If you work in California and are dealing with sexual harassment, one of the first practical questions is whether you must report the misconduct inside your company before you can bring a legal claim. The short answer: California law does not require an internal complaint as a precondition to filing with a government agency or a lawsuit, especially when a supervisor is involved. That said, internal reporting often affects evidence, timelines, employer liability, and the remedies available. The better answer depends on who the harasser is, what your employer’s policy says, and what you feel is safe.
This article walks through the California framework under the Fair Employment and Housing Act (FEHA), now enforced by the Civil Rights Department, and the way internal reports interact with the legal process, including hostile work environment claims, quid pro quo harassment, retaliation, damages, and deadlines. It also flags real-world considerations if you are deciding whether, when, and how to report.
What counts as sexual harassment in California
California sexual harassment laws, especially FEHA, use a broad lens. Conduct can be verbal, physical, visual, written, digital, or implied. The core questions are whether the behavior is unwelcome and whether it affects the terms, conditions, or privileges of employment. Two common categories carry different legal consequences.
Quid pro quo harassment in California occurs when a supervisor conditions a job benefit or avoiding a job detriment on sexual cooperation. If a manager says promotions flow to those who “play along,” or dangles better shifts for a date, that is quid pro quo harassment. Liability can be automatic for the employer when a supervisor is the harasser.
Hostile work environment in California refers to unwelcome sexual conduct that is severe or pervasive enough to create an abusive working environment. The standard looks at the totality of circumstances: the frequency, type of conduct, and its impact on your work. A single severe event, such as a sexual assault or groping, can be enough by itself. Repeated comments, crude messages, explicit photos, or constant unwanted advances can also meet the threshold over time.
FEHA does not require that conduct be “motivated by sexual desire.” Harassment based on sex includes sexist slurs, pregnancy-based hostility, sexual orientation and gender identity harassment, and harassment because someone is transgender or nonbinary. Verbal sexual harassment in California ranges from graphic jokes to persistent comments about someone’s body. Physical sexual harassment includes unwanted touching, blocking movement, or coerced sexual contact.
Do you have to report internally before filing a claim?
Legally, no. You can file a sexual harassment claim in California with the Civil Rights Department (CRD) without first using your employer’s process. Even if your workplace policy requires internal reporting, California workplace harassment laws do not make an internal complaint a prerequisite for a state administrative charge. In the supervisor context, employer liability often attaches regardless of whether you reported internally, because a supervisor acts as the company for purposes of FEHA sexual harassment analysis.
In coworker or third party sexual harassment cases, the internal reporting question is more nuanced. The employer’s liability turns on whether it knew or should have known about the harassment and failed to take immediate and appropriate corrective action. Telling the company is one way to establish notice. Yet, California courts also recognize constructive knowledge when harassment is open or widespread. If the misconduct is obvious on the sales floor, in group chats kept on company systems, or in team meetings, a judge or jury may find the employer should have known even without a formal complaint.
Internal reporting can still be strategically important. It generates a record, potentially prompts an investigation, and, if the company handles it well, may stop the harassment quickly. If the company mishandles it, that fact can strengthen your claim of employer responsibility for sexual harassment in California. The decision ultimately pairs legal rights with safety and practical considerations.
How internal reporting impacts liability and evidence
In supervisor sexual harassment cases, Employment Law Aid California law is particularly protective. When a supervisor harasses, the employer is strictly liable for harassment that occurs in the course of employment, even if there was no internal complaint beforehand. If the supervisor’s conduct leads to a tangible employment action, such as termination, demotion, or an undesired transfer, employer liability is essentially baked in. That is one reason employees in California are not boxed into internal reporting before filing with the CRD.
Coworker and third party sexual harassment California claims follow a different path. The employer is liable if it did not act once it had knowledge, or reasonably should have had knowledge, of the harassment. Here, a timely internal report can matter because it triggers a duty to investigate and correct. If the company ignores your complaint, drags its feet, blames you, or retaliates, those failures become evidence.
