How to Report Sexual Harassment at Work in California
By Milan Chatterjee | Founding Attorney, Milan Legal
Reporting sexual harassment at work can be difficult, especially when the person responsible is a supervisor, manager, or colleague who influences your employment. You may worry about retaliation, whether anyone will believe you, or how your employer will respond. California law provides protections against workplace sexual harassment and retaliation, and employees have options for reporting misconduct internally and through government agencies. A California sexual harassment lawyer can help you understand those protections and determine which steps may be appropriate for your circumstances.
You do not need to identify the precise legal violation before raising a concern. Unwelcome sexual advances, inappropriate comments, sexual pressure connected to workplace benefits, and other conduct may warrant investigation depending on the circumstances. Documenting what happened and reporting it through an appropriate channel can help establish a record and give the employer an opportunity to address the problem.
Who to Report To
Start by reviewing your employer’s harassment policy or employee handbook. These documents often identify the people authorized to receive complaints, such as human resources staff, supervisors, managers, or designated compliance representatives. If a coworker is responsible, you may report the conduct to your supervisor or HR. Choose a channel that allows the complaint to reach someone with authority to respond.
If your supervisor is involved in the harassment, consider reporting to HR, a higher-level manager, an ethics hotline, or another designated contact. You do not need to report misconduct to the person whose behavior you are challenging. If HR personnel are implicated, use an alternative channel where possible. If your employer has no clear procedure, make a written report to a responsible company representative.
Sexual harassment can also involve customers, contractors, vendors, or other nonemployees. California law addresses certain situations in which an employer knows or should know about harassment by a nonemployee and fails to take immediate and appropriate corrective action within its control. Report repeated or serious conduct even if the person responsible does not work directly for your employer.
If you face an immediate threat to your safety, prioritize getting to a safe location and contacting emergency services when necessary. Reporting procedures should not prevent you from taking reasonable steps to protect yourself.
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What to Include in a Written Report
A written complaint creates a record of what you reported and when the employer received notice. It does not need to sound like a legal document. Explain what happened, why the conduct was unwelcome, and what action you are requesting. Use clear language and distinguish what you personally experienced from information you heard from others.
Include the name and position of the person involved, the dates and locations of the incidents, and a description of the words or actions that concerned you. If the behavior happened repeatedly, identify the approximate dates and explain the pattern. Mention potential witnesses and identify relevant emails, text messages, workplace chat messages, or other evidence you can lawfully access.
Describe whether you asked the person to stop, previously reported the behavior, or experienced changes in your working conditions afterward. If the conduct involved unwanted touching, sexual pressure, threats, or suggestions that employment benefits depended on complying with a sexual request, explain those details accurately. You do not need to include unnecessary intimate details, but the complaint should be specific enough for the employer to investigate.
State that you are reporting unwelcome conduct and ask the employer to investigate, take appropriate corrective action, and protect you against retaliation. If you are concerned about continued contact with the person, explain the concern and request appropriate interim measures. Avoid assuming that a particular disciplinary outcome is guaranteed.
Submit the complaint through an established reporting channel and keep a copy of your message and any acknowledgment. If you initially report the issue verbally, consider following up in writing to confirm the date, recipient, and substance of the conversation. Store relevant records securely and preserve evidence without accessing private accounts or confidential files without authorization.
What the Employer Must Do: Investigate and Correct
California Government Code § 12940(k) requires covered employers to take reasonable steps necessary to prevent discrimination and harassment. California Code of Regulations, title 2, § 11023 addresses employers’ responsibilities to prevent and promptly correct discriminatory and harassing conduct. An employer that receives a complaint should assess it seriously and respond appropriately to the circumstances.
A reasonable investigation generally involves reviewing the allegations, gathering relevant records, interviewing appropriate witnesses, and giving the accused person an opportunity to respond. The employer should assess the available evidence rather than automatically accepting or dismissing either account. The investigation’s scope and timing may depend on the seriousness of the allegations, the number of people involved, and the complexity of the facts.
The employer should also consider interim measures while the investigation proceeds. Depending on the situation, these may include changing reporting arrangements, separating the parties, or taking other reasonable steps to reduce unwanted contact. Such measures should not unnecessarily disadvantage the person who reported the harassment or operate as punishment for making a complaint.
If the investigation identifies misconduct, the employer should take appropriate corrective action intended to stop the behavior and prevent recurrence. The response will depend on the findings, seriousness of the conduct, and relevant policies. Simply moving the complainant to another position may not adequately address the problem if the underlying conduct continues.
Confidentiality During an Investigation
Employees may hesitate to report harassment because they fear private information will become workplace gossip. Employers should handle complaints and investigation records carefully, sharing information only as reasonably necessary to investigate, respond to allegations, and meet legal obligations.
Confidentiality is not necessarily absolute. An employer may need to share relevant information with investigators, witnesses, decision-makers, or the accused person to assess the allegations fairly. You should not assume that a complaint can remain completely anonymous or that every detail will be withheld from everyone else.
