Sexual harassment at work in California sits at the intersection of state and federal law. Most employees have two potential enforcement channels: the California Civil Rights Department, often called the CRD, and the federal Equal Employment Opportunity Commission, the EEOC. The two agencies share enforcement authority for workplace harassment based on sex under California’s Fair Employment and Housing Act, often shortened to FEHA, and under Title VII of the Civil Rights Act. They also maintain a work-sharing agreement that allows “dual filing.” Done right, one charge preserves your rights under both systems. Done wrong, a missed deadline or a mismatched claim can quietly narrow your remedies.
I handle these filings regularly, and the friction points show up in the same places: timing, scope, employer size, and strategy. The law promises broad protection, but the process rewards precision. This guide explains how dual filing works in practice, how California sexual harassment laws differ from federal standards, and how to make decisions that protect your case from day one.
What is considered sexual harassment in California
California’s definition is expansive, and that matters when shaping the narrative in your charge. FEHA sexual harassment includes unwelcome verbal, visual, or physical conduct of a sexual nature, including explicit requests for sexual favors, repeated sexual jokes, leering, unwanted touching, sexualized comments about appearance, or the sharing of pornographic material in the workplace. It also covers gender-based harassment, such as harassment for failing to conform to gender stereotypes, and harassment related to pregnancy or childbirth.
Two legal theories dominate. Quid pro quo harassment in California arises when a supervisor ties job benefits or detriments to sexual conduct, for example, promotions or scheduling in exchange for dates or touching. Hostile work environment in California exists when unwelcome conduct is severe or pervasive enough to create an oppressive or abusive workplace. Under California workplace sexual harassment laws, a single severe incident, like a sexual assault or egregious groping, can be enough. Federal courts sometimes require a higher bar for severity or pervasiveness than California courts, which is a practical reason many employees prefer a state forum.
The harassment does not have to come from a supervisor. California recognizes supervisor sexual harassment, but also coworker sexual harassment and third party sexual harassment, such as misconduct by clients or vendors. California’s employer liability for sexual harassment is strict for supervisors, while for coworkers or third parties, liability generally turns on whether the employer knew or should have known and failed to take immediate and appropriate corrective action.
Why CRD vs. EEOC matters when you are still working
The choice of forum influences not just damages, but how the employer responds. Some employers move faster when the CRD opens an investigation, because FEHA imposes direct liability rules that are less forgiving. Others focus on the EEOC, worried about federal conciliation or pattern-and-practice scrutiny. In my experience, HR departments often take CRD notices more personally, as they signal potential exposure to broader California remedies, including uncapped pain-and-suffering damages and attorney’s fees.
At the same time, an EEOC filing can be useful if the employer is multi-state or if you anticipate a removal to federal court. Both agencies can mediate. Both can issue right-to-sue letters. The trick is to keep options open until the facts and your tolerance for litigation clarify the path.
The backbone of the law: FEHA and Title VII
FEHA, California Government Code section 12940 and related provisions, prohibits sexual harassment and retaliation for reporting sexual harassment. FEHA covers employers with five or more employees for discrimination, but harassment protections apply to all employers regardless of size. It also protects independent contractors and unpaid interns in harassment contexts, which is broader than federal law. If you are an independent contractor facing harassment in California, you can still file with the CRD under FEHA.
Title VII prohibits sexual harassment and retaliation at the federal level, but generally applies to employers with 15 or more employees. Federal law has caps on compensatory and punitive damages that range from 50,000 to 300,000 dollars depending on employer size. FEHA has no comparable statutory caps on non-economic or punitive damages. This difference, along with California’s broader coverage and case law, often tilts plaintiffs toward state court after the administrative phase.
The mechanics of dual filing
CRD and EEOC maintain a work-sharing agreement. When you file a timely sexual harassment complaint with either agency and check the box requesting cross-filing, the receiving agency transmits the charge to the other. You do not need to file twice. Your charge is deemed filed with both agencies as of the date first received.
Two quirks matter in practice. First, the initial draft sets the scope. The text of the charge defines what claims you preserve under both state and federal law. If the details are skeletal, later claims like failure to prevent harassment or constructive discharge may be attacked as outside the original scope. Second, each agency can have different intake procedures. The EEOC often conducts phone or online interviews before drafting a charge. The CRD may initiate a complaint through its online portal and ask you to verify under penalty of perjury. Inconsistencies between versions can haunt later litigation.
