Workplace sexual harassment creates a hostile, demeaning environment that affects your career, health, and well-being. If you experience unwanted sexual advances, requests for sexual favors, or sexually derogatory comments at work, you have legal rights under California law. Dordick Law represents employees throughout Southern California who face workplace sexual harassment. We handle your case on a contingency basis—you pay nothing unless we recover compensation for you. Contact our team of experienced sexual harassment attorneys today for a free consultation.
What Constitutes Workplace Sexual Harassment
California law prohibits sexual harassment under the Fair Employment and Housing Act (FEHA). Sexual harassment includes unwelcome conduct of a sexual nature that affects employment decisions or creates an intimidating, hostile, or offensive work environment. Understanding the different types of harassment helps you recognize when your rights have been violated.
The law recognizes three primary forms of sexual harassment:
Quid Pro Quo Harassment occurs when a supervisor or manager conditions employment benefits on sexual favors. These benefits include hiring, promotion, raises, or continued employment. This form of harassment creates an explicit power dynamic. Rejecting sexual advances results in adverse employment consequences. Under California Government Code Section 12940(j)(1), employers bear strict liability for quid pro quo harassment by supervisors, regardless of whether the employer knew about the conduct. This strict liability standard means you do not need to prove the employer’s knowledge to hold them accountable. If you’re experiencing this type of harassment, our employment law team can help you pursue justice.
Hostile Work Environment Harassment happens when coworkers or supervisors engage in pervasive, unwelcome sexual conduct. This conduct interferes with your work performance or creates an intimidating, offensive atmosphere. It includes repeated sexual comments, jokes, touching, or displays of sexual material that a reasonable person would find offensive. California courts apply a totality-of-circumstances test to determine whether conduct creates a hostile work environment. They consider the frequency, severity, and nature of the unwelcome conduct. If you’re experiencing this type of harassment, our employment law team can help you document and address it. We have successfully represented clients in Los Angeles, San Diego, Riverside, and Beverly Hills.
Retaliation occurs when your employer punishes you for reporting sexual harassment. This also includes filing a complaint with the California Civil Rights Department (CRD, formerly DFEH) or participating in an investigation. Retaliation is illegal even if the original harassment claim is ultimately unproven. Protected activities include internal complaints, CRD filings, EEOC filings, and participation in workplace investigations. If you face retaliation for reporting harassment, Dordick Law’s employment law team can help you pursue a retaliation claim alongside your harassment case. Retaliation damages can be substantial and often provide significant additional compensation beyond the underlying harassment claim.
Your Rights Under California Employment Law
California provides strong protections against sexual harassment through the Fair Employment and Housing Act (FEHA) and federal Title VII of the Civil Rights Act.
Statute of Limitations: Assembly Bill 9, effective January 1, 2020, extended the filing deadline for sexual harassment claims from one year to three years. This gives you more time to file a complaint with the California Civil Rights Department (CRD) or pursue litigation. The three-year period runs from the date of the most recent harassment, not from the date the harassment began. This extended timeline provides crucial protection for employees who may need time to process their experiences before taking legal action.
CRD and EEOC Filing: Before filing a lawsuit, you typically must file an administrative complaint with the California Civil Rights Department (CRD) or the EEOC. You may request an immediate right-to-sue letter without waiting for the investigation to be completed. These agencies investigate your claim and attempt to resolve the dispute through investigation and resolution efforts. If the agency cannot resolve your claim, it issues a right-to-sue letter, which allows you to proceed with a civil lawsuit in court. You must file your lawsuit within one year of receiving a right-to-sue letter from the CRD; if you receive one from the federal EEOC, you have 90 days to file a federal lawsuit. We handle the administrative filing process for you and ensure all deadlines are met.
Employer Liability: California law holds employers liable for sexual harassment by supervisors and managers, regardless of whether the employer knew about the conduct. Employers are also liable for harassment by coworkers if the employer knew or should have known about the harassment and failed to take prompt corrective action. This strict liability standard protects employees and incentivizes employers to maintain harassment-free workplaces. Our attorneys have extensive experience holding employers accountable for these violations.
