If you’ve experienced workplace harassment in Los Angeles, knowing how to file a sexual harassment complaint is one of the most important steps you can take to protect yourself. California law gives employees strong protections, but those protections only work if you use them correctly.
This guide walks you through what qualifies as harassment under California law, how to file a complaint, and what to expect at each stage of the process.
What Counts as Sexual Harassment Under California Law
Under the California Fair Employment and Housing Act (FEHA), sexual harassment includes two categories:
Quid pro quo harassment occurs when a supervisor, manager, or employer conditions your job, a promotion, or any employment benefit on tolerating sexual conduct.
Hostile work environment harassment occurs when unwelcome conduct based on sex is severe or pervasive enough to create an intimidating, offensive, or abusive work environment.
This second category is broader than many people realize. It includes:
- Unwanted touching or physical contact
- Sexual comments, jokes, or innuendo
- Displaying sexually explicit images or materials
- Repeated unwanted messages or requests for dates
- Conduct that targets you based on sex, gender identity, or sexual orientation
California does not require the harassment to be sexual in nature. Under FEHA, harassment based on sex — including sexist comments or gender-based belittling — can also form the basis of a hostile work environment claim.
Why Documentation Comes First
Before you file a sexual harassment complaint anywhere, document everything.
This is the single most important thing you can do. Courts and investigators rely heavily on contemporaneous records: notes, emails, screenshots, and logs made at or near the time the conduct occurred.
Here’s what to document:
- Dates and times of each incident
- Exact words used or a description of the conduct
- Names of witnesses who were present
- Your response in the moment (what you said or did)
- Any reports you made to HR or a supervisor, and their response
Keep records somewhere your employer cannot access: a personal email account, a personal device, or a printed log kept at home.
Step 1: File an Internal Complaint
In most cases, your first step is filing a written complaint with your employer’s HR department or a designated supervisor. This accomplishes two things:
- It puts your employer on notice, which triggers their legal obligation to investigate and take corrective action.
- It creates a paper trail that protects you if your employer later retaliates.
California law requires employers with five or more employees to have a written sexual harassment prevention policy and a complaint procedure. If your employer has neither, that is itself relevant to your case.
When filing internally, keep your complaint factual and specific. Include dates, names, and a description of the conduct. Avoid emotional language. State clearly that you believe the conduct violates California’s anti-harassment policies and that you are requesting an investigation.
For guidance on how to structure that letter, Nabati Law’s sexual harassment complaint letter template walks through the exact format and language to use.
Step 2: File a Complaint with the CRD (Formerly DFEH)
If your internal complaint does not resolve the situation, or if you want to preserve your right to sue, your next step is filing a formal complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH).
Why this step matters: Under California law, you generally must file with the CRD before you can file a civil lawsuit for sexual harassment. The CRD will issue you a Right to Sue notice, which opens the door to court.
Filing deadlines: You have three years from the last act of harassment to file a complaint with the CRD. Missing this deadline can permanently bar your claim.
The Los Angeles CRD office serves workers throughout Los Angeles County. You can file online through the CRD’s online intake portal, by mail, or in person.
Once you file, the CRD will notify your employer and may begin an investigation. You can also request an immediate Right to Sue notice if you prefer to pursue litigation without waiting for a CRD investigation to conclude.
Step 3: Understand the Adverse Action Standard
One reason Los Angeles workplace harassment complaints often escalate to litigation is retaliation. Once you file a complaint — internally or with the CRD — you are engaged in protected activity under FEHA. Your employer cannot legally take adverse action against you because of it.
But what counts as an “adverse action”?
A landmark California Supreme Court case settled this question. In Yanowitz v. L’Oreal USA (2005), the court held that an adverse employment action does not need to be a termination or demotion. It can include any action that materially affects the terms, conditions, or privileges of employment, including a pattern of smaller actions that, taken together, constitute retaliation.
This is significant for Los Angeles employees. It means your employer cannot respond to your complaint by:
- Cutting your hours or shifts
- Removing responsibilities or reassigning you to a less desirable role
- Giving you a negative performance review that wasn’t warranted before your complaint
- Excluding you from meetings, communications, or advancement opportunities
- Creating a more hostile environment to pressure you to resign
If any of these things happen after you file a sexual harassment complaint, document them immediately and speak with an LA employment attorney for harassment claims. Retaliation is a separate legal violation — and it carries its own remedies.
Step 4: Know Your Options if Retaliation Occurs
FEHA’s retaliation protections apply the moment you make a complaint, assist in an investigation, or oppose conduct you reasonably believe is unlawful. You do not have to be right about the underlying harassment claim to be protected from retaliation.
If retaliation occurs, you can:
- File a separate retaliation complaint with the CRD
- Document every retaliatory act with dates, descriptions, and witnesses
- Request your personnel file to establish what your record looked like before the complaint
- Consult an employment attorney to assess whether to add a retaliation claim to any pending case
California law allows employees to recover lost wages, emotional distress damages, attorney’s fees, and in some cases punitive damages for retaliation.
What Happens After You File
After you file a formal sexual harassment complaint with the CRD, the general process looks like this:
- Notice to employer: The CRD notifies your employer of your complaint.
- Mediation option: The CRD may offer mediation before a full investigation begins.
- Investigation: If no resolution is reached, the CRD may investigate and issue findings.
- Right to Sue: You can request this at any time to pursue a civil lawsuit.
If you proceed to civil litigation, your case may include claims for harassment, hostile work environment, failure to prevent harassment, and retaliation under FEHA. The EEOC also handles federal harassment claims, though most California employees will find that FEHA provides broader protections than federal law.
Frequently Asked Questions
Do I have to file internally before going to the CRD? No. California law does not require you to exhaust internal remedies before filing with the CRD. However, filing internally first creates a record that can strengthen your case.
Can I be fired for filing a sexual harassment complaint? Terminating an employee for filing a harassment complaint is illegal retaliation under FEHA. If this happens, document everything and consult an attorney immediately.
What if the harasser is a coworker, not a supervisor? Employer liability still applies if the employer knew or should have known about the harassment and failed to take prompt, corrective action. This is another reason why filing an internal complaint matters.
Do I need a lawyer to file with the CRD? No. You can file on your own. But if your employer retaliates, your situation escalates, or you’re considering a civil lawsuit, working with an LA employment attorney for harassment claims significantly affects your outcomes.
