What Legally Counts as Sexual Harassment in California? (FEHA Guide)

What Is Sexual Harassment Under California Law?

Sexual harassment includes unwelcome conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment.

Types of Sexual Harassment

1. Quid Pro Quo

When a supervisor demands sexual favors in exchange for job benefits (promotion, raise, hours, or continued employment).

2. Hostile Work Environment

Unwelcome conduct that is severe or pervasive, including:

  • Sexual comments or jokes
  • Lewd messages or texts
  • Unwanted touching
  • Sexual gestures
  • Repeated flirting after being told to stop
  • Sharing explicit images

What Does NOT Count as Sexual Harassment

  • Consensual banter
  • Light teasing without sexual content
  • A single, harmless comment (unless severe)

Evidence That Helps Prove Sexual Harassment

  • Texts, emails, DMs
  • Photos, screenshots
  • Witnesses
  • HR complaints
  • Journal entries documenting incidents

What to Do If You Experience Sexual Harassment at Work

  • Document everything
  • Save all messages
  • Report it (HR, supervisor, or through the company’s policy)
  • Contact an employment attorney immediately

Contact Nikolaian Law APC

We fight for employees who are victims of sexual harassment.
Confidential consultations. No upfront fees.