How to File a Sexual Harassment Lawsuit in California

Sexual harassment can make it difficult to feel safe, respected, and productive at work. Fortunately, California provides employees with legal protections and a process for pursuing compensation when workplace harassment causes harm.

Filing a sexual harassment lawsuit in California typically involves documenting the misconduct, reporting it through appropriate channels, filing a complaint with a government agency, obtaining a Right-to-Sue notice, and then pursuing a lawsuit in court if necessary. Our sexual harassment lawyers review each step of filing a lawsuit so that you can protect your rights and avoid mistakes that could affect your claim.

What Qualifies as Sexual Harassment Under California Law?

Sexual harassment is prohibited under the California Fair Employment and Housing Act (GOV § 12940). In general,workplace sexual harassment falls into two categories:

• Quid Pro Quo Harassment: When a supervisor or person in authority uses sexual favors as a condition of employment or promotion.
• Hostile Work Environment Harassment: When unwelcome sexual conduct becomes so severe or pervasive enough that it interferes with an employee’s ability to work, such as offensive comments, inappropriate touching, sexual jokes, and unwanted advances.

Harassment can be committed by anyone in the workplace, including supervisors, coworkers, and even vendors.

What Should You Do Immediately After Experiencing Sexual Harassment?

Taking the right steps early can help preserve important evidence and strengthen a potential claim.

First, create a detailed record of each incident as soon as possible. Include dates, times, locations, what occurred, and the names of any witnesses.

You should also preserve relevant evidence, including:

• Emails
• Text messages
• Chat logs
• Voicemails
• Photographs
• Social media communications
• Written complaints

Keeping a timeline of events can help establish a pattern of misconduct and provide valuable support for your claim.

Second, most employers maintain anti-harassment policies and reporting procedures in the employee handbooks or workplace policies. Review these materials carefully to determine how to report the complaint and who received it. Following procedures will document the harassment and establish that your employer was informed of the problem.

Your employer has a legal obligation to take reasonable steps to prevent and correct workplace harassment. Reporting the sexual harassment creates a record that may become important if litigation becomes necessary later.

Do You Have to File a Government Complaint Before Filing a Sexual Harassment Lawsuit?

Yes. Before filing a sexual harassment lawsuit in court, an employee must file a complaint with the California Civil Rights Department (CRD).

Before a sexual harassment lawsuit can be filed in court, an employee must first go through the CRD process and obtain a Right-to-Sue notice. Once that happens, the case can move from the administrative stage to the courtroom.

How Do You File a Complaint With the California Civil Rights Department?

The CRD provides employees with a formal process for reporting workplace sexual harassment and obtaining authorization to pursue a civil lawsuit.

Submit an Intake Form

The process generally begins by submitting information to the CRD regarding the alleged harassment.

Employees should be prepared to provide details such as:

• The employer’s name
• Dates of the misconduct
• The individuals involved
• A description of the harassment
• Supporting documentation and evidence

Providing accurate and complete information can help move the process forward efficiently.

Request a Right-to-Sue Notice

Many employees choose to obtain an immediate Right-to-Sue notice rather than request a full administrative investigation.

A Right-to-Sue notice authorizes the employee to pursue the matter in court. Once the notice is issued, the employee may move forward with filing a lawsuit, subject to applicable deadlines.

Understand the Investigation Process

In some cases, the CRD may investigate a sexual harassment complaint before taking further action.

During an investigation, the agency may review workplace records, examine relevant communications, speak with witnesses, and gather other evidence related to the allegations. The information collected helps the CRD assess the complaint and determine how the matter should proceed.

Depending on the circumstances, the matter may be resolved through settlement discussions, administrative action, or further legal proceedings.

What Happens After You Receive a Right-to-Sue Notice?

Receiving a Right-to-Sue notice is an important milestone because it allows you to move your sexual harassment claim from the administrative process to the court system. Once the notice is issued, you may file a lawsuit against the employer or other responsible parties, subject to the applicable filing deadline.

After the lawsuit is filed, both sides begin gathering the information needed to support their positions. Employment records, internal communications, company policies, and other relevant evidence may become part of the case. Witnesses may also be asked to provide information about what they saw, heard, or experienced.

Not every sexual harassment lawsuit ends up in a courtroom. Many cases are resolved before trial, whether through direct negotiations or other efforts to reach a resolution.

If the case does not settle, it can continue through the litigation process and eventually be presented to a judge or jury for a decision. How long that takes depends on factors such as the court’s schedule, the amount of evidence involved, and the complexity of the issues being disputed.

What Compensation May Be Available in a California Sexual Harassment Case?

The compensation available in a sexual harassment lawsuit depends on the specific facts of the case.

Potential damages may include:

• Past lost wages
• Future lost earnings
• Lost employment benefits
• Emotional distress damages
• Out-of-pocket expenses
• Damage to professional reputation

In certain circumstances, punitive damages may also be available when the evidence supports such an award.

Every case is unique, and the value of a claim will depend on factors such as the severity of the misconduct, the resulting harm, and the available evidence.

How Long Do You Have to File a Sexual Harassment Lawsuit in California?

California imposes specific deadlines that can significantly affect a claim.

• Filing a complaint: Employees generally have three years to file a complaint with the CRD under GOV § 12960.
• Filing a lawsuit after receiving a Right-to-Sue notice: Employees generally have one year to file a lawsuit in court under GOV § 12965.

Missing these deadlines can jeopardize the ability to pursue compensation. For that reason, it is important to preserve evidence and begin evaluating potential claims as soon as possible.

Speak With a California Sexual Harassment Attorney

If you believe you have experienced workplace sexual harassment, understanding your legal options is an important first step. Evaluating evidence, complying with filing requirements, and meeting statutory deadlines can all play a role in the outcome of a claim.

Triumph Law helps employees navigate the legal process from initial case evaluation through litigation when necessary. With more than 25 years of experience, a trial-ready approach, and contingency-fee representation, our team is prepared to help you explore your options.

Call today for your free consultation.