If your case involves multiple bases of discrimination, such as pregnancy discrimination and sexual harassment California, ensure both bases are listed. Likewise, if retaliation followed your complaint, include California sexual harassment retaliation within the narrative. Retaliation claims frequently arise days or weeks after the initial report, so you may need to amend the charge to capture later adverse actions like schedule cuts, demotions, or wrongful termination sexual harassment California.
Filing deadlines and how they interact
California extended the time to file a CRD complaint to three years from the last harassing act for incidents occurring after January 1, 2020. There are exceptions and tolling rules, but as a starting point, you generally have three years. The EEOC deadline is much shorter, typically 300 days in https://ricardoowho022.theglensecret.com/california-workplace-sexual-harassment-laws-rights-and-remedies California because FEHA is a deferral statute state. That means if you file with the CRD within three years but after 300 days, dual filing will not revive the federal claim. Your EEOC rights may be time-barred even though your FEHA claim is timely.
Employees commonly believe dual filing automatically covers both timelines. It does not. If you want federal preservation, aim to file within 300 days. If you are already outside 300 days, concentrate on FEHA and the CRD process. On the back end, right-to-sue timelines also differ. CRD can issue an immediate right-to-sue on request, allowing you to proceed directly to court under FEHA. The EEOC can issue a right-to-sue after it closes its file or upon request in certain circumstances if 180 days have passed since the charge was filed. The California sexual harassment case timeline often advances faster under state court once you have your CRD right-to-sue letter.
Choosing where to start: practical considerations
The agency you start with is less important than the content and timing, but it does influence the experience.
- The CRD often allows an immediate right-to-sue, which can be useful if you need speedy access to court or injunctive relief. It also aligns with California workplace harassment laws and uncapped damages. For employees who plan to sue under FEHA without a protracted investigation, this route is efficient. The EEOC can be useful for multi-state employers, systemic issues, or when you want federal mediation resources or the potential leverage of a federal reasonable cause finding. Some employers respond differently to EEOC subpoenas and conciliation efforts. If you are within 300 days from the last incident, dual filing preserves both. If you are beyond 300 days but within three years, a CRD filing protects your FEHA sexual harassment claim but not Title VII. Independent contractor sexual harassment California is recognized under FEHA. Federal law is narrower, which again favors a CRD-driven strategy.
I encourage clients to think about forum at the outset but keep the door open. Draft a charge that is complete enough for either system. If settlement is realistic through early mediation, use whichever agency offers the faster session. If litigation is inevitable, consider whether you prefer a California state jury, with FEHA instructions and California evidence rules, or a federal jury with federal caps.
What to include in your charge to protect your case
A well-constructed charge ties together the California sexual harassment definition with specific acts, dates, witnesses, and employer responses. Avoid vague phrases like harassment without context. Spell out verbal sexual harassment California incidents, such as explicit comments or repeated propositions, and physical sexual harassment California events, such as unwanted touching, hugs, or assaults. Identify the harasser’s role. If a supervisor was involved, state it plainly. If coworkers participated and HR failed to act, name both elements to capture employer responsibility sexual harassment California under failure-to-prevent provisions.
If you experienced unwanted advances at work California and then suffered changes to your schedule, pay, assignments, or evaluation after reporting sexual harassment California, label that as retaliation and include dates. If the environment became so intolerable you resigned, describe the facts that support sexual harassment constructive dismissal California, sometimes called constructive discharge. If a manager threatened to fire you unless you went on a date or complied with sexual demands, use the language of quid pro quo harassment California. For a hostile work environment California claim, show the frequency, severity, and impact on your work. Small wording choices now influence what survives a motion for summary judgment later.
Save evidence. Screenshots, contemporaneous texts to friends, calendar entries showing meetings, security camera references, badge swipes, and HR complaint emails are all sexual harassment evidence California that can carry more weight than after-the-fact recollections. If your workplace used an online complaint portal, pull a copy of your submission and acknowledgment.
Employer size, policies, and training
California imposes training and policy requirements that intersect with harassment claims. California sexual harassment training requirements include the mandates from AB 1825 and SB 1343. Most employers with five or more employees must provide at least one hour of bystander and harassment training to non-supervisory staff and two hours to supervisors, renewed every two years. Failure to train does not automatically prove harassment, but it strengthens a failure-to-prevent claim.
Written policies matter. California sexual harassment policy requirements call for a clear complaint procedure, multiple reporting channels, translation for non-English-speaking workers as needed, and a promise of prompt, impartial sexual harassment investigation California. If the employer never disseminated the policy or ignored it, document that. It demonstrates a breakdown in the employer’s responsibility to prevent and correct harassment.
