Filing a complaint about workplace harassment is one of the most important steps you can take to protect yourself — and one of the most misunderstood. Many employees delay reporting because they don’t know what happens next, or they fear that coming forward will make things worse.
This guide explains how to report harassment at work in California, what the process looks like after you file, and what your rights are at every stage.
Why Reporting Matters Legally and Practically
Under California’s Fair Employment and Housing Act (FEHA), employers have a legal obligation to prevent and address harassment in the workplace. That obligation is not optional, and it is not limited to large companies.
In State Department of Health Services v. Superior Court (2003), the California Supreme Court clarified that employers can be held liable when supervisory harassment occurs, regardless of whether the employer claims it had an anti-harassment policy, if the employer failed to take reasonable steps to prevent or correct that conduct. This case reinforced that the internal complaint process is not just a formality. It is a mechanism the law expects employers to use.
When you know how to report harassment at work correctly, you create a record that puts your employer on formal notice. That record can be critical if the situation escalates.
Step 1: Document Before You File
Before you submit any formal complaint, build your documentation file.
Write down:
- Dates, times, and locations of each incident
- Exactly what was said or done, as specifically as possible
- Who was present, including any witnesses or bystanders
- Any prior conversations where you told the harasser to stop, or where HR was informally notified
- How the conduct affected your work: missed shifts, a performance impact, or medical appointments
Save copies of relevant emails, texts, or messages to a personal device or personal email address. Do not rely solely on your work account, which your employer controls.
You do not need a complete record before reporting. But the more detail you have going in, the stronger your internal complaint will be.
Step 2: Submit a Written Internal Complaint
Once you decide to report harassment at work, the HR complaint process in California typically begins with a written complaint submitted to your HR department, a supervisor (if HR is unavailable or if the supervisor is not the harasser), or a designated compliance officer.
Here is what a strong internal complaint should include:
- A clear statement that you are filing a formal harassment complaint
- The name of the individual or individuals whose conduct you are reporting
- A factual description of each incident, including dates, what happened, and any witnesses
- A statement that the conduct has affected your work environment
- A request for the employer to investigate and take corrective action
Keep the language factual. The goal of the internal complaint is to put your employer on notice — not to convey how the situation made you feel. Emotional language weakens the record.
If you need a starting point, our Workplace Sexual Harassment Complaint Letter Template provides a step-by-step structure you can adapt to your situation.
Step 3: The Employer Investigation After a Harassment Complaint
Once you submit an internal complaint, your employer is legally required to investigate. Under FEHA and the standard established in State Department of Health Services v. Superior Court, that investigation must be prompt, thorough, and impartial.
A proper employer investigation after a harassment complaint should include:
- Interviewing you to gather a full account of events
- Interviewing the accused and giving them an opportunity to respond
- Interviewing witnesses identified in the complaint
- Reviewing documentary evidence, including emails, surveillance footage, and HR records
- Reaching a conclusion and communicating the outcome to the parties involved
The investigation should be conducted by someone with no personal stake in the outcome. If HR has a potential conflict of interest, such as when the alleged harasser is a senior executive, your employer may bring in outside counsel or an independent investigator.
On timing: California law does not set a hard deadline, but courts expect investigations to move quickly. If weeks pass with no contact from HR, that delay can itself become relevant if the matter proceeds to litigation.
Your Rights During the Investigation
While the investigation is underway, you retain several important rights.
You cannot be retaliated against for reporting. Filing a complaint is a protected activity under FEHA. Adverse actions taken after a complaint — including termination, demotion, schedule changes, or increased scrutiny — may constitute unlawful retaliation under California law.
You are entitled to a workplace free of ongoing harassment. Your employer should take interim steps to separate you from the alleged harasser while the investigation is pending, if that is necessary to stop the harmful conduct.
You may speak with an attorney at any point. Consulting legal counsel does not compromise your complaint. If anything, it helps you understand what you are entitled to and whether the process is being handled correctly.
If Your Employer Ignores or Mishandles the Complaint
Not every employer responds appropriately. Knowing how to report harassment does not end with the internal complaint — if your employer dismissed the complaint without a real investigation, conducted a one-sided process, or made no changes after reaching a conclusion, you have external options.
Under California law, you can file a complaint with:
- The California Civil Rights Department (CRD), which enforces FEHA. You can start the complaint process here.
- The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces Title VII. You can file a charge here.
You must file with the CRD or EEOC before you can pursue a civil lawsuit in California. Generally, you have three years from the last act of harassment to file with the CRD, but filing sooner preserves your options and protects your position.
What About Retaliation?
Retaliation is one of the most common responses to a harassment complaint, and one of the most legally significant. Under FEHA, it is unlawful for an employer to take adverse action against an employee because they reported harassment, participated in an investigation, or opposed conduct they reasonably believed was unlawful.
Retaliation does not have to be dramatic to be actionable. A sudden negative performance review, a shift to less desirable assignments, or exclusion from team communications after you file can all qualify as adverse action. Document everything that changes after you report.
For a deeper look at what triggers retaliation protections and how California law responds, see our overview of Workplace Sexual Harassment in California.
Know What to Expect Before You File
Understanding how to report harassment at work gives you a strategic advantage from the start. Filing an internal complaint is not the end of the process. It is the beginning of a legal record.
Document your experiences. Submit a clear, factual written complaint. Know what your employer is required to do under California law. And if they fall short of that obligation, know exactly where to go next.
Employees who take the time to learn how to report these situations are harder to dismiss, harder to retaliate against, and better positioned to pursue accountability when employers fail to act.If you are navigating a harassment complaint or have concerns about retaliation in California, you can contact Nabati Law to discuss your options.
