Sexual Harassment at Work? Kingsley Szamet Employment Lawyers Explains Your California Rights

Sexual harassment remains one of the most common workplace issues reported by employees across California. Although state and federal laws provide significant protections, many workers are unsure what behavior crosses the legal line, what evidence they should preserve, or what steps they should take before reporting misconduct.

According to California employment attorneys at Kingsley Szamet Employment Lawyers, employees often wait too long to seek legal advice because they mistakenly believe harassment must involve physical touching or repeated sexual advances. In reality, California law recognizes many different forms of unlawful workplace harassment.

California Provides Broad Protections for Employees

California offers some of the strongest workplace harassment protections in the country through the state’s Fair Employment and Housing Act (FEHA). The law generally prohibits employers from allowing harassment based on sex, gender, pregnancy, gender identity, gender expression, sexual orientation, and other protected characteristics.

Employers also have a legal duty to take reasonable steps to prevent harassment from occurring in the workplace. When they fail to do so, they may be held liable for the resulting harm.

What Counts as Sexual Harassment?

Many employees assume harassment only involves explicit sexual propositions. Employment attorneys say the law is much broader.

Examples may include:

• Unwanted sexual comments or jokes
• Repeated requests for dates after rejection
• Inappropriate touching
• Displaying sexually explicit images
• Offensive emails or text messages
• Sexual comments about someone’s appearance
• Quid pro quo harassment, where employment benefits are conditioned on sexual favors
• Creating a hostile work environment through repeated inappropriate conduct

Not every offensive comment violates the law. Generally, conduct must be severe or pervasive enough to alter the conditions of employment or create an abusive working environment.

Harassment Can Come From More Than a Supervisor

One common misconception is that only managers can commit workplace harassment.

California law may also protect employees who experience harassment from:

• Coworkers
• Customers
• Clients
• Vendors
• Independent contractors
• Other third parties

If an employer knows—or reasonably should know—that harassment is occurring and fails to take prompt corrective action, it may face legal liability.

Retaliation Is Also Illegal

Many employees remain silent because they fear losing their jobs.

California law prohibits employers from retaliating against workers who:

• Report sexual harassment
• Participate in an investigation
• Serve as a witness
• Oppose unlawful workplace practices
• File a complaint with a government agency

Retaliation can include termination, demotion, reduced hours, undesirable assignments, disciplinary actions, or other adverse employment decisions tied to protected activity.

What Employees Should Do

Employment attorneys generally recommend documenting incidents as soon as possible.

Helpful evidence may include:

• Emails
• Text messages
• Slack or Teams messages
• Photographs
• Written notes documenting incidents
• Witness names
• Copies of complaints made to human resources

Employees should also retain performance reviews and other employment records, particularly if they suspect retaliation after reporting misconduct.

Do You Have to Report Harassment Internally?

Many employers maintain written harassment policies that encourage employees to report concerns through human resources or management.

However, every situation is different. Some employees reasonably fear retaliation or believe reporting internally will not resolve the problem.

Because legal deadlines vary depending on the circumstances, employment attorneys often recommend consulting an attorney early to better understand available options before making important decisions.

Potential Compensation

When sexual harassment claims are successful, damages may include:

• Lost wages
• Lost future earnings
• Emotional distress damages
• Medical or psychological treatment expenses
• Attorney’s fees
• Punitive damages in appropriate cases

The amount of compensation depends on the specific facts of each case, including the severity of the misconduct and the losses suffered by the employee.

About Kingsley Szamet Employment Lawyers

Based in Encino, Kingsley Szamet Employment Lawyers represents employees throughout California in workplace disputes involving sexual harassment, wrongful termination, discrimination, retaliation, wage-and-hour violations, and employment class actions. The firm has practiced employment law since 1997 and reports recovering more than $300 million for California workers. It offers free consultations and represents clients on a contingency-fee basis.