Sexual harassment in the workplace refers to the illegal discrimination of an employee because of that person's sex or gender. This type of harassment can be emotionally devastating for victims and could come in different forms ranging from unwanted sexual advances and requests for sexual favors to inappropriate touching, and in some cases, even rape or sexual assault.
If you have been sexually harassed at work and have endured a hostile work environment, it is important to understand that you have rights under federal and state laws. You may be able to file a sexual harassment lawsuit against your employer seeking compensation and other types of relief. An experienced Orange County sexual harassment lawyer can help you better understand your legal rights and options in such situations.
What Constitutes Sexual Harassment in Orange County?
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects employment, interferes with work performance, or creates a hostile work environment. For victims wondering, "am I being sexually harassed at work" it is important to read this section carefully. Workplace sexual harassment is illegal under Title VII of the federal Civil Rights Act, which applies to employers with 15 or more employees. Under the law, there are two main types of sexual harassment. Quid pro quo harassment occurs when a supervisor or someone in a position of authority requests sexual favors from an employee in exchange for a tangible job action.
Examples of Sexual Harassment in Orange County Companies
Sexual harassment can happen in a number of different scenarios. For example, if a supervisor promises to promote an employee in exchange for sleeping with him or her, that constitutes sexual harassment. Another type of sexual harassment occurs when an employee is subjected to unwelcome physical or verbal behavior of a sexual nature that is so severe and pervasive and it creates a hostile work environment.
In addition, there are several types of workplace behaviors that constitute sexual harassment. For example, unwanted kissing, groping breasts or genitals, rape, sexual assault, making explicit sexual comments are all examples of harassment. While these are more overt forms of sexual harassment, there are several subtler forms of such harassment as well, which are severe enough to make an employee feel intimidated and uncomfortable.
Examples of these behaviors include repeatedly complimenting an employee's appearance, discussing one's sex life with an employee or asking an employee about his or her sex life, circulating nude photos or suggestive images in the workplace, sending sexually suggestive text messages or emails and spreading sexual rumors about an employee.
In order to be qualify as "hostile work environment," the conduct must be offensive not just to the employee, but also to a reasonable person in the same circumstances. It's also important to remember that perpetrators of sexual harassment in Orange County could be male or female and the harasser could be a manager/supervisor, a co-worker or a non-employee such as a client or customer.
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California Law Offers Stronger Protections Than Federal Law
One of the most important things Orange County employees should know is that California's workplace protections go significantly further than federal law. Under Title VII of the Civil Rights Act, only employers with 15 or more employees are required to maintain a harassment-free workplace. However, under California's Fair Employment and Housing Act (FEHA), those protections extend to employees working for businesses with as few as 5 employees, meaning far more Orange County workers are covered.
California law also gives harassment victims more time to act. While federal law imposes tight deadlines for filing a charge with the EEOC, California employees generally have up to three years to file a complaint with the Civil Rights Department (formerly the DFEH). This extended window can be critically important for victims who are still processing what happened to them or who feared retaliation if they came forward sooner.
Additionally, California courts have historically interpreted what constitutes a "hostile work environment" more broadly than federal courts, providing stronger protections for employees facing persistent, unwelcome conduct in the workplace.
What Steps Should You Take If You Are A Victim?
If you are a victim of sexual harassment, you should document all incidents, report the behavior to your employer or HR department, make detailed notes of the incident, file a complaint with the EEOC, and consider consulting with an employment attorney to protect your rights and explore legal options. Sexual harassment incidents can cause significant emotional harm, but employees facing these unacceptable workplace behaviors can take specific protective steps.
- Report the harassment right away. This is important because you may not be able to file a sexual harassment lawsuit if you don't report the incident or incidents in a timely manner. If you are the victim of a crime such as sexual assault, sexual battery or rape, it is important that you report it right away to local law enforcement. In other cases of harassment, if your company has a specific protocol, be sure to follow it. If your supervisor or manager is the harasser, the incident should be reported to your supervisor's manager. Document all communications and keep copies of any reports you file.
- Make detailed notes. It is important that you also document incidents as soon as they can. Include any threats or promises that were made. All relevant texts, emails, internal memos or documents should be saved. It would be in your best interest to keep this information in a safe location such as a home computer. This is because you could lose access to your work computer if your job is suddenly terminated.
- File a complaint with an appropriate agency. If your employer fails to resolve your sexual harassment complaint, you can file a complaint with a state or federal agency such as the California Department of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission. The law prohibits employers from retaliating against employees who file these types of formal complaints. If a government agency is unable to resolve your complaint, it will issue a "right to sue" letter, which means you have grounds to take your employer to court.