Evidence often looks ordinary at first: text messages, Slack threads, emails, calendars, scheduling notes, witness names, and personal notes written soon after key events. If you report internally, keep copies of what you submit and any responses. If you speak to HR or a manager, document the date, attendees, and what was discussed. California’s workplace harassment laws focus heavily on how the employer responded once it knew or should have known, so the paper trail matters. If you fear document deletion, forward to a personal account or save copies off work systems, consistent with any confidentiality obligations and without taking proprietary data.
The role of the employer’s policy and training
Most California employers must have a written harassment policy that explains what is considered sexual harassment in California, provides complaint mechanisms that bypass the direct supervisor, and promises a timely investigation. California sexual harassment policy requirements include distributing the policy to employees and making it understandable, with multiple reporting avenues and a clear anti-retaliation statement.
Training is mandatory for many employers. Under AB 1825 and later SB 1343, employers with five or more employees must provide sexual harassment training requirements that include one hour for nonsupervisory staff and two hours for supervisors, repeated at least every two years and within six months of hire or promotion. A compliant program covers hostile work environment laws in California, bystander intervention, and complaint options. If your employer skipped training or does not have a policy, that failure can weigh against them in litigation and may explain why misconduct went unchecked.
A policy does not limit your rights. It is not a gatekeeper you must pass through before filing with the CRD. Still, the policy is often the map HR will follow. If it lacks an alternative to reporting to your supervisor, that is a red flag, particularly where the supervisor is part of the problem.
Internal report or not: practical trade-offs and safety
Deciding whether to report internally is both legal and human. Safety and emotional well-being come first. If you worry about retaliation, losing income, or being ostracized, those concerns are rational. California sexual harassment retaliation protections are strong, and retaliation itself is unlawful. But laws do not eliminate the stress of the process.
A few practical patterns recur in California workplaces. When the harasser is a senior executive or a top biller, HR may be reluctant to act. When the team is small, confidentiality can be hard to maintain during a sexual harassment investigation in California. When the harasser is a customer or vendor, the company may say its hands are tied, which is not accurate under FEHA. The employer must still take steps within its control, such as reassigning accounts, tightening rules for access, or terminating a vendor relationship if necessary. If you see signs that your company is not likely to act in good faith, internal reporting may not be worth the personal risk, and going straight to the CRD or speaking with a sexual harassment lawyer in California can be the safer move.
On the other hand, there are workplaces that take reporting seriously, suspend the harasser, and implement meaningful corrective action within days. Early reporting can preserve surveillance footage, chat logs, or badge records that could otherwise be overwritten. If you are unsure, a confidential consultation with a California sexual harassment attorney before reporting can help you map a plan aligned with your goals and risk tolerance.
How and where to file externally in California
The Civil Rights Department is the state agency tasked with enforcing the California Fair Employment and Housing Act sexual harassment protections. You can file a sexual harassment complaint in California online, by mail, or through an attorney. The process typically starts with an intake questionnaire and, if the CRD accepts the matter, leads to a formal administrative complaint. The CRD may investigate, try mediation, or issue a right-to-sue notice. If you want to bypass CRD investigation and proceed to court more quickly, you can request an immediate right-to-sue.
EEOC sexual harassment California filings are also possible because federal law prohibits sexual harassment. Many claims are dual filed, meaning your complaint is lodged with both the CRD and the EEOC. FEHA generally offers broader protections and a longer statute of limitations than federal law, so California employees often rely on FEHA as the primary framework.
If your employer forces arbitration, the sexual harassment arbitration California landscape is complicated by state and federal rules. Some arbitration agreements are unenforceable, especially if they were a condition of employment after certain statutory changes, while others remain valid. Talk with counsel before assuming you must arbitrate, since a recent mix of state statutes and federal preemption has shifted the boundaries.
Deadlines: the statute of limitations under FEHA
The California sexual harassment statute of limitations for administrative filing is generally three years from the date of the alleged unlawful practice to file with the CRD. That window was extended in recent years, but exceptions and nuances exist, including continuing violation doctrine for repeated conduct, delayed discovery in narrow circumstances, and tolling during internal complaint processes in some cases. After you obtain a right-to-sue notice from the CRD, you generally have one year to file a sexual harassment lawsuit in California in court.
Deadlines can move based on facts, so it is wise to verify dates early. If the conduct occurred over a range of months or years, map the chronology. In constructive discharge cases, where the harassment becomes so intolerable that a reasonable person would feel compelled to quit, the clock interplay can be complex. Consult an attorney to avoid missing a filing deadline in California.