Small employers sometimes assume the law does not reach them. For harassment, FEHA has no minimum employee count, and the California labor code sexual harassment provisions reinforce obligations to maintain safe workplaces free from harassment and violence. If you are the only employee at a small contractor, you still have rights. This coverage difference is a key reason to prefer CRD and FEHA when dual filing.
The complaint process in real life
How to file a sexual harassment complaint in California varies by workplace policy, but you generally report internally first if it is safe to do so. Send a concise written report to HR or a designated manager. Use dates, names, and concrete behavior. Keep a copy. If retaliation starts, document those events as well.
After or alongside internal reporting, initiate your administrative complaint. The sexual harassment complaint process California through the CRD begins online, by mail, or by phone. You provide an intake statement, the agency drafts a complaint, and you verify. You can request an immediate right-to-sue to head straight to court, or you can ask the CRD to investigate. The EEOC process begins with an inquiry online or by phone, followed by an interview. If it accepts your case, it drafts a charge for your signature. You can request mediation early.
Deadlines govern every step. The filing deadline sexual harassment California under FEHA is generally three years, but you still want to act quickly. Evidence gets stale. Witnesses move. If you were terminated, calculate the date of last harassment or the date of resignation if it was a constructive discharge. If the conduct was continuous, the continuing violation doctrine may allow you to include earlier incidents, but do not rely on it casually. Get the charge filed.
Remedies, damages, and settlement dynamics
Under FEHA, available sexual harassment damages California include back pay, front pay, emotional distress, punitive damages when malice or reckless indifference is proven, and attorney’s fees and costs. Title VII offers back pay, front pay, and compensatory and punitive damages within statutory caps, plus fees. California’s lack of caps often increases leverage in settlement. Many sexual harassment settlements in California include non-monetary terms like training commitments, policy updates, neutral references, and sometimes reinstatement or a resignation reclassification to reduce career harm.
Confidentiality and non-disparagement clauses have new guardrails. California places limits on nondisclosure agreements in settlement of sexual harassment claims involving facts of the harassment. You can keep the settlement amount confidential, but attempts to gag factual discussions of harassment are restricted. This changes how employers approach resolution and can be used to negotiate stronger compliance measures.
Arbitration, mediation, and forum traps
Employers frequently require arbitration agreements. California has seen waves of litigation about the enforceability of mandatory arbitration in sexual harassment California, with shifting federal preemption doctrines. As of 2026, many arbitration agreements remain enforceable, though recent federal law carved out sexual assault and sexual harassment for certain arbitration opt-outs in some contexts. The intersection is complex. If you have an arbitration agreement, you can still file your administrative charge with CRD or EEOC. Arbitration affects the court forum but not the right to complain to agencies. Think strategically about whether arbitration speed and privacy help or hurt. In some cases, a well-prepared arbitration can be swifter and less expensive. In others, it may constrain discovery and limit leverage.
Mediation can occur at either agency or privately after a right-to-sue. The California sexual harassment mediation programs at CRD and EEOC can be effective early, particularly when the employer wants to avoid public litigation. If the power imbalance is severe or the employer refuses to address systemic issues, mediation may simply preview positions and set up litigation.
Special populations: contractors, small shops, and remote workers
Independent contractors have harassment protection under FEHA, which is critical in gig-heavy sectors and entertainment. If you are a contractor working on-site at a client facility, the client can face liability for third party harassment California if it knew or should have known and failed to act. For remote workers, harassment can occur through chat platforms, video calls, or messages. A home office does not reduce employer duty to prevent harassment. Keep logs of chat threads, video meeting invitations, and any on-camera misconduct or off-hours messages. The same reporting and filing deadlines apply.
For very small employers, the lack of HR infrastructure often means complaints go straight to the owner. Put it in writing anyway. If the owner is the harasser, report to any alternative channel stated in the policy, or to the CRD directly. Retaliation for reporting is illegal regardless of employer size. California sexual harassment whistleblower protection can overlap with Labor Code provisions when anonymous reporting channels or safety complaints are implicated.
What happens after filing: investigations and next moves
Agency investigations vary in depth. The CRD may request position statements, interview witnesses, and propose mediation. The EEOC follows a similar path, often starting with requests for information about policies, training, prior complaints, and personnel files. Employers sometimes minimize the conduct as jokes or misunderstandings. That is where detailed contemporaneous evidence cuts through spin. If the agency finds cause, it may attempt conciliation. If not, it will issue a right-to-sue.
