Workplace sexual harassment is a serious legal issue, and in California, employees have strong protections under state law. If you work in San Diego and have experienced inappropriate conduct at work, understanding your rights is the first step toward protecting yourself.
This guide explains what legally qualifies as workplace sexual harassment, how the law applies in California, and what steps you can take to document and report what happened.
What Qualifies as Workplace Sexual Harassment Under California Law
California’s Fair Employment and Housing Act (FEHA) defines workplace sexual harassment as unwanted conduct of a sexual nature that affects the terms or conditions of your employment.
There are two main legal categories.
Quid pro quo harassment occurs when a supervisor or employer ties job benefits (like a promotion, raise, or continued employment) to sexual favors. One instance can be enough to establish a legal claim.
Hostile work environment harassment occurs when unwelcome sexual conduct is severe or pervasive enough to create an intimidating, offensive, or abusive work environment. This standard applies statewide, including in San Diego.
The California Supreme Court clarified this standard in Hughes v. Pair (2009), holding that a plaintiff must show the conduct was both subjectively offensive to them and objectively offensive to a reasonable person. A single incident may qualify if it is severe enough — particularly in cases involving physical contact or explicit threats.
Examples of Conduct That May Qualify
- Unwanted touching, groping, or physical contact
- Repeated sexual comments, jokes, or innuendos
- Displaying sexually explicit images or materials in the workplace
- Requests or demands for sexual favors
- Sending sexually explicit messages, emails, or images
FEHA protections cover all employees regardless of gender, and harassment can come from a supervisor, coworker, or even a client or customer.
Who Is Legally Responsible
Under FEHA, employers have a legal obligation to prevent and promptly correct workplace sexual harassment. Your employer is not off the hook simply because the person who harassed you acted alone.
California law holds employers strictly liable for supervisor harassment that results in a tangible employment action such as a termination, demotion, or negative performance review. When harassment is committed by a coworker, employer liability typically depends on whether the company knew or should have known about the conduct and failed to act.
If you reported the harassment and nothing was done, that inaction matters legally.
How to Protect Yourself: Documentation
Before you file a complaint, start building your record. Documentation is one of the most important tools you have.
Here is what to document:
- Dates, times, and locations of each incident
- A description of what happened: specific words used, physical contact, or conduct you witnessed
- Names of any witnesses who were present
- Any written evidence such as texts, emails, chat messages, or voicemails
- Your employer’s response (or lack of one) after you reported the conduct
Keep this documentation somewhere private and secure, outside of company systems. Do not use your work email or work computer to store personal records about your complaint.
How to File a Harassment Complaint in San Diego
You have two primary avenues for filing a formal complaint.
Internal Complaint Process
Most employers are required under California law to have a written anti-harassment policy and a complaint procedure. Filing an internal complaint creates an official record and may trigger your employer’s legal obligation to investigate.
When you file internally, keep a copy of your complaint. Note the date you submitted it and the name of the HR representative or manager who received it. Follow up in writing so there is a paper trail.
Filing with the CRD or EEOC
If your employer does not respond appropriately — or if you want to pursue a legal claim — you will generally need to file a complaint with the California Civil Rights Department (formerly the DFEH) or the Equal Employment Opportunity Commission (EEOC).
For most California claims, the deadline to file with the CRD is three years from the date of the last act of harassment. Missing this deadline can affect your ability to bring a civil lawsuit, so timing matters.
San Diego employees can file with the CRD online or by contacting their San Diego district office. The agency will investigate the complaint and may attempt to resolve it through mediation. If the matter is not resolved, you may receive a Right to Sue notice, which allows you to file a civil lawsuit.
Retaliation Is Illegal
Under California law, your employer cannot take adverse action against you for reporting workplace sexual harassment. Protected activity includes filing an internal complaint, cooperating with an investigation, or filing a charge with the CRD or EEOC.
Retaliation can take many forms: termination, demotion, a sudden negative performance review, schedule changes, or exclusion from opportunities you previously had. If any of these things happen after you report harassment, document them immediately. For a deeper look at the legal standards that apply to San Diego employees specifically, visit our Sexual Harassment Law — San Diego page.
When to Consult an Attorney
You do not have to wait until your situation escalates to speak with a lawyer. Consulting a San Diego employment attorney for harassment matters early in the process can help you avoid mistakes that could affect your legal options later.
An attorney can help you:
- Understand whether your situation meets the legal threshold under FEHA
- Evaluate your documentation and what additional evidence may strengthen your case
- Navigate the complaint filing process with the CRD or EEOC
- Assess whether retaliation has occurred and what remedies may be available
For more information about your rights and how California law applies to your situation, you can also review our full Workplace Sexual Harassment practice area page.
Summary: Key Steps to Take Now
If you’ve experienced inappropriate conduct at work, here is what to do:
- Start documenting every incident, including dates, details, and witnesses
- Review your employer’s anti-harassment policy
- File an internal complaint and keep a copy
- File with the CRD or EEOC if your employer does not respond appropriately
- Consult a California employment attorney before your deadlines pass
Workplace sexual harassment is not something you are expected to navigate alone. California law gives you meaningful tools to protect yourself, and using them correctly matters.
If you’re dealing with workplace sexual harassment in San Diego and want to understand your legal options, you can contact Nabati Law to discuss your situation.
