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Employment Claims

Sexual Harassment at Work

California law prohibits sexual harassment in the workplace and imposes direct liability on employers who permit, ignore or fail to prevent it. Eagan Law represents employees in these claims with the skill and discretion they require. Serving Los Angeles, Santa Monica, Beverly Hills and Malibu.

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Sexual harassment in the workplace takes many forms — from explicit quid pro quo demands to pervasive conduct that makes it impossible to do your job. Both are unlawful under California law.

California's Fair Employment and Housing Act (FEHA) prohibits sexual harassment by employers, supervisors, coworkers and third parties in the workplace. Unlike many employment discrimination claims, sexual harassment claims do not require proof of an adverse employment action — the harassment itself, if sufficiently severe or pervasive, gives rise to a claim.

FEHA imposes strict liability on employers for harassment by supervisors — meaning the employer is liable regardless of whether it knew of the conduct. For harassment by coworkers or third parties, the employer is liable if it knew or should have known of the harassment and failed to take immediate and appropriate corrective action.

Eagan Law represents employees in sexual harassment claims from the initial consultation through civil litigation — navigating the administrative filing requirement, building the evidentiary record and pursuing every available remedy including compensatory damages, emotional distress damages, punitive damages and attorneys' fees.

Workplace sexual harassment claims for entertainment industry professionals carry unique complexity — power imbalances are embedded in the industry's structure, and many victims fear that reporting will end their careers. Eagan Law handles these matters with complete discretion, representing clients facing harassment from producers, executives and colleagues while protecting their professional standing throughout the process. Where harassment has made continued employment intolerable — a constructive discharge — we pursue the full measure of available relief.

Workplace sexual harassment claims frequently intersect with wrongful termination claims where the victim was fired for reporting misconduct, workplace discrimination where harassment reflects broader discriminatory treatment, and civil sexual assault claims where workplace harassment rises to the level of battery or assault.

Strict Employer Liability for Supervisor Harassment

California FEHA imposes strict liability on employers for sexual harassment by supervisors — the employer is liable regardless of whether it knew of or condoned the conduct. No adverse employment action is required.

No Minimum Employer Size for Harassment Claims

Unlike FEHA discrimination claims, which apply to employers with five or more employees, FEHA harassment protections apply to all employers — including those with fewer than five employees — and also to individual supervisors and harassers personally.

Three-Year Filing Deadline

Employees must file a complaint with the California Civil Rights Department within three years of the last act of harassment before filing a civil lawsuit. The limitations period may be tolled in some circumstances — early consultation preserves all options.

Related Practice Areas
Wrongful TerminationWorkplace DiscriminationCivil Sexual Assault
Types of Harassment

Sexual Harassment Claims We Handle

01

Quid Pro Quo Harassment

Quid pro quo harassment occurs when a supervisor conditions a job benefit — a promotion, raise, favorable assignment or continued employment — on submission to sexual conduct, or threatens adverse employment consequences for refusing sexual advances. A single incident of quid pro quo harassment is sufficient to constitute actionable harassment under California law.

  • Conditioning promotion on sexual submission
  • Threatening termination for refusing advances
  • Promises of favorable treatment in exchange for sex
  • Supervisor demands for sexual favors
  • Implicit or explicit sexual coercion by authority figures
02

Hostile Work Environment

A hostile work environment exists when sexual conduct in the workplace is so severe or pervasive that it alters the conditions of employment and creates an abusive work environment. The conduct need not be directed at the plaintiff — a pervasive environment of sexual hostility affects all employees in that environment. California's standard is somewhat more protective than the federal standard.

  • Pervasive sexual comments, jokes or imagery
  • Unwanted touching or physical contact
  • Displaying sexually explicit materials
  • Repeated unwanted sexual advances
  • Retaliation for complaining about harassment
03

Third-Party & Coworker Harassment

Employers are also liable for sexual harassment by coworkers and non-employees — such as customers, vendors or contractors — if the employer knew or should have known of the harassment and failed to take prompt corrective action. Where an employer ignores complaints, dismisses them as misunderstandings or retaliates against the complaining employee, those responses may themselves give rise to additional claims.

  • Coworker harassment after management notice
  • Customer and vendor harassment claims
  • Employer failure to investigate complaints
  • Retaliation for reporting harassment
  • Pattern of ignored complaints over time
04

Retaliation for Reporting Harassment

FEHA expressly prohibits retaliation against employees who report sexual harassment, oppose discriminatory conduct or participate in a harassment investigation or proceeding. Retaliation claims may be brought independently of the underlying harassment claim — meaning an employee who reported harassment in good faith is protected even if the underlying claim is later found to be insufficient.

