Most people searching for how to file a harassment claim are not looking for legal theory. They want to know where the paperwork goes, how long they have, and what happens to their job after they file.
This FAQ answers the questions California employees ask most often. Every answer is grounded in the California Fair Employment and Housing Act (FEHA), Government Code § 12940, and the agency procedures currently in effect.
What counts as harassment under California law?
Before you work out how to file a harassment claim, confirm the conduct is legally covered. Harassment is unwelcome conduct based on a protected characteristic, including sex, gender identity, race, religion, national origin, age, disability, sexual orientation, and several others. The conduct must be severe or pervasive enough to alter the conditions of your employment.
Two points employees routinely miss:
- A rude, demanding, or unfair boss is not automatically unlawful. The conduct has to connect to a protected characteristic.
- Under Government Code § 12923, California courts are directed to apply FEHA broadly. A single serious incident can be enough. You do not need a pattern spanning months.
FEHA’s harassment provisions apply to employers of every size, including a workplace with one employee. Discrimination claims generally require five or more employees.
How to file a harassment claim in California: the short version
Here is the sequence, in order:
- Report the conduct internally, in writing, through your employer’s complaint process.
- File an administrative complaint with the California Civil Rights Department (CRD), formerly the DFEH, or with the EEOC.
- Obtain a right-to-sue notice.
- File a civil lawsuit within the deadline attached to that notice.
Step two is not optional. FEHA requires administrative exhaustion, which means you cannot file a harassment lawsuit in court until an agency has issued your right-to-sue notice. Anyone researching how to file a harassment claim should treat this as the load-bearing step.
Do I file with the CRD or the EEOC?
Either. Choosing the agency is a real decision point in how to file a harassment claim, but it is not a trap. The two agencies have a work-sharing agreement, so filing with one generally cross-files with the other automatically.
Most California employees file with the CRD because state law is broader. FEHA covers smaller employers, protects more categories, allows uncapped emotional distress damages, and permits you to name an individual harasser personally under § 12940(j)(3). The CRD’s complaint process page walks through intake online, by phone, or by mail. The EEOC charge process is the federal route and applies to employers with 15 or more employees.
What are the deadlines for filing?
Deadlines are where strong cases die. When people ask how to file a harassment claim, this is the answer that matters most:
| Step | Deadline |
|---|---|
| File with the CRD | 3 years from the last act of harassment |
| File with the EEOC | 300 days from the last act |
| Lawsuit after a CRD right-to-sue notice | 1 year |
| Lawsuit after an EEOC right-to-sue notice | 90 days |
Effective January 1, 2026, SB 477 also requires the CRD to issue a right-to-sue notice no later than one year after an individual complaint is filed, with tolling in certain circumstances.
Calendar every date. The three-year window runs from the most recent incident, not the first one.
What evidence do I need?
Start collecting before you file, not after. Understanding how to file a harassment claim is half the work, and evidence is the other half. Documentation is what separates a claim that settles from a claim that stalls.
Gather:
- A dated incident log. Date, time, location, what was said or done, who witnessed it.
- Written communications. Emails, texts, Slack or Teams messages, performance reviews, schedule changes.
- Your internal complaint and any employer response, including the absence of a response.
- Witness names and contact information, including former coworkers.
- Employment records. Offer letter, handbook, harassment policy, pay records.
Send key documents to a personal email address as you go. Do not remove confidential company property or record conversations without understanding California’s two-party consent rule. If you have not written your internal complaint yet, our workplace harassment complaint letter template shows the structure and the sample language to use.
Do I have to report to HR first?
Not legally, but it usually strengthens your position. An internal written complaint creates a dated record, puts the employer on notice, and triggers the employer’s duty under § 12940(k) to take reasonable steps to prevent and correct harassment. It also converts you into someone engaged in protected activity, which is the foundation of a retaliation claim if your employer responds badly.
For that reason, the internal report belongs in almost every plan for how to file a harassment claim. If HR is the problem, or the harasser is an owner, you can go straight to the agency.
Can my employer fire me for filing?
Not lawfully. Government Code § 12940(h) makes it an unlawful employment practice to discharge or otherwise discriminate against someone because they complained, filed a charge, testified, or assisted in a proceeding.
Retaliation can also look like a demotion, a schedule cut, exclusion from meetings, a sudden negative review, or a transfer. If any adverse action follows your complaint, document the timing precisely. Proximity in time is evidence. Our page on workplace sexual harassment explains employer liability and retaliation protections in more detail.
I am an at-will employee. Does that mean I have no claim?
No. At-will employment means either side can end the relationship without cause. It does not mean an employer can end it for an unlawful reason.
In Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, the California Supreme Court confirmed the at-will presumption and held that the implied covenant of good faith and fair dealing cannot create contract rights beyond what the parties actually agreed to. That ruling addresses contract claims. FEHA claims are statutory and sit outside it entirely. Your at-will status has no effect on a harassment or retaliation claim.
What happens after I file?
The CRD reviews your complaint and decides whether to investigate, offer mediation, or issue a right-to-sue notice. Investigations can take months. If you are working with an attorney and intend to go to court, you can request an immediate right-to-sue notice and proceed directly to litigation.
Available remedies under FEHA include lost wages, emotional distress damages, attorney’s fees, and in some cases punitive damages.
Do I need a lawyer to file?
You can file with the CRD yourself. Knowing how to file a harassment claim is a procedural question. Deciding what to allege, when to file, and whether to request an immediate right-to-sue notice is a strategic one, and how a complaint is framed shapes what gets investigated and which claims survive later.
If you are dealing with workplace harassment or retaliation in California, you can contact Nabati Law to discuss your options in a confidential consultation.
This article is general information about California law and is not legal advice. Deadlines and outcomes depend on the facts of your situation.
