Civil Rights & Constitutional Law
Court throws out accused sexual harasser Kent Johnson's lawsuit against...
July 20, 2024
• Practice Areas • Practices • Sexual Harassment at Work in California: Your Rights
Sexual harassment is illegal when it’s both unwanted and severe or pervasive enough to create a hostile work environment. That can include:
Unwanted touching or groping.
Lewd comments or jokes.
Repeated sexual advances.
Retaliation for rejecting advances.
Pornography in the workplace.
Even one sufficient serious incident, like a sexual assault, can be enough.
Sexual harassment is also illegal when the person demanding sexual favors is offering a "quid pro quo," literally meaning, "this for that." That can include sex in return for promotions, keeping a job, etc.
You’re protected if you’re:
An employee (full-time, part-time, temporary).
A contractor or intern.
Someone applying for a job.
And it doesn’t matter whether the harasser is a boss, co-worker, client, or customer.
The California Fair Employment and Housing Act (FEHA) prohibits workplace harassment based on sex, gender, gender identity, or sexual orientation.
Title VII of the federal Civil Rights Act of 1964 also protects against sex-based harassment. It's considered a form of sex discrimination.
FEHA applies to employers with just five or more employees—so its reach is broad.
Title VII applies to employers with 15 or more employees.
Tell someone—report it to HR, your supervisor, or someone in authority. We understand this can be tricky, and risk retaliation, but if you don't report the harassment, you may be unable to file a claim. An exception may exist if the person at the very top of the organization is harassing you and there is no one else left to complain to. But the better practice is to report and to document that you have. That might include sending an email detailing what has happened and ensuring you have a copy off-site.
Keep detailed records and a chronology of what happened and when.
Save messages, emails, or texts that show the harassment. Best method: you can make a screen recording of text messages. Here's how to make a screen recording on an iPhone. Here's how to make a screen recording on a Google android phone.
If your employer doesn’t take action—or punishes you for speaking up—you may have a legal claim. Retaliation for opposing sexual harassment or participating in a legal proceeding is illegal too.
You must file a complaint with the California Civil Rights Department (CRD) within three years of the last incident. Once you get a right-to-sue letter, you can file in court.
Federal deadlines are shorter—as little as 300 days to file with the federal Equal Employment Opportunity Commission, so it’s wise to speak to a lawyer quickly.
If you are a local government employee, you may have two years to file what's called a Section 1983 claim under the 14th Amendment to the Constitution. We've handled such cases for government employees enduring sexual harassment and sexual assault, where we filed federal claims under Title VII, state-law claims, and federal constitutional claims all in the same civil complaint.
The sooner you talk to a lawyer and initiate an investigation and claim the better, to avoid losing claims and effectiveness. These matters take time to investigate and review.
Back pay—lost wages and benefits.
Emotional-distress damages.
Reinstatement (if you were fired).
Punitive damages (in some cases).
Attorney fees and costs.
At The Chandra Law Firm, we take sexual-harassment cases seriously. We fight for workers—including women and LGBTQ+ employees—who’ve been sexually harassed and silenced. We serve clients across California.
If you’ve experienced sexual harassment and suffered significant harm, we’ll stand with you.
Please contact us.
At Chandra Law, your case is our cause.®