Under the Fair Employment and Housing Act (FEHA), it is unlawful for an employer or any other person to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services under a contract because of sex (Gov. Code §12940(j)(1)). Harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions, and “[s]exually harassing conduct need not be motivated by sexual desire” (§12940(j)(4)(C)).
Do I have to lose my job or be passed over for a promotion to have a viable claim of sexual harassment?
No. The last sentence of Section 12940(j)(1) says: “Loss of tangible job benefits shall not be necessary in order to establish harassment.” A demotion, a lost shift, or a firing is not a condition of the claim. Conduct that never had any impact on your pay can still be harassment.
The Legislature added more in Government Code §12923, enacted in 2018. In subdivision (a), it adopted the standard from Justice Ginsburg’s concurrence in Harris v. Forklift Systems (1993) 510 U.S. 17, that “the plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment.” You do not have to show that your work suffered.
Subdivision (c) of §12923 provides that the existence of a hostile work environment depends on the totality of the circumstances. Subdivision (d) provides that the legal standard for sexual harassment should not vary by type of workplace, and that it is irrelevant that a particular occupation may have been characterized by a greater frequency of sexually related commentary or conduct in the past.
Can one incident qualify as sexual harassment in California?
It can. Section 12923(b) provides: “A single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment if the harassing conduct has unreasonably interfered with the plaintiff’s work performance or created an intimidating, hostile, or offensive working environment.”
Who can be held responsible for sexual harassment at work?
| Who engaged in the conduct | What the statute provides | Source |
|---|---|---|
| A coworker who is not an agent or supervisor | Unlawful if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action | Gov. Code §12940(j)(1) |
| A nonemployee, such as a client, customer, or vendor | The employer may be responsible on the same “knows or should have known” standard, and the extent of the employer’s control over the nonemployee is considered | Gov. Code §12940(j)(1) |
| An employee who harassed you | The employee can be held personally liable, regardless of whether the employer knew or should have known of the conduct and failed to correct it | Gov. Code §12940(j)(3) |
The employer also has a duty to prevent harassment. Section 12940(j)(1) provides that “[a]n entity shall take all reasonable steps to prevent harassment from occurring,” and failing to take all reasonable steps necessary to prevent harassment is a separate unlawful practice under §12940(k).
For harassment claims only, the FEHA defines “employer” as any person regularly employing one or more persons, or regularly receiving the services of one or more persons providing services under a contract (§12940(j)(4)(A)). A four-person office is generally covered.
These standards are statewide, so they apply the same way in Orange County, Los Angeles County, and the Inland Empire. More on how the firm handles these matters is on the harassment and discrimination practice pages.
What if I am punished for reporting sexual harassment?
That is a separate violation. Government Code §12940(h) makes it unlawful for an employer or any person “to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”
California Labor Code §1102.5 is California’s core whistleblower protection statute. It prohibits an employer from retaliating against an employee who discloses information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate or correct the issue, when the employee has reasonable cause to believe the information shows a violation of a state or federal statute, or of a local, state, or federal rule or regulation. It also protects employees who refuse to participate in an activity that would result in a violation of a state or federal statute, or of a local, state, or federal rule or regulation, and it covers internal complaints (to a supervisor or HR), not just reports to outside agencies.
The firm’s retaliation and whistleblower page covers that ground.
Frequently asked questions
Does sexual harassment have to involve sexual attraction?
No. Government Code §12940(j)(4)(C) provides that sexually harassing conduct need not be motivated by sexual desire. The same subdivision provides that harassment because of sex includes gender harassment and harassment based on pregnancy, childbirth, or related medical conditions.
Is my employer too small for California’s harassment law to apply?
For harassment claims, Government Code §12940(j)(4)(A) defines “employer” to include any person regularly employing one or more persons. That is a lower threshold than the five-employee definition in Government Code §12926(d), which applies to other unlawful practices under the Fair Employment and Housing Act, so a very small workplace is generally covered for harassment.
Can a customer or client sexually harass me at work?
Yes. Government Code §12940(j)(1) provides that an employer may be responsible for the acts of nonemployees if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. The extent of the employer’s control over those nonemployees is considered.
Can I sue the person who harassed me, and not only the company?
Government Code §12940(j)(3) provides that an employee of a covered entity is personally liable for harassment that the employee perpetrated. That is true regardless of whether the employer knew or should have known of the conduct and failed to correct it.
How long do I have to file a sexual harassment claim in California?
Government Code §12960(e)(5) allows three years from the date of the unlawful practice to file a complaint with the Civil Rights Department. Once the department issues a right-to-sue notice, Government Code §12965(c)(1)(D) allows one year from the date of that notice to bring a civil action. Tolling and extension rules can change these dates, so seek advice early.
What should I do if I am being sexually harassed at work?
Write down what was said or done, the date, and who else was present, while it is fresh. Keep copies of messages, emails, and any written complaint you made, along with any response. The three-year period in Government Code §12960(e)(5) runs from the date of the unlawful practice, so the dates you record matter. Then speak with a lawyer about your own situation well before any deadline.
This is general advice and specific legal questions should always be discussed with and reviewed by your attorney.
Interested in having your potential claim evaluated?
Do not delay. If you want an attorney to look at your situation, Taylor E. DeRosa of DeRosa Law Firm handles employment cases for employees across Orange County, Los Angeles County, and the Inland Empire. Reach out today for a free consultation.
About the author
Taylor Edward DeRosa is a California employment lawyer who represents employees. He was admitted to the State Bar of California in 2018 and practices from Orange County, California, representing employees across Orange County, Los Angeles County, and the Inland Empire, and throughout California. In 2025, the Employment Rights Section of the American Association for Justice presented its Employment Excellence Award to Taylor DeRosa for the verdict in Carmell v. Janet’s Enterprises, Inc.
Legal disclaimer
This article is general information about California law. It is not legal advice, it is not a substitute for legal advice and reading it does not create an attorney-client relationship between you and DeRosa Law Firm or Taylor DeRosa. Do not act or decline to act based on this article alone.
Employment cases turn on their specific facts, and the law changes. Deadlines in California employment cases are strict, they differ by claim type and missing one can end a claim permanently. If you think you may have a claim, speak with a lawyer about your own situation well before any deadline.
The statutes, deadlines and figures in this article were verified against California statutory sources on October 17, 2026.
Attorney advertising. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Taylor Edward DeRosa, DeRosa Law Firm, is responsible for the content of this page. No outcome is guaranteed. Nothing in this article is a prediction, promise, or guarantee about the result of any legal matter.
