How to Report Sexual Harassment at Work in California

Legal Guides · Updated October 2026

How do you report sexual harassment at work in California? Document what happened, report it in writing through your employer’s process, and know that you can also go directly to the state. California law protects you from retaliation for speaking up.

On this page: What counts · Employer liability · How to report · Retaliation · Confidentiality · FAQ

What Counts as Sexual Harassment

California’s Fair Employment and Housing Act prohibits sexual harassment at work. It generally takes two forms:

• Quid pro quo harassment: conditioning a job, promotion, schedule or other benefit on submitting to sexual advances, or threatening consequences for refusing.
• Hostile work environment: unwelcome conduct because of sex or gender, such as comments, jokes, touching, sexual images or messages, that is severe or pervasive enough to alter working conditions.

California law makes clear that a single incident can be enough if it is serious, and that harassment does not have to be motivated by sexual desire. Harassment can come from a supervisor, a co-worker, or even a customer or vendor. It applies to employers of every size, and it protects employees, applicants, interns, volunteers and contractors.

When the Employer Is Responsible

• Harassment by a supervisor: the employer is generally strictly liable under California law.
• Harassment by co-workers, customers or others: the employer is liable if it knew or should have known about the conduct and failed to take immediate and appropriate corrective action.

Employers with five or more employees must also train supervisors and employees on preventing harassment and maintain a written policy explaining how to complain. That is one reason reporting matters: it puts the employer on notice.

How to Report Harassment: Step by Step

1. Write it down. Record each incident: date, time, place, what was said or done, and who saw it. Keep notes somewhere that is not on a company device.
2. Save evidence. Keep texts, emails, chat messages and images, and take screenshots of messages that could be deleted.
3. Find your employer’s policy. Your handbook should name who receives complaints, often HR or a designated manager. You can usually go around a supervisor who is the harasser.
4. Report in writing. Send an email or letter describing what happened and asking that it stop. Keep a copy. A written complaint creates a clear record of when the employer was told.
5. Cooperate with the investigation, and keep notes of interviews and of any changes in how you are treated afterward.
6. Report outside the company if needed. You can file a complaint with the California Civil Rights Department (generally within three years) or the federal EEOC (generally within 300 days in California). You do not have to report internally first to file with these agencies.

Retaliation for Reporting Is Illegal

It is illegal to punish someone for reporting harassment, supporting a co-worker’s complaint or participating in an investigation. Being demoted, moved to a worse shift, excluded, written up or fired after a complaint can support a separate retaliation claim, even if the harassment claim itself is disputed. See also our guide Signs of Workplace Retaliation.

You Cannot Be Silenced About Harassment

California limits agreements that hide workplace harassment. Settlement agreements generally cannot prevent disclosure of the facts of a sexual harassment claim that was filed in court or with an agency, and separation agreements cannot stop employees from discussing unlawful acts in the workplace. You can choose to keep your own identity confidential.

When to Talk to a Lawyer

Consider speaking with a lawyer before reporting if the harasser is an owner or senior executive, if you fear retaliation, or if you have already been punished. A lawyer can also help after reporting if the employer did not act. See sexual harassment and hostile work environment, and our deadline guide.

Frequently Asked Questions

Do I have to report harassment to HR before going to the Civil Rights Department?

No. You can file directly with the California Civil Rights Department or the EEOC. Reporting internally is often still helpful because it puts your employer on notice.

Can one incident be sexual harassment?

Yes. California law provides that a single incident can create a hostile work environment if it is serious enough.

What if the person harassing me is my boss?

Report to someone else designated in your company’s policy, such as HR or a higher manager. California employers are generally strictly liable for harassment by supervisors.

How long do I have to file a sexual harassment complaint?

Generally three years to file with the California Civil Rights Department, and 300 days to file with the EEOC for federal claims.

Can my employer fire me for reporting harassment?

No. Retaliation for reporting harassment or participating in an investigation is illegal.

This guide provides general information about California law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its facts, so speak with a lawyer about yours.