- Contact an experienced sexual harassment lawyer. Employment laws in California can be complex and difficult to understand. There are also processes and deadlines to meet. Our experienced Orange County employment lawyers can also help you avoid the pitfalls and mistakes that could put your case in jeopardy.
Your Employer Has a Legal Duty to Protect You
Under California Government Code Section 12940(k), every employer in Orange County is legally required to take all reasonable steps to prevent harassment from occurring in the workplace. This is not a passive obligation. Employers must establish written anti-harassment policies, provide regular training to supervisors and employees, investigate complaints promptly and thoroughly, and take meaningful corrective action when harassment is found to have occurred.
Critically, an employer can be held liable for sexual harassment committed by a supervisor, even if upper management had no direct knowledge of it. Employers can also be held responsible for harassment by co-workers or non-employees, such as clients or vendors, if they knew or should have known about the conduct and failed to address it.
If your employer looked the other way, swept your complaint under the rug, or retaliated against you for speaking up, they may face significant liability, and we will pursue every avenue available to hold them accountable.
Damages In A Sexual Harassment Case
Damages in a sexual harassment case may include back pay, front pay, punitive damages, attorney fees, and possible reinstatement. If your sexual harassment lawsuit is successful, you may be able to receive damages including:
- Back pay: If you were denied a raise, a promotion or wrongfully terminated as a result of sexual harassment, you may be entitled to back pay. This includes wages, benefits and other compensation you would have earned from the time of the adverse employment decision up to the date of a jury award or settlement. Back pay also includes bonuses, commissions, tips, the value of benefits such as health insurance, vacation or sick pay and retirement or pension benefits.
- Front pay: Under federal law, if you lost your job or had to quit because of workplace sexual harassment in California, you may be able to return to your former position. If that is not possible or desired, you may be able to receive an award for front pay in lieu of reinstatement. This is intended to compensate you for any loss of wages you are likely to suffer from the date of your judgment into the future.
- Compensatory damages and punitive damages: Compensatory damages include monetary damages for the emotional distress you may have suffered, any harm to your reputation and any out-of-pocket costs you may have incurred as a result of the harassment such as medical bills, cost of psychological counseling and job search costs. Punitive damages are typically awarded in egregious cases, especially when management knew about the harassment, but allowed it to continue or failed to take any reasonable steps to stop it.
- Attorney's fees and court costs: In some cases, plaintiffs may also be able to receive compensation for attorney's fees and other costs such as court filing fees.
Sexual Harassment in Orange County's Key Industries
Sexual harassment does not discriminate by industry, it can happen anywhere. However, certain sectors that make up the backbone of Orange County's economy carry elevated risks due to power dynamics, high-pressure environments, or historically male-dominated cultures.
- Hospitality and Tourism: Orange County's position as a major tourist destination, anchored by the Disneyland Resort in Anaheim, supports tens of thousands of jobs in hotels, restaurants, entertainment venues, and event spaces. Workers in these environments could face harassment from supervisors, co-workers, or even customers, and may feel pressure to tolerate inappropriate behavior for fear of losing tips, shifts, or their jobs entirely.
- Healthcare: With major medical centers and hospital networks serving the county, healthcare workers, including nurses, medical assistants, and support staff, can be exposed to harassment from physicians, administrators, and colleagues. The hierarchical nature of healthcare settings can make victims feel that speaking up will damage their careers.
- Real Estate and Finance: In industries where high-earning brokers and executives wield significant influence over junior employees, harassment might go unreported out of fear of being pushed out of lucrative opportunities.
- Retail and Service Industries: Entry-level and hourly workers in retail, food service, and customer-facing roles are among the most vulnerable, as they often lack formal HR support structures and may fear losing income if they report misconduct.
Regardless of your industry, you have legal rights, and we have experience protecting them.
Employer Obligations to Prevent Harassment, Discrimination, and Retaliation
Employers are required to actively prevent harassment, discrimination, and retaliation in the workplace. Merely complying with Section 12950 is not enough to shield an employer from liability in cases of sexual harassment. An employer may still face legal consequences for failing to address or prevent such misconduct if:
- The employee experienced harassment, discrimination, or retaliation while working for the employer.
- The employer failed to implement reasonable measures to prevent the harassment, discrimination, or retaliation.
- The employee endured harm as a result.
- The employer's inaction was a significant factor contributing to the harm suffered by the employee.
Reasonable actions to prevent harassment, discrimination, and retaliation include thoroughly investigating employee complaints and promptly taking effective corrective measures to address inappropriate behavior.