Retaliation Protection: California law prohibits employers from retaliating against employees who report sexual harassment, file complaints with the CRD or EEOC, or participate in investigations. Retaliation includes termination, demotion, reduced hours, negative performance reviews, or any other adverse employment action. Retaliation claims often provide significant damages in addition to the underlying harassment claim. If you’ve experienced retaliation, we can help you pursue wrongful termination claims.
How Dordick Law Handles Workplace Sexual Harassment Cases
Our approach to sexual harassment representation includes thorough case evaluation, strategic investigation, and aggressive advocacy on your behalf.
Case Evaluation: We begin by listening to your experience and gathering details about the harassment, your reporting efforts, and your employer’s response. We evaluate the strength of your claim under California FEHA and federal Title VII of the Civil Rights Act. We explain your legal options, including internal complaints, CRD filing, EEOC filing, and litigation. We assess potential damages and the likelihood of recovery. Our attorneys bring decades of combined experience to every case.
Investigation and Evidence Gathering: We collect emails, text messages, performance reviews, and witness statements that document the harassment and your employer’s knowledge of it. We identify witnesses who can corroborate your account. We review your employer’s anti-harassment policies and investigate whether the company failed to prevent or remedy the harassment. We examine your personnel file for evidence of retaliation or adverse employment actions. This thorough investigation is critical to building a strong case.
Negotiation and Litigation: We negotiate with your employer’s counsel and insurance carrier to reach a fair settlement. If settlement discussions fail, we prepare your case for trial. We represent you throughout the litigation process, from discovery through trial, ensuring your rights are protected at every stage. Our litigation experience includes depositions, motions practice, and courtroom advocacy. We have secured significant case results for our clients.
We also handle related employment law claims, including wrongful termination, retaliation claims, and discrimination based on protected characteristics.
Damages and Compensation Available
Sexual harassment settlements and judgments compensate you for the harm you suffered. Damages may include:
Back Pay and Front Pay: We recover compensation for lost wages from the date of harassment through settlement or judgment. We also pursue future lost earnings if the harassment forced you to leave your job or accept lower-paying employment. Back pay includes salary, bonuses, benefits, and other compensation you would have earned. Our case results demonstrate our success in recovering substantial back pay awards.
Emotional Distress Damages: You receive compensation for anxiety, depression, humiliation, and other emotional harm caused by the harassment. These damages recognize the psychological impact of a hostile work environment. California courts recognize that sexual harassment causes significant emotional injury beyond lost wages.
Punitive Damages: In cases involving egregious conduct, courts may award punitive damages to punish the employer and deter future harassment. Punitive damages apply when the employer’s conduct was malicious, oppressive, or reckless. California law does not impose a statutory cap on punitive damages amounts, though courts review awards for reasonableness under constitutional standards.
Attorney’s Fees and Costs: Under California Government Code Section 12965, prevailing employees recover attorney’s fees and litigation costs from the employer. This means you do not pay for legal representation out of your recovery. This provision ensures that financial constraints do not prevent you from pursuing justice.
Settlement amounts vary based on the severity and duration of harassment, the employer’s response, your lost wages, and the strength of your evidence. We evaluate your case individually and pursue the maximum compensation available. View our case results and settlements to see the verdicts we’ve secured for clients throughout Southern California.
Retaliation Protection and Your Rights
Retaliation claims follow a specific legal framework. To establish retaliation, you must demonstrate that: (1) you engaged in a protected activity; (2) your employer knew about the protected activity; (3) you suffered an adverse employment action; and (4) the protected activity was a substantial motivating factor in the adverse action.
Temporal proximity—the closeness in time between your protected activity and the termination—often provides strong evidence of retaliation. If you were fired shortly after reporting a violation or requesting an accommodation, the timing suggests retaliation was the motivating factor. We have successfully pursued retaliation claims that resulted in substantial recoveries for our clients.