What happens during an internal investigation
A well-run sexual harassment investigation in California starts quickly, maintains as much confidentiality as possible, and treats everyone with respect. The investigator should interview the complainant, the accused, and relevant witnesses, and review documents like messages, emails, social media posts, and prior complaints. The employer should reach factual findings and implement corrective actions, which might include discipline, training, reassignment, or termination.
In practice, quality varies. Some investigations are a few superficial conversations that put the burden on the complainant. Others are robust, with clear timelines and written findings. If the investigator is the company’s own lawyer, communications may be privileged. If the employer hires an outside investigator trained in workplace investigations, the process may be more neutral. California workplaces are expected to use a process consistent with FEHA obligations. A sham investigation can become a major liability factor.
Your role is straightforward: tell the truth, provide documents, and identify witnesses. Avoid guessing or exaggerating. If asked to sign a statement, read it carefully. If the company tries to restrict you from filing with the CRD, that is unlawful. You always retain the right to contact a government agency.
Retaliation: what it looks like and why it matters
Retaliation is often the second injury. It can be overt, like termination, demotion, or pay cuts, or subtle, like exclusion from meetings, schedule cuts, or a sudden flood of write-ups that never existed before. California sexual harassment retaliation law prohibits punishing someone for reporting, participating in an investigation, or opposing harassment. Whistleblower protection can overlap when the complaint touches broader violations, such as safety breaches or fraud.
If retaliation follows, document each event with dates, details, and comparators if available. Did others who made similar mistakes avoid discipline? Did your duties shift overnight without reason? Did a manager tell you to “be a team player” the day after you reported? The causation link can be built from these facts. Damages for retaliation can include lost wages, emotional distress, and sometimes punitive damages if the conduct was malicious or oppressive.
Damages, remedies, and settlements
Sexual harassment damages in California typically include economic losses like back pay and front pay, and noneconomic losses for emotional distress. In severe cases or where misconduct is egregious, punitive damages are possible against private employers. Prevailing claimants may also recover reasonable attorney’s fees and costs. Injunctive relief can require policy changes, training, or reassignment of the harasser.
California sexual harassment settlements vary widely. Modest cases may resolve in the mid five figures, while serious cases with career disruption or physical assault can reach six or seven figures. Settlement value depends on liability strength, the quality of evidence, whether a supervisor is involved, medical corroboration for emotional distress, and how a jury might view the parties. Mediation is common in California sexual harassment mediation settings, often after some discovery. Many employers carry employment practices liability insurance, which can influence timing and strategy.
Independent contractors and nontraditional work settings
Independent contractor sexual harassment California claims were historically tricky under federal law, but FEHA’s definition of protected sexual harassment california individuals is broader. Even if a worker is classified as a contractor, California workplace harassment laws often protect them. The analysis turns on the nature of the relationship and whether the person is providing services pursuant to a contract. Harassment by clients or company personnel in gig settings, production environments, or professional services can fall under FEHA’s umbrella. As with employees, the company is expected to take timely, appropriate action once it knows of harassment affecting contract workers.
When the harasser is a coworker, supervisor, or third party
Who the harasser is changes the legal calculus. If it is a supervisor, employer liability for sexual harassment in California often attaches regardless of internal reporting. If it is a coworker, the key is whether the employer knew or should have known and failed to act. If it is a customer, vendor, or landlord, the employer must still act reasonably to protect you. That could mean barring the customer, changing seating, switching assignments, or ending a contract. Courts will look at the steps available to the employer and whether those steps were taken without penalizing you.
For example, a server in a restaurant who reports a regular’s unwanted touching should not be punished by losing shifts while the patron is allowed to continue dining. A tech worker who reports lewd DMs from a contractor should not be reassigned to a dead-end project while the contractor stays embedded. These are classic fact patterns in California courts.
How to think about reporting, step by step
Sometimes the hardest part is choosing the first move. If you want to preserve the option to keep things internal but also protect your right to sue later, there is a pragmatic sequence that keeps doors open.
