Bay Area Sexual Harassment Lawyer

What counts as sexual harassment at work in California?

California’s Fair Employment and Housing Act (FEHA) recognizes two forms of sexual harassment.

• Quid pro quo harassment occurs when a job benefit, such as a hire, raise, promotion, schedule, or continued employment, is conditioned on submitting to sexual advances, or when a person is threatened with a negative consequence for refusing them.
• Hostile work environment harassment occurs when unwelcome conduct because of sex is severe or pervasive enough to alter the conditions of employment.

The conduct can be physical, such as unwanted touching, hugging, or blocking someone’s path; verbal, such as sexual comments, jokes, propositions, or remarks about a person’s body or clothing; or visual and electronic, such as explicit images, texts, emails, or social media messages. It can happen at the office, at off-site work events, or through messages sent outside work hours. These examples are not exhaustive.

California law is more protective than federal law in several respects that often decide these cases:

• A single incident can be enough. One incident of harassing conduct can be sufficient to create a triable claim if it unreasonably interfered with the employee’s work or created a hostile environment (Gov. Code § 12923(b)).
• Comments are not dismissed as “stray remarks.” A discriminatory remark can be relevant evidence even if it was made by someone who was not the decision-maker or was not made in connection with a specific decision (Gov. Code § 12923(c)).
• The harasser need not be motivated by sexual desire. Harassment because of sex includes conduct based on gender, pregnancy, gender identity, gender expression, and sexual orientation, and it includes harassment by someone of the same sex (Gov. Code § 12940(j)(4)(C)).
• Harassment cases are rarely appropriate for summary judgment. Whether a workplace was hostile is usually a question of fact, so these claims are generally decided by a jury rather than dismissed early (Gov. Code § 12923(e)).

Who is responsible for sexual harassment?

FEHA’s harassment provisions apply to employers of every size, including employers with a single employee (Gov. Code § 12940(j)(4)(A)). Who is liable, and on what standard, depends on who did the harassing.

Employers also have an independent duty to take all reasonable steps to prevent harassment (Gov. Code § 12940(k)), and employers with five or more employees must provide sexual harassment prevention training to supervisors and staff (Gov. Code § 12950.1). An employer that ignored complaints, failed to investigate, or kept a known harasser in place can face additional liability.

Can my employer retaliate against me for reporting harassment?

No. California law prohibits an employer from firing, demoting, disciplining, or otherwise punishing an employee because the employee complained about harassment, participated in an investigation, or supported a coworker’s complaint (Gov. Code § 12940(h)). The protection applies even if the employer’s investigation did not substantiate the complaint, as long as the complaint was made in good faith. Retaliation is often the strongest part of a harassment case, because it tends to follow the complaint closely in time. Our article on being fired for reporting harassment or discrimination explains how these claims are proven.

Do I have to go to arbitration if I signed an arbitration agreement?

Often, no. Under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, an employee with a sexual harassment claim can choose to bring the case in court even if the employee signed an arbitration agreement or class action waiver before the dispute arose (9 U.S.C. §§ 401–402). Beginning January 1, 2027, California law applies the same rule to arbitration agreements governed by the California Arbitration Act (Code Civ. Proc. § 1281). Whether the law applies to a particular case depends on the claims and the timing, so have an attorney review the agreement before you respond to any demand for arbitration. Many Bay Area technology employers require arbitration agreements, so this protection often matters here.

Do San Francisco employees have additional protections?

Yes. In addition to state law, San Francisco’s Police Code prohibits employment discrimination, and the city has its own labor ordinances, such as paid sick leave and paid parental leave, that prohibit retaliation against employees who use their rights. These local protections add to California law; they do not replace it. Our Bay Area employment lawyer page describes them in more detail.

What should I do if I am being harassed at work?

1. Keep track of what happened. This includes the dates, what was said or done, who was present, and how you responded.
2. Save what you already have. Save your own texts, emails, and messages that show the harassment or your complaints. Do not take confidential company documents or other employees’ private information.
3. Report it in writing if you can. A written complaint to human resources or a manager creates a record and triggers the employer’s duty to act. Your employer is strictly liable for a supervisor’s harassment even without a complaint, but a written report helps establish what the employer knew and when.
4. Be careful with any agreement your employer asks you to sign. Agreements often include a release of claims, so understand what you are giving up before you sign.
5. Pay attention to deadlines, which are listed below.

What are the deadlines for a sexual harassment claim?

Where harassment continued over time, earlier conduct may still be part of the claim if it was part of the same pattern, but these rules are technical. It is best not to wait.

What compensation is available in a sexual harassment case?

Depending on the facts, recoverable damages can include:

• Lost wages and benefits, past and future, if the harassment led to a termination or demotion
• Emotional distress damages
• Punitive damages where the employer acted with malice, oppression, or fraud (public entities are not liable for punitive damages)
• Attorney’s fees and costs, which FEHA allows a prevailing employee to recover from the employer

Why work with Rise Law Firm, PC?

We represent employees only, and we have represented clients ranging from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We understand that harassment cases are personal, and we handle them with discretion. Most of our work with Bay Area clients happens by phone, and our attorneys appear in person when a court requires it. We work on a contingency basis, so there are no fees or costs unless we recover compensation for you.

Frequently asked questions

For an overview of the cases we handle, see our Bay Area employment lawyer page. If you work in technology, see our tech industry employment lawyer page.