Most people searching for what to do if you have been sexually harassed at work are not looking for legal theory. They want to know what to write down, who to tell, what to say, and what happens next.
California gives you more protection than federal law does, but those protections depend on steps you take early. The order matters. Below is what to do if you have been sexually harassed at work in California, written for employees in San Francisco and across the Bay Area.
Start by Understanding What California Counts as Harassment
Under the California Fair Employment and Housing Act (FEHA), harassment based on sex, gender, gender identity, or sexual orientation is unlawful. It covers unwanted sexual advances, requests for sexual favors, and conduct that creates a hostile work environment.
Two points matter here:
- Harassment protections apply to employers of any size. Unlike FEHA’s discrimination provisions, the harassment provisions are not limited to employers with five or more employees.
- A single incident can be enough. Government Code section 12923 states that a single incident may be sufficient to support a hostile work environment claim if it unreasonably interfered with your work performance.
Bay Area hostile work environment cases are rarely about one dramatic event. They are usually built from a pattern: repeated comments, unwanted touching, texts after hours, or a supervisor who treats you differently after you say no.
Step 1: Document Everything, Starting Today
Documentation is the difference between “he said, she said” and a timeline a court can follow.
Write down, for each incident:
- Date, time, and location
- What was said or done, in plain factual language
- Who else was present
- How you responded
- Any effect on your work, schedule, or assignments
Save texts, emails, Slack messages, and voicemails. Keep copies on a personal device or personal email account, not a company laptop or company drive. Employees who are terminated often lose access to their work accounts the same day.
Do not record conversations secretly. California is a two-party consent state, and an illegal recording can damage an otherwise strong claim.
Step 2: Report It in Writing
If you are asking what to do if you have been sexually harassed by a supervisor, this is the step that matters most.
Under State Dept. of Health Services v. Superior Court (2003) 31 Cal.4th 1026, the California Supreme Court held that an employer is strictly liable for sexual harassment by a supervisor. The employer cannot escape liability by saying it did not know.
But the same decision adopted the avoidable consequences doctrine. An employer may reduce the damages you recover if it proves three things: it took reasonable steps to prevent and correct harassment, you unreasonably failed to use those procedures, and using them would have prevented some of the harm. This reasoning is applied routinely in employment cases in California Superior Court.
The practical takeaway: reporting internally does not just protect your job. It protects the value of your claim.
Send your report by email or through your employer’s formal complaint process so there is a record with a date on it. Keep it factual.
Sample language:
I am submitting a formal complaint of sexual harassment. On [date], [name] [describe conduct in neutral, specific terms]. This has continued on [dates]. I am requesting that the company investigate and take corrective action. I would like written confirmation that this complaint has been received.
What not to include: speculation about motives, insults, threats to sue, or a demand for money. Keep it clean, dated, and specific.
What to Do If You Have Been Sexually Harassed by a Coworker or Client
The standard changes. For harassment by a non-supervisor, including coworkers, vendors, and clients, an employer is liable when it knew or should have known about the conduct and failed to take immediate and appropriate corrective action.
That makes your written report even more important. It creates the knowledge that triggers the employer’s legal duty.
What Your Employer Is Required to Do Next
Once you report, California employers must take reasonable steps to prevent and correct harassment. In practice that means:
- Conducting a prompt, fair, and thorough investigation
- Keeping the process as confidential as possible
- Taking corrective action that actually stops the conduct
- Not transferring or demoting you as the “solution”
California employers are also required to maintain a written harassment prevention policy, distribute it, and provide harassment prevention training. If your employer has no policy, no training, and no investigation, that is relevant evidence.
Step 3: Watch for Retaliation
Part of knowing what to do if you have been sexually harassed is knowing what retaliation looks like before it happens.
Reporting harassment is protected activity. Once you engage in it, your employer cannot take an adverse action against you because of it. Adverse actions include termination, demotion, pay cuts, schedule changes, removal from projects, sudden negative reviews, and exclusion from meetings you previously attended.
Timing is evidence. If your performance was never questioned before your complaint and you receive a written warning three weeks after it, document the sequence. Note the date of your complaint, the date of the change, and who made the decision.
Step 4: Protect Your Deadlines
This is one of the most common gaps for Bay Area workers asking what to do if you have been sexually harassed months after the fact.
- California (FEHA): You generally have three years from the last act of harassment to file a complaint with the California Civil Rights Department. Once a right-to-sue notice is issued, you have one year to file a lawsuit.
- Federal (Title VII): You generally have 300 days from the last incident to file a charge with the EEOC.
If you are searching for the DFEH SF office, note that the Department of Fair Employment and Housing was renamed the California Civil Rights Department (CRD). Complaints are filed through the agency’s online portal, by mail, or in person at a district office. The name changed. The protections did not.
What to Do If You Have Been Sexually Harassed and You Already Left the Job
You still have rights. Quitting does not waive a harassment claim, and the FEHA filing deadline runs from the last act of harassment, not from your last day of work.
If you signed a severance agreement, have it reviewed. California law restricts provisions that prevent employees from disclosing conduct they reasonably believe is unlawful workplace harassment.
When to Talk to a San Francisco Employment Attorney
Consider getting advice before you sign anything, before an investigation interview, or as soon as you notice retaliation. A San Francisco employment attorney can tell you what your documentation actually supports and what your filing deadlines are in your specific situation.
The short answer to what to do if you have been sexually harassed at work is this: document it, report it in writing, watch for retaliation, and protect your deadlines. Those four steps preserve every option you have.
For more on how these claims work locally, see our overview of sexual harassment law in San Francisco and our San Francisco employment law practice page.
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.