Parallel to the investigation, consider your employment goals. If you are employed and want to stay, press for interim measures: transfer away from the harasser, schedule changes that do not punish you, compliance training, and confirmation that no retaliation will occur. If you have been terminated or forced out, calculate back pay and document your job search for mitigation. Keep a spreadsheet of applications, interviews, and wages from alternative employment. These details directly affect sexual harassment damages California and settlement ranges.
Litigation choices and the path to trial
Once you have a right-to-sue, you can file a sexual harassment lawsuit California in state or federal court depending on claims and jurisdiction. Many practitioners prefer California state court for FEHA claims, partly due to jury pools and the lack of damages caps. Your complaint will likely include harassment, failure to prevent harassment, and retaliation, along with wrongful termination if you were fired or constructively discharged. Discovery focuses on comparator evidence, prior complaints against the harasser, email and chat logs, and policy compliance.
Case timelines vary. A straightforward FEHA case may reach trial in 12 to 24 months, though crowded dockets can extend that. Arbitration can cut that timeline to 9 to 15 months. Do not lose track of your health during this period. Therapy records can both support emotional distress damages and provide personal support. Be ready to produce them, with appropriate privacy safeguards. Judges often balance privacy with the relevance of mental health treatment when setting discovery boundaries.
When to hire counsel and how to choose
A California sexual harassment attorney can help you navigate dual filing, preserve claims, and avoid pitfalls like missing the EEOC’s 300-day window. If you can, consult counsel before filing the charge. The drafting stage is where cases are won or limited. Look for a sexual harassment lawyer California who has tried FEHA cases and understands the value drivers in your industry. Ask about their approach to CRD and EEOC mediation, their experience with California sexual harassment settlements, and their willingness to take a case to verdict if needed.
Fee structures vary. Many plaintiff-side attorneys work on contingency, typically 33 to 40 percent, sometimes higher if the case goes to trial. FEHA’s fee-shifting provisions mean a prevailing plaintiff can recover attorney’s fees from the employer, which affects settlement posture. If you interview more than one attorney, compare not just fees but strategy. The best fit is someone who can explain hostile work environment laws California in plain language and map a path that matches your risk tolerance.
A focused checklist for dual filing without missteps
- File within 300 days if you want federal EEOC coverage; within three years for CRD under FEHA. Check the box for cross-filing and confirm in writing that the charge will be dual filed. Identify all legal theories in your narrative: quid pro quo, hostile environment, retaliation, failure to prevent. Name the harasser’s role and employer knowledge. Include dates, locations, and witnesses. Preserve evidence and keep a contemporaneous log of incidents and retaliation.
Common edge cases and how to handle them
Mixed-motive situations are common, where performance critiques accompany the harassment timeline. Do not ignore performance issues. Instead, align records to show timing. If your reviews were positive for years and only soured after you rebuffed advances or reported, emphasize that chronology. If you had legitimate performance problems, own them, then show how harassment and retaliation aggravated the situation and motivated the adverse action. California courts routinely allow juries to apportion causation.
Another edge case involves off-site events. Harassment at conferences, client dinners, or business trips counts if it is work-related. Alcohol does not excuse touching or sexualized comments. Document the event name, date, and attendees. If the employer sponsored the event or expected attendance, employer responsibility remains in play. The same goes for company Slack channels or WhatsApp groups used for work. Informal platforms are still workplace extensions for harassment analysis.
Finally, consider immigration and visa concerns. CRD and EEOC generally do not inquire into immigration status for processing a charge. Retaliation or threats related to immigration reportability can themselves be unlawful. If you fear retaliation of that kind, tell your attorney privately; there are ways to shield sensitive information during the process.
The bottom line on CRD vs. EEOC
Dual filing is a safety net only if you meet the shortest deadline and preserve the broadest plausible claims. California workplace sexual harassment laws give you robust protections and remedies, especially under FEHA, with coverage for small employers and independent contractors, stronger supervisor liability, and no caps on damages. The EEOC adds federal leverage and can be the right fit for certain employers or systemic cases. Aim to capture both when possible.
When a client calls me after months of escalating comments, a hand on the shoulder that lingered too long, and a retaliatory schedule cut, the advice is constant: document, file promptly, and keep your options open. Navigate the process deliberately. Choose your forum with an eye on deadlines and remedies. And do not underestimate how much a well-drafted charge can shape everything that follows.