How to File a Sexual Harassment Complaint in California

Filing for Workplace Sexual Harassment

As an employee, you have a right to work in a safe environment. If you feel that you are experiencing sexual harassment in the workplace, here is what you need to know to file a sexual harassment complaint.

What is Sexual Harassment?

Sexual harassment is discrimination against an employee for their sex. This can look like verbal or physical harassment against an employee as a result of their sex. Anyone can be the victim of sexual harassment, and anyone can be the harasser. Examples of sexual harassment include invitations for sexual favors, inappropriate comments, teasing, offensive jokes, sexual advances, and so on.

The employee does not need to be directly targeted in order to be a victim of sexual harassment. For example, a female employee may overhear a group of employees making crude comments about women and be uncomfortable, even if the comments were not directed toward her. This may constitute sexual harassment.

What to Know about Filing for Sexual Harassment in California

The employee has two options for filing a sexual harassment complaint in California. They can undergo an investigation and lawsuit with the Department for Fair Employment and Housing (DFEH), or they can choose to file their own independent lawsuit.

The DFEH is an independent state agency that helps employees file for sexual harassment in California. The DFEH exists to help investigate and settle the employee’s claims of sexual harassment. The DFEH offers dispute resolution services to resolve sexual harassment complaints and will file its own lawsuit if there is no resolution.

If an employee does not wish to go through the DFEH investigation and instead file their own lawsuit against the harasser for sexual harassment, the employee must obtain a Right-To-Sue notice through the DFEH. The DFEH will not investigate a claim if an employee has filed for a Right-To-Sue notice.

Filing a Sexual Harassment Complaint in California through the DFEH

Employees may choose to work with the DFEH to file a sexual harassment complaint and undergo the investigation and lawsuit through the DFEH.

These are the steps for filing a sexual harassment complaint through the DFEH:

1. File a complaint with the DFEH

File an intake form on the DFEH website to begin the sexual harassment complaint process. The employee only needs to complete 1 of the 3 ways to file a complaint:
- Online through the Cal Civil Rights System (CCRS).
- Filing a sexual harassment claim by phone.
- Completing and mailing a sexual harassment complaint intake form.
  - Mail to:
    2218 Kausen Drive, Suite 100
    Elk Grove, CA 95758

2. Gather evidence

Collect specific information and records that clearly document the sexual harassment. Gather names of all parties involved and contact information for witnesses.
Obtain copies of relevant documents necessary to build your file for the sexual harassment complaint.

3. DFEH investigation

The DFEH will investigate the facts and legal issues of the employee’s complaint.
DFEH will consider sexual harassment complaints up to 1 year from the date the employee experienced sexual harassment.
If they find that sexual harassment has taken place, the DFEH will deliver the complaint to the harasser.

4. Dispute resolution

The employee may wish to take advantage of the DFEH’s free dispute resolution services to resolve the sexual harassment complaint.
Dispute resolution is free and completely voluntary.

5. Lawsuit

If no settlement or agreement can be reached through dispute resolution, the DFEH will file its own lawsuit.

Filing an Independent Sexual Harassment Lawsuit in California

Employees may choose to file their own independent sexual harassment complaint and complete an investigation without the assistance of the DFEH. This is only recommended if the employee has an attorney available to conduct legal proceedings.

Before proceeding in court, the employee must first obtain a Right-to-Sue notice. Upon receiving the Right-to-Sue, the employee has 1 year to file a lawsuit.

These are the steps for obtaining a Right-to-Sue notice to file an independent sexual harassment lawsuit:

1. Gather information.

Collect the following information:
- Contact information and mailing address for the harasser.
- Contact information and mailing address for any additional parties that the employee wishes to file against.
  Contact information and mailing address for the “Agent of Service.” This is the person who should be notified that a Right-to-Sue notice has been filed. If this is not known, provide information for the human resources director. If this is not known, provide information for the company president or owner.

2. File for a Right-to-Sue notice through the DFEH.

There are 2 ways for filing for a Right-to-Sue notice: online or by mail. The employee only needs to complete 1 of the ways to file:

Online through the Cal Civil Rights System (CCRS).
- Log in or create a new account.
- Select the “Right-to-Sue” option and answer the questions.
Completing and mailing a Right-to-Sue intake form (This is different from the complaint intake form).
- Mail to:
  - Department of Fair Employment & Housing
    Right to Sue
    2218 Kausen Drive, Suite 100
    Elk Grove, CA 95758

3. File a civil lawsuit

Work with the attorney to begin the legal proceedings for the sexual harassment lawsuit.

FAQs About Filing a Sexual Harassment Complaint in California

Can I file a sexual harassment complaint in California?

Yes. If an employee has experienced sexual harassment in the workplace, they have the right to file a complaint through the DFEH or file an independent lawsuit.

What are resources in California to help with filing a sexual harassment complaint?

The Department of Fair Employment and Housing, or DFEH, is the primary resource for free legal services and counseling to help employees with their sexual harassment complaints.

Do I need to go through the DFEH to file for sexual harassment?

No. If an employee wishes to conduct their own independent investigation and lawsuit, they are not required to work with the DFEH. They only need to obtain a Right-to-Sue notice from the DFEH before proceeding with their own lawsuit.

Who can file a sexual harassment complaint?

Anyone can file a sexual harassment complaint. California state law protects all workers, not just employees, from sexual harassment. This includes interns, volunteers, contractors, and the like.

Are certain businesses protected from sexual harassment complaints?

No. California state law against sexual harassment applies to all businesses, regardless of size or public/private ownership. Employees are free to file sexual harassment complaints.

Contact Us

If you or a loved one is experiencing sexual harassment in the workplace, contact us. We’ll match you with the right lawyer to help you file a sexual harassment complaint. Get your free consultation with one of our Workplace Sexual Harassment Attorneys in California today!