- Write down what happened, with dates, times, locations, witnesses, and exact words if you recall them. Save screenshots or photos to a secure location you control. Review your employer’s harassment policy, noting reporting channels beyond your direct supervisor. Decide whether to make an internal report, an external complaint to the CRD, or both. If safety is an issue, prioritize external steps first and consider a lawyer consult. If you report internally, do it in writing and keep a copy. Ask for a timeline and the investigator’s contact information. Watch for retaliation, and document any changes to duties, schedule, or treatment after your complaint.
This is one of the two lists in this article. If you do not feel safe creating a written report on a work device, use your own device and personal email.
Litigation timeline and what to expect
The California sexual harassment case timeline varies. An internal investigation can wrap in a few weeks, though complex cases may take longer. If you file with the CRD and request investigation, the administrative phase can run six to twelve months, sometimes more. If you request an immediate right-to-sue, a court case typically takes one to two years through trial, depending on the county, the court’s docket, and whether arbitration applies.
During litigation, expect written discovery, depositions, and potential medical or psychological evaluations if you claim significant emotional distress. Motions may test the legal sufficiency of your claims. Many cases settle after key depositions or before trial, often at mediation. If you are still employed, your lawyer may coordinate with you on workplace communications to avoid adding unnecessary conflict.
Special notes on evidence: building a credible record
Facts win cases. Strong sexual harassment evidence in California often includes contemporaneous notes, messages, and corroboration. Jurors respond to specific details: exact phrases used, timestamps, emojis that shift tone, or sudden schedule changes that line up with your report. If there were prior complaints about the same person, your attorney may seek to obtain them, though employers often resist. Courts balance privacy concerns with relevance, and protective orders can allow discovery while limiting disclosure.
Avoid recording conversations unless you understand California’s two-party consent rule for audio recordings. Secretly recording a private conversation can violate the Penal Code. There are lawful ways to preserve evidence without risking criminal liability.
Internal reporting when you are on probation or new to the job
New employees often fear rocking the boat. California law protects you from harassment starting on day one, including during onboarding, training, or probationary periods. Early reporting can be effective because less social capital has built around the harasser, especially in workplaces with decent compliance culture. If you choose not to report internally as a new hire, you are still free to file with the CRD. If you were terminated shortly after resisting or reporting unwanted advances at work in California, talk to a lawyer about wrongful termination sexual harassment California claims that combine harassment and retaliation theories.
Money, confidentiality, and non-disclosure provisions
If your case settles, California limits confidentiality for sexual harassment settlements. State law restricts nondisclosure of factual information related to claims of sexual assault, sexual harassment, or discrimination based on sex. While the dollar amount can sometimes be confidential, the underlying facts generally cannot be gagged. Be wary of agreements that seek to silence you beyond what the law allows. If a settlement requires arbitration of future disputes or waives statutory rights, your lawyer will scrutinize those provisions.
Bottom line: internal reporting is not mandatory, but it can be strategic
California gives you the right to report sexual harassment externally without first going through your employer. That choice is particularly clear when the harasser is a supervisor or when you fear retaliation or an unfair process. Internal reporting remains a useful tool when you trust the system or want to build a record that triggers the employer’s duty to act.
If you are uncertain, speak with a California sexual harassment attorney early. A brief consult can help you balance speed, safety, evidence preservation, and the impact on your career. Your path might involve an internal complaint, a CRD filing, both in parallel, or neither if conditions are dangerous and immediate legal action is needed. You are not required to endure a hostile work environment in California, whether the misconduct takes the form of quid pro quo harassment, persistent verbal abuse, or physical intrusion. You also do not need to navigate this alone.
Quick comparison: when internal reporting matters most
- Supervisor harassment: employer liability commonly attaches without internal reporting, though reporting can still help stop ongoing harm. Coworker harassment: internal reporting strengthens the case for employer notice and duty to correct. Third party harassment: internal reporting helps establish that the employer had a chance to act against the customer or vendor. Retaliation scenarios: documenting your internal report anchors the causal timeline if adverse actions follow. Evidence preservation: internal complaints can prompt the employer to preserve chats, emails, and camera footage that might otherwise be lost.
This is the second and final list in this article. If you do nothing else, protect your timeline and your evidence. California’s framework is designed to meet you where you are, not where a handbook says you must start.