California Sexual Harassment Lawyer

kba-subpage-sidebar

When Going to Work Means Going Somewhere Unsafe

Sexual harassment at work shows up in two basic patterns. The first is quid pro quo — a supervisor conditioning a job benefit, a promotion, a schedule change, or continued employment on submission to sexual conduct. The second is hostile work environment — pervasive or severe conduct, comments, or touching that creates a workplace a reasonable person would find intolerable. Both are unlawful under California law. Both are far more common than employer training programs would suggest.

A California sexual harassment lawyer is the person who represents the employee when reporting the conduct internally did not stop it, or when reporting was not safe in the first place. KBK Lawyers handles workplace sexual harassment cases under California’s Fair Employment and Housing Act and related statutes. Every conversation is confidential.

What California's Sexual Harassment Law Protects

FEHA defines sexual harassment broadly. It covers:

  • Unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
  • Sexually offensive jokes, comments, gestures, images, and electronic messages
  • Touching, physical contact, or sexual assault
  • Conduct based on sex, gender, gender identity, gender expression, or sexual orientation
  • Pregnancy-related harassment
  • Same-sex harassment
  • Harassment by supervisors, co-workers, and third parties such as customers or clients

California law applies to employers of all sizes for harassment claims (unlike discrimination claims, which require 5 or more employees). A California sexual harassment lawyer can evaluate the case regardless of the employer’s headcount.

Who Is Responsible

California law holds different parties responsible depending on who did the harassing:

  • Supervisor harassment — the employer is strictly liable for harassment by a supervisor
  • Co-worker harassment — the employer is liable if it knew or should have known and failed to take prompt corrective action
  • Third-party harassment — the employer is liable if it knew or should have known and failed to act
  • Individual liability — the harasser themselves can be named as a defendant under FEHA

A California sexual harassment lawyer reviews who did what, who knew about it, and what the employer did or did not do in response.

kbk-pillar-sidebar

Why KBK Lawyers

Brian Kabateck, our founding partner, has decades of California plaintiffs’ practice and has been recognized as a past President of Consumer Attorneys of California and a past President of the Consumer Attorneys Association of Los Angeles. Our firm represents survivors of workplace sexual harassment with discretion, with confidentiality, and with the staffing required to take a case from intake through trial if the employer will not settle fairly.

 

A California sexual harassment lawyer at our firm moves at the pace the survivor sets. We file under initials when the law allows. We do not push the case forward faster than the survivor is ready for.

What You Can Recover

  • Back pay, front pay, and lost benefits
  • Emotional distress damages, including for severe and ongoing trauma
  • Punitive damages where the employer’s conduct was malicious, oppressive, or fraudulent
  • Attorney’s fees and costs paid by the employer
  • Injunctive relief, including reinstatement and changes to employer policies
  • Damages against the individual harasser, not just the employer

Deadlines

California gives most sexual harassment plaintiffs three years from the last act of harassment to file a charge with the California Civil Rights Department (formerly DFEH). AB 9 extended that deadline from one year to three in 2020. After the CRD process, the plaintiff has one year from the right-to-sue letter to file the civil action. A California sexual harassment lawyer at our firm maps every deadline at the first call.

Frequently Asked Questions

California law allows survivors to file under initials or pseudonyms in many circumstances. Confidential settlements are common. Our firm structures the matter to protect the survivor’s identity to the extent the law permits.

A formal report to HR is not required for most harassment claims. What matters is what the employer knew or should have known and what it did about it. The absence of a formal report is not a defense.

Retaliation against a harassment complainant is unlawful and is itself a separate claim under FEHA. In practice, retaliation evidence often strengthens the underlying case rather than weakening it.