You can ask the person receiving your complaint how information will be handled, who may need to know, and what steps are available to limit unnecessary disclosure. Keep your own records secure and avoid circulating sensitive allegations widely among coworkers or posting them publicly. Preserve evidence lawfully and follow reasonable instructions that do not prevent you from exercising your legal rights.
If HR Does Nothing
An employer’s failure to respond does not eliminate your options. If HR ignores your complaint, delays without a reasonable explanation, or allows the conduct to continue, document the lack of response and any further incidents. Keep copies of follow-up emails, record relevant conversations, and consider escalating the matter to a higher-level manager, another HR representative, or an ethics or compliance channel.
Pay attention to possible retaliation. California Government Code § 12940(h) prohibits retaliation for protected opposition to practices forbidden by the Fair Employment and Housing Act (FEHA), as well as certain forms of participation in related proceedings. Retaliation may involve termination, demotion, reduced hours, unjustified discipline, or exclusion from work opportunities because you reported or opposed unlawful conduct. Whether a particular action is unlawful depends on the circumstances and evidence.
If your treatment changes after reporting harassment, record what changed, when it happened, who was involved, and any explanations your employer provided. Keep relevant performance reviews, schedules, messages, and disciplinary records. Not every unfavorable workplace decision constitutes unlawful retaliation, but a documented timeline may help establish whether the action was connected to protected activity.
You do not necessarily have to wait for an internal investigation to finish before seeking legal guidance. Internal procedures and external filing deadlines are separate matters, and an employer’s investigation does not automatically extend those deadlines. For related protections, review our guides to California employment law and California retaliation and whistleblower protections.
When Your Employer Fails to Address Harassment
Filing With the CRD
The California Civil Rights Department (CRD) accepts complaints involving workplace sexual harassment and other conduct covered by California civil rights laws. You can review the official CRD complaint process to understand how to begin. The department assesses submitted information and determines whether the complaint can proceed through its administrative process.
For employment complaints, the CRD generally requires an intake form within three years of the date of the last alleged harm. The applicable deadline and available legal options depend on the facts and claims involved, so do not assume that an internal complaint or investigation pauses the filing period.
A person who wishes to file an employment lawsuit directly under FEHA generally must first obtain a right-to-sue notice from the CRD. The appropriate process depends on the circumstances and whether the person intends to pursue an administrative investigation or litigation. Consider getting legal advice before choosing a route if you are uncertain about the consequences or deadlines.
When preparing to contact the CRD, gather the dates of the incidents, descriptions of the conduct, the names of people involved, witness information, and relevant records. You may still be able to begin the process if you do not have every document. Follow the department’s current instructions and provide accurate information.
Federal protections may also be relevant. The Equal Employment Opportunity Commission (EEOC) handles complaints under applicable federal laws, and filing deadlines can differ from California deadlines. For additional information, see our resource on California CRD and EEOC claims.
About Attorney Milan Chatterjee
Milan Chatterjee is licensed to practice law in California and Nevada and is the founder of Best Employment Attorney, the employment law practice of Milan Legal. He represents employees and employers in matters involving harassment, discrimination, retaliation, wrongful termination, wage claims, employment contracts, and severance agreements. He earned his Juris Doctor from UCLA School of Law and studied at NYU School of Law as a visiting student. Previously, he served as Associate Compliance Counsel at Las Vegas Sands Corporation, advising on employment compliance, workplace investigations, corporate governance, workforce restructuring, and risk management.
Legal Disclaimer: This article provides general information and is not legal advice. The application of California law depends on the facts, the applicable legal provisions, and relevant filing deadlines. Consult a qualified attorney about your specific circumstances.
Frequently Asked Questions
Follow the reporting procedure in your employer’s harassment policy. You may report to HR, a supervisor, a higher-level manager, or another designated contact. If your supervisor is involved, consider an alternative reporting channel and keep a record of your complaint.
An initial report does not always have to be written, but written documentation can help establish what you reported and when. Describe the conduct, dates, people involved, available evidence, and the action you are requesting. Keep a copy for your records.
California law prohibits retaliation for protected opposition to unlawful practices and certain forms of participation in related proceedings. If you experience adverse treatment after reporting, document the events and consider seeking legal guidance. Whether a specific action violates the law depends on the facts.
The CRD generally requires an employment complaint intake form within three years of the last alleged harm. Other deadlines may apply depending on the claim and legal route. An internal investigation does not automatically pause a filing deadline.
Get Legal Guidance on Reporting Sexual Harassment in California
Conclusion
Reporting sexual harassment at work means identifying an appropriate reporting channel, documenting specific incidents, retaining relevant evidence, and clearly explaining your concerns. California employers have legal responsibilities to prevent and correct harassment, investigate complaints appropriately, and avoid unlawful retaliation. If the internal process fails, you may have options through the CRD or other applicable legal procedures.
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