Sexual Harassment Attorney in San Francisco

California & Federal Law on Workplace Sexual Harassment

Sexual harassment in San Francisco workplaces is prohibited under two overlapping legal frameworks. Understanding both helps clarify which claims apply to your situation and which agency handles your complaint.

California’s Fair Employment & Housing Act (FEHA)

FEHA is California’s primary workplace harassment statute. It applies to employers with five or more employees, a lower threshold than federal law, and gives employees three years from the last incident to file an administrative complaint. The California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing, enforces FEHA and investigates workplace harassment complaints. California’s protections are broader than their federal counterparts in several meaningful ways, including that longer filing window and the lower employee-count threshold.

Title VII of the Civil Rights Act

Title VII is the federal counterpart to FEHA. It applies to employers with 15 or more employees and is enforced by the Equal Employment Opportunity Commission (EEOC). For employees covered by both laws, federal deadlines are shorter: complaints must be filed within 300 days of the incident when a state agency shares jurisdiction. Under both frameworks, employers have a legal duty to investigate harassment complaints promptly.

Two Types of Sexual Harassment Under California Law

California law recognizes two distinct forms of workplace sexual harassment, each with its own legal standard.

Hostile Work Environment
This form involves unwanted conduct based on sex that is severe or pervasive enough to alter the conditions of employment. The conduct must be directed at a protected class, but California law doesn’t require it to be both severe and pervasive simultaneously. Examples include unwanted physical contact, sexually explicit messages, sexual jokes or comments, and requests for sexual favors. What matters legally is whether the conduct was unwelcome and whether it created a hostile or abusive work environment, not the intent of the person who engaged in it.

Quid Pro Quo Harassment
This form occurs when continued employment, a promotion, or another job benefit is conditioned on submission to sexual demands. When the person making those demands is a supervisor, California law may hold the employer strictly liable, meaning the employer can be responsible regardless of whether it knew the harassment was occurring. Retaliation against an employee who reports either form is independently prohibited under California and federal law.