Sexual Harassment Attorney in Los Angeles, CA
Sexual harassment under FEHA generally takes one of two forms: quid pro quo harassment, where job benefits are conditioned on submitting to unwelcome sexual conduct, and hostile work environment harassment, where unwelcome sexual conduct is severe or pervasive enough to alter the conditions of employment. Unlike most discrimination claims, FEHA allows individual harassers — not just the employer — to be held personally liable for harassment, which is a meaningful difference from ordinary discrimination theories.
Key Points
- Harassment doesn't have to come from a supervisor — coworker and even non-employee (client, vendor) harassment can create employer liability if the employer knew or should have known and failed to act
- A single incident CAN be severe enough to constitute harassment under California's standard, though most claims involve a pattern of conduct
- Employers have an affirmative legal duty to take reasonable steps to prevent and correct harassment, including mandatory training for supervisors
- Reporting harassment internally isn't legally required before filing a claim, though it often strengthens the case and triggers separate retaliation protections
Considerations
- Documentation — contemporaneous notes, saved messages, witness names — made close to when incidents happen is usually the most persuasive evidence
- A harassment complaint followed by negative treatment (discipline, exclusion, termination) can support an independent retaliation claim on top of the harassment claim itself
- Non-disclosure and non-disparagement provisions in a settlement of a sexual harassment claim face specific restrictions under California law
California Law Note
California law (Civil Code § 1670.11, enacted as part of the broader #MeToo-era legislative package) generally voids contract provisions that waive an employee's right to testify about criminal conduct or sexual harassment in a legal proceeding, when the testimony is compelled by a court or administrative agency.
Related Questions
How do I know if my termination was actually wrongful?
The most reliable way is a free case evaluation, where the specific facts — what was said, the timing relative to any complaint or leave request, how similar situations were handled for other employees — can be reviewed directly. Suspicious timing (termination shortly after a complaint, a leave request, or a disability disclosure), inconsistent or shifting reasons from the employer, and different treatment of similarly situated coworkers are common signs worth having reviewed.
View this answer on its own page →What counts as a protected characteristic under California law?
California's Fair Employment and Housing Act (FEHA) covers race, color, national origin, ancestry, religion, sex, gender, gender identity and expression, sexual orientation, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, and military or veteran status, among other categories — a notably broader list than many federal discrimination laws.
View this answer on its own page →See more detail on our main site: Sexual Harassment →
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