  • Termination following harassment complaint
  • Demotion or reassignment after reporting
  • Hostile treatment following complaint
  • Exclusion from meetings or opportunities
  • Constructive discharge following retaliation
Why Eagan Law

Counsel for Workplace Harassment Claims

Sexual harassment claims require counsel who brings both legal precision and genuine sensitivity to the engagement. Eagan Law handles these matters with strict confidentiality and experienced legal judgment.

1

Confidential From the First Conversation

All consultations at Eagan Law are completely confidential. Employees can describe what happened in detail — without fear that the conversation will reach the employer or be used against them — before making any decision about how to proceed.

2

Individual Supervisor Liability

Unlike most employment discrimination claims, FEHA harassment claims can be brought against individual supervisors personally — in addition to the employer. This expands the scope of available recovery and creates meaningful personal accountability for harassers.

3

Administrative Filing Managed Carefully

FEHA harassment claims require a timely administrative complaint with the CRD before a civil lawsuit may be filed. Eagan Law manages this step with precision — ensuring the filing preserves the full scope of available claims and that no deadlines are missed.

4

Personal Involvement at Every Stage

Todd Eagan is personally involved in every matter at the firm. In sexual harassment matters — which require consistent, trusted communication with clients — direct engagement from a senior attorney is essential throughout the representation.

California Law

California Sexual Harassment Law

California's Fair Employment and Housing Act prohibits sexual harassment in the workplace in Government Code § 12940(j). Unlike federal Title VII, FEHA imposes strict liability on employers for harassment by supervisors — the employer cannot escape liability by arguing it was unaware of the conduct. For harassment by non-supervisory employees and third parties, the employer is liable if it knew or should have known of the harassment and failed to take immediate and appropriate corrective action.

FEHA's harassment provisions apply to all employers — including those with fewer than five employees — and to individual supervisors and harassers personally. This means that a supervisor who engages in harassment may be named as a defendant individually in addition to the employing company, creating personal financial exposure.

Administrative Filing Requirement: FEHA sexual harassment claims must be filed with the California Civil Rights Department within three years of the last act of harassment before a civil lawsuit can be filed. Federal EEOC claims must be filed within 300 days. These deadlines are strictly enforced. Early consultation is strongly advised to preserve all available claims.

California law also requires employers with five or more employees to provide sexual harassment prevention training — two hours for supervisory employees and one hour for non-supervisory employees — on a biennial basis. An employer's failure to provide required training, or a pattern of inadequate responses to harassment complaints, is relevant evidence of the organizational environment in which harassment occurred and can support a claim for punitive damages.

Common Questions

Frequently Asked Questions

What counts as sexual harassment under California law?

California law recognizes two types of sexual harassment. Quid pro quo harassment occurs when a supervisor conditions a job benefit or threatens adverse action based on the employee's response to sexual conduct — a single incident is sufficient. Hostile work environment harassment occurs when sexual conduct is so severe or pervasive that it alters the conditions of employment — evaluated based on the totality of circumstances from the perspective of a reasonable person in the plaintiff's position.

Does my employer have to know about the harassment for it to be liable?

It depends on who is doing the harassing. Employers are strictly liable for sexual harassment by supervisors — liability exists regardless of whether the employer knew of the conduct. For harassment by coworkers or third parties, the employer is liable if it knew or should have known of the harassment and failed to take immediate and appropriate corrective action. In both cases, the employer cannot avoid liability merely by having a harassment policy on paper.

Can I sue my harasser personally — not just the company?

Yes. FEHA harassment provisions apply to individual supervisors and coworkers personally — not just to the employing entity. A supervisor who engages in sexual harassment may be named as a defendant in their individual capacity in addition to the company. This creates personal financial exposure for the harasser and expands the range of parties against whom judgment may be entered.

What if I reported the harassment and nothing was done?

An employer's failure to respond adequately to a harassment complaint is itself a violation of FEHA and significantly strengthens any claim against the employer. If you were retaliated against for making a complaint — demoted, reassigned, disciplined or terminated — a separate retaliation claim may be available as well. Courts and juries take seriously an employer's deliberate indifference to known harassment.

What damages are available in a sexual harassment case?

A successful FEHA sexual harassment claim can support economic damages including lost wages and back pay, emotional distress damages — which can be substantial in serious harassment cases — punitive damages where the employer acted with malice, oppression or fraud, and attorneys' fees and costs. California does not cap emotional distress damages in FEHA cases, unlike the federal Title VII caps that apply in some circumstances.

Discuss Your Matter

Sexual harassment claims require careful legal guidance and strict confidentiality. All consultations at Eagan Law are completely private.

Request a Consultation Call (310) 304-3302
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