid future incidents of sexual harassment.
How Do I Report Sexual Harassment In The Workplace?
You can report it to a supervisor, human resources or any designated person in your company. It’s a good idea to check your employee handbook for specific procedures. Additionally, you may eventually need to file a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
If you are worried about retaliation or if the person harassing you is high up within the company, you may want to contact an employment law attorney first to discuss how best to proceed.
What Can I Expect After Reporting Sexual Harassment?
After you report sexual harassment, your employer should conduct a prompt and thorough investigation. You have the right to a workplace free from harassment, and your employer must take appropriate action to stop the harassment and prevent it from happening again.
If the problem persists or your employer does not address the situation, your next steps are to contact an attorney and/or file a formal complaint with the DFEH or EEOC. It may be necessary to pursue justice and compensation in a sexual harassment lawsuit.
Can I Be Fired For Reporting Sexual Harassment In California?
No, you cannot be legally fired for reporting sexual harassment. In California, it’s illegal for employers to retaliate against you for filing a complaint or participating in an investigation of sexual harassment. This means they cannot fire, demote, harass or otherwise discriminate against you for standing up against harassment.
Do I Need Proof To Report Harassment?
You do not need proof to report harassment, but without proof, it may be difficult to get your allegations taken seriously. The harasser will almost certainly deny behaving inappropriately and it would simply be your word against theirs.
Before reporting, you should gather any evidence you have to support your claim. This could be emails, text messages, witness statements or any other record of the harassment.
Understanding California Workplace Harassment Laws: 13 Common Questions
California law provides some of the strongest protections in the country against workplace harassment. Still, many employees are unsure what behaviors actually qualify — and what their legal options are when things go wrong. Below, we answer the top questions people ask about workplace harassment in California, based on real legal standards and state-specific rules under the Fair Employment and Housing Act (FEHA).
What Is California’s Workplace Harassment Policy?
California’s workplace harassment policy is governed by FEHA, which prohibits any form of harassment based on protected characteristics, including gender, race, sexual orientation, age, disability, religion, and more.
Employers are required by law to:
- Maintain a written harassment policy
- Distribute it to all employees
- Provide sexual harassment prevention training every 2 years
- Investigate all complaints promptly and thoroughly
Failure to follow these mandates can lead to employer liability in civil lawsuits.
When Does Harassment Qualify As A Legal Charge?
A harassment charge in California may be filed if:
- The conduct was unwelcome
- It was based on a protected characteristic
- It created a hostile, intimidating, or offensive work environment
- It was severe or pervasive enough to affect the conditions of employment
Examples include verbal abuse, slurs, physical intimidation, sexual jokes, or inappropriate advances.
What Are Examples Of Workplace Harassment?
Workplace harassment can be verbal, physical, visual, or digital. Qualifying behaviors include:
- Repeated inappropriate jokes or comments
- Sexual advances or requests for favors
- Derogatory remarks about race, religion, or disability
- Physical threats or contact
- Offensive images or gestures
Even a single incident may qualify if it’s particularly egregious (e.g., sexual assault or violent threats).
Can A Manager Be Personally Liable For Harassment?
Yes. Unlike some other states, California law allows for individual liability under FEHA. A manager or supervisor can be personally sued if they:
- Directly engage in harassing behavior
- Retaliate against an employee for reporting harassment
This liability is separate from the employer’s responsibility.
How Many Text Messages Can Count As Harassment?
There’s no set number. What matters is the nature, content, and persistence of the texts.
One text containing a serious threat or sexually explicit message may be enough. However, courts generally look at:
- Frequency
- Unwanted nature
- Context (e.g., workplace relationship)
- Impact on the recipient
Document every message and notify your employer or HR if it involves a coworker or manager.
How Do I Prove Workplace Harassment In California?
You can prove harassment with:
- Written or digital evidence (emails, texts, chat logs)
- Witness testimony
- Personal documentation (a detailed log of incidents)
- HR reports or formal complaints already filed
The more consistent and specific your documentation, the stronger your claim.
What Makes A Behavior Legally Qualify As Harassment?
Behavior qualifies as harassment when:
- It targets a protected characteristic (e.g., sex, race, disability)
- It’s unwelcome or offensive
- It either creates a hostile environment or is quid pro quo (something for something)
For instance, threatening to fire someone unless they go on a date would be quid pro quo harassment.
What Is The Burden Of Proof In A Harassment Case?
In civil workplace harassment cases:
- The burden of proof is on the plaintiff (employee)
- You must prove your claims by a preponderance of the evidence (i.e., more likely than not)
Evidence can include documents, recordings, eyewitnesses, and patterns of behavior.
Can I Sue For Emotional Distress From Harassment?
Yes. California law allows victims to sue for:
- Compensatory damages (medical bills, lost wages)
- Emotional distress damages
- Punitive damages if the conduct was malicious
Emotional distress claims must show that the harassment had a real psychological or emotional impact — often verified by a therapist or doctor.
What Evidence Helps Prove Harassment?
To establish harassment legally, you must show:
- The conduct was unwelcome
- It was based on a legally protected trait
- It was severe or pervasive enough to interfere with your work
- The employer knew or should have known and didn’t stop it
Screenshots, journal entries, and witness statements are all helpful forms of proof.
What Are Three Common Examples Of Workplace Harassment?
Three common workplace harassment actions include:
- Unwanted physical contact (e.g., touching, brushing, grabbing)
- Offensive jokes or slurs targeting race, gender, or religion
- Sexually suggestive messages or images sent to an employee
All of these are potentially grounds for legal action in California.
How Difficult Is It To Prove Harassment At Work?
It depends on the available evidence and the nature of the behavior. Proving harassment becomes easier when:
- There are multiple incidents or witnesses
- You’ve reported it and received no action
- You have written or digital proof
Even if it’s your word against theirs, credible testimony and emotional impact can support your claim.
Can I Sue A Coworker For Harassment In California?
Yes, you can. In California, harassers can be held individually liable, especially if they:
- Commit physical acts
- Send inappropriate content
- Retaliate or threaten
However, coworker harassment claims often also involve employer liability if the employer failed to prevent or address it.
Final Thoughts
If you are experiencing harassment at work, you are not alone — and you are not powerless. California law gives you the tools to take action, hold perpetrators accountable and protect your dignity. Knowing what qualifies and how to prove it is the first step toward legal justice.
Talk To A Los Angeles Sexual Harassment Attorney Today. Free Consultation.
Based in Los Angeles, Makarem & Associates serves clients throughout the surrounding areas of Southern California. To take advantage of a free and confidential consultation, call us today at 800-610-9646 or reach out online.
