Understanding Your Rights Under FEHA: What Every California Employee Should Know About Sexual Harassment in the Workplace

Workplace sexual harassment remains one of the most common—and most damaging—forms of misconduct employees face. In California, the Fair Employment and Housing Act (FEHA) provides some of the strongest protections in the country. Yet many workers still don't know what legally qualifies as harassment, what steps to take when it occurs, or how quickly their rights can be lost.

As a California employment attorney, I regularly represent employees who have faced harassment, retaliation, and hostile work environments. Here's what you need to know if you—or someone you know—may be dealing with sexual harassment at work.

What Counts as Sexual Harassment Under FEHA?

FEHA defines sexual harassment broadly. It includes any unwanted sexual conduct, whether verbal, visual, or physical. Importantly, FEHA does not require the harassment to be motivated by sexual desire—it is enough that the conduct is because of sex, gender, gender identity, or sexual orientation.

Common examples include:

• Unwanted touching or sexual advances

• Lewd comments, sexual jokes, or inappropriate messages

• Displaying or sending sexual images

• Quid pro quo behavior (“sleep with me and you'll get the promotion”)

• Repeated comments about someone's body, appearance, or private life

• Retaliation for rejecting sexual conduct

Even a single incident of sexual harassment can violate FEHA if it is severe.

FEHA Applies to All California Employers — Even Small Ones

Unlike federal law, which only applies to employers with 15+ employees, FEHA applies to employers with as few as five employees. Certain claims, such as harassment, can even apply regardless of employer size.

Employees, applicants, interns, contractors, and volunteers are all protected.

Your Employer Has a Legal Duty to Prevent and Correct Harassment

California law doesn't simply require employers to avoid harassment—they must actively prevent it.

Employers are required to:

• Maintain a written anti-harassment policy

• Provide harassment prevention training

• Investigate complaints promptly and objectively

• Take corrective action

When employers fail to do this, they can be held fully responsible for the harm their employee suffers.

What to Do If You Experience Sexual Harassment

Every case is different, but these steps are critical:

1. Document everything — dates, times, witnesses, screenshots, text messages, emails.

2. Report the harassment using your company's procedure (even if the harasser is a supervisor).

3. Consult a California employment attorney immediately.

4. Avoid signing anything without legal advice—especially severance agreements.

5. Save your performance reviews and write-ups, which can become evidence if retaliation occurs.

Speaking up is hard, but remaining silent often allows harassment to continue.

Retaliation Is Illegal Under FEHA

Many employees fear that reporting harassment will cost them their job. That fear is exactly why retaliation protections exist.

It is unlawful for an employer to punish you for:

• Reporting sexual harassment

• Participating in an investigation

• Supporting a coworker's complaint

Retaliation can take many forms: demotion, termination, reduced hours, negative performance reviews, or exclusion from meetings. If it happens, you may have an additional claim.

What Compensation May Be Available?

Sexual harassment claims under FEHA may allow recovery for:

• Emotional distress damages

• Lost wages and future earnings

• Punitive damages (in cases of malicious or reckless conduct)

• Attorneys' fees and costs

• Reinstatement or policy changes

Every case is unique, but early legal consultation dramatically increases case value.

Why Employees and Law Firms Choose Pletcher Law, APC

I represent employees throughout California in sexual harassment, retaliation, and hostile work environment cases. I also collaborate with plaintiff-side firms on law-and-motion, discovery strategy, and appellate support to maximize outcomes.

Whether you're an employee seeking protection or a law firm seeking litigation support, I bring precision, strategy, and a client-centered approach to every case.

If You Believe Your Rights Were Violated, Don't Wait

Strict deadlines apply to FEHA claims. Many employees wait too long—sometimes because they fear retaliation or feel unsure about what happened. A brief consultation can clarify your rights and help protect future claims.

Contact Pletcher Law, APC today for a confidential, no-obligation evaluation of your case.

📞 Call me at 805-630-3245
📩 Email: [email protected] 
🌐 www.pletcher-law.com