Meet Our Lead Attorneys:
Eric B. Kingsley
For more than four decades, Eric B. Kingsley has dedicated his legal career to protecting the rights of California workers. Eric has helped to build one of the most recognized employment law practices in the state, securing more than $300 million in settlements and verdicts for employees who were wronged by their employers.
Eric is a graduate of the Loyola Law School, Los Angeles and has been a licensed member of the California State Bar since 1997. He holds an AV Preeminent rating from Martindale-Hubbell, the highest peer-review distinction available to attorneys, reflecting both his legal ability and professional ethics. He is also the recipient of the Consumer Attorneys of California Presidential Award of Merit, one of the most respected recognitions in California plaintiff's employment law.
Eric and his team represent employees across all of Orange County's major cities, including Anaheim, Irvine, Santa Ana, Newport Beach, and beyond and knows the OC courthouses.
Kelsey M. Szamet
Kelsey M. Szamet is a Partner at the firm and has been practicing employment law since 2008, representing plaintiffs in complex class actions as well as individual employment matters. She earned her Bachelor of Arts degree, cum laude, from the University of California, San Diego, before going on to receive her law degree from UCLA School of Law. Ms. Szamet concentrates her practice on sexual harassment, and employment law, and has authored appellate briefs in both state and federal court.
Ms. Szamet has been recognized with numerous prestigious honors, including the 2023 Women in Law Award, designation as a 2023–2026 Super Lawyer, recognition as one of America's Top 50 Lawyers, and the Lawyers of Distinction accolade. For Orange County employees facing sexual harassment at work, what matters most is having an attorney who takes their case seriously from day one, someone who will investigate thoroughly, communicate clearly, and fight hard whether the matter resolves at the negotiating table or in front of a jury. That is the standard Kelsey has held herself to throughout her career, and it is the standard every client of this firm can expect.
Frequently Asked Questions
How long do I have to file a sexual harassment claim in Orange County?
Under California law, most employees have three years from the date of the last act of harassment to file a complaint with the California Civil Rights Department (CRD). This is significantly longer than the federal deadline, which can be as short as 180 days. However, waiting too long can hurt your case, evidence might disappear, witnesses can forget details, and documentation becomes harder to obtain. If you believe you have been harassed, speaking with an attorney as soon as possible gives you the strongest foundation for your claim.
Can my employer fire me for reporting sexual harassment?
No. California law strictly prohibits employers from retaliating against any employee who reports sexual harassment, files a complaint with the CRD or EEOC, or participates in a harassment investigation. Retaliation can take many forms, termination, demotion, reduced hours, hostile treatment, or being passed over for promotion. If your employer has taken any adverse action against you after you reported harassment, you may have a retaliation claim in addition to your underlying harassment claim, and you may be entitled to additional damages.
Does the harasser have to be my supervisor for me to have a claim?
No. Sexual harassment claims in California can arise from conduct by a supervisor, a co-worker, a subordinate, or even a non-employee such as a client, vendor, or contractor.
What if I signed an arbitration agreement when I was hired?
Many Orange County employees are required to sign arbitration agreements as a condition of employment. However, following federal legislation passed in 2022, employers can no longer enforce mandatory arbitration clauses to block sexual harassment and sexual assault claims. This means that even if you signed an arbitration agreement, you may have the right to bring your sexual harassment case in court rather than through a private arbitration process. This is a significant protection for California employees, and our attorneys can review any agreements you signed to determine exactly what your options are.
Why Choose Kingsley Szamet Employment Lawyers
- Proven Results That Matter: Our team has secured more than $300 million in compensation for working people across California. We deliver strong outcomes whether cases settle at the negotiation table or go to trial.
- Distinguished Legal Recognition: Eric B. Kingsley brings exceptional qualifications to every case. His AV rating and Consumer Attorneys of California Presidential Award of Merit reflect the high regard peers and clients have for his legal skill and commitment to justice.
- Deep Employment Law Experience: We have taken on and successfully handled more than 150 class action lawsuits, including challenging cases against major employers. Our thorough understanding of California workplace regulations helps us build winning strategies for employees.
- Orange County Advantage: Years of practice in local courts give us valuable insight into how judges handle employment cases and what approaches work best. This familiarity with the Orange County legal landscape strengthens our clients' positions from day one.
How Can Our Sexual Harassment Lawyers Help?
Our experienced Orange County sexual harassment lawyers will help evaluate your case and explain all the legal options available to you. We can provide you with valuable information about how to properly document incidents of harassment and how you can protect yourself from employer retaliation. If you have been the victim of sexual harassment in the workplace, please contact us at (818) 990-8300 for a free, comprehensive and confidential consultation.