Protected Activities Include:
- Reporting harassment to HR or management
- Filing complaints with the CRD or EEOC
- Participating in workplace investigations
- Requesting reasonable accommodations
- Refusing to participate in illegal conduct
- Serving on jury duty
- Taking protected leave
Document all communications and performance evaluations carefully. Report concerns through proper company channels when possible, creating a paper trail. Consult with an employment attorney to understand your protections and develop a strategy. California law prohibits retaliation against employees who report illegal conduct or engage in protected activities, even before termination occurs.
Frequently Asked Questions About Workplace Sexual Harassment
How long do I have to file a sexual harassment claim in California?
Under Assembly Bill 9 (AB 9), effective January 1, 2020, you have three years from the date of discovery of the harassment to file an administrative complaint with the California Civil Rights Department (CRD) or the EEOC. This extended deadline from the previous one-year limit, giving employees more time to come forward. However, we recommend filing as soon as possible to preserve evidence and witness testimony.
Can I sue my employer directly for sexual harassment?
Yes. California employers are liable for sexual harassment by supervisors and managers, regardless of whether the employer knew about the conduct. Employers are also liable for harassment by coworkers if the employer knew or should have known about the harassment and failed to take prompt corrective action. You must first file an administrative complaint with the CRD or EEOC to exhaust remedies before filing a civil lawsuit. Our employment law attorneys can guide you through this process.
What if my employer retaliates against me for reporting harassment?
California law prohibits retaliation. If you face adverse employment action after reporting harassment—such as termination, demotion, reduced hours, or negative performance reviews—you may have a separate retaliation claim. Retaliation claims often provide significant damages in addition to the underlying harassment claim. We have successfully pursued wrongful termination and retaliation claims for our clients.
Do I need to report harassment to HR first?
While reporting to HR is recommended for documentation purposes, it is not required to file a legal claim. You can proceed directly to the CRD or EEOC. However, internal reporting creates a paper trail and demonstrates that you took steps to address the harassment, which can strengthen your case.
What damages can I recover in a sexual harassment case?
Potential damages include back pay (lost wages from the date of harassment), front pay (future lost earnings), emotional distress and pain and suffering, punitive damages for egregious conduct, and attorneys’ fees and costs. The specific damages available depend on the circumstances of your case and the strength of your evidence. Our case results showcase the substantial recoveries we’ve obtained for clients.
Will my case go to trial?
Most sexual harassment cases settle before trial, but we prepare every case for trial. Your attorney will advise on the best strategy based on the evidence, your employer’s position, and your goals. We are prepared to litigate aggressively if settlement negotiations do not result in fair compensation.
How much does it cost to hire Dordick Law?
We work on a contingency fee basis—you pay nothing upfront. We only recover attorney fees if we win your case or reach a settlement. This arrangement ensures that financial constraints do not prevent you from accessing quality legal representation.
What should I do if I’m currently being harassed?
Document incidents with dates, times, witnesses, and details. Report to HR or management if safe to do so. Preserve all communications (emails, texts, messages). Contact Dordick Law immediately for legal guidance. The sooner you consult with an attorney, the better we can protect your rights and preserve evidence.
Contact Dordick Law for Your Free Consultation
You do not have to tolerate sexual harassment at work. Dordick Law represents employees throughout Southern California who face workplace sexual harassment. We offer a free, confidential consultation to discuss your case. We work on a contingency basis—no recovery, no fee.
Contact us today to speak with an experienced sexual harassment attorney. Our team is ready to listen to your story, evaluate your claim, and explain your legal options. We handle all aspects of your case—from initial investigation through settlement negotiation or trial—allowing you to focus on your well-being and recovery. Our client testimonials reflect our commitment to excellence and client satisfaction.
Phone: (310) 551-0949
Contact Form: [contact form link]
Service Area: Southern California
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