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The Rutten Law Firm, APC
The Rutten Law Firm, APC
Call today: 818-308-5945
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Sexual Harassment

Employees have the right to feel safe, secure and free from harassment in the workplace. Unfortunately, sexual harassment is a reality that many women and men face from co-workers, managers, supervisors and others in their places of employment.

At The Rutten Law Firm, APC, we represent employees who have been sexually harassed at work. Sexual harassment is never excusable or justified, and harassers and their employers must be held accountable. Below we explain what the law actually requires, what to do if it is happening to you, and how long you have to act.

Did You Know?

Harassment based on gender, gender expression, gender identity and sexual orientation are all forms of unlawful sexual harassment. Our firm has won several large settlements on behalf of transgender clients who suffered workplace harassment, and we continue to pursue cases protecting the rights of transgender people and the LGBTQ community. Learn more about transgender harassment and discrimination.

Last reviewed: July 30, 2026. This page explains general legal principles and is not legal advice. Laws change, and outcomes depend heavily on specific facts. If you think you are being harassed, talk to an employment lawyer about your situation.

If this is happening to you right now

You do not need to have all the answers before you act. Four things matter most:

  1. Write it down. Dates, times, what was said or done, who else was present. Keep these notes somewhere that is not your work computer, work email, or work phone.
  2. Report it in writing, through your employer’s stated channel. Email creates a record. Whether you reported — and when — often determines whether your employer can escape liability later.
  3. Keep copies. Your employer’s harassment policy, your complaint, any response, your performance reviews.
  4. Watch the clock. Deadlines to file with a government agency are short and unforgiving. See What are the deadlines? below.

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On this page

What is sexual harassment?

Under federal law, sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. The EEOC has long defined it to include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:

  1. Submission to the conduct is made an explicit or implicit term or condition of employment;
  2. Submission to or rejection of the conduct is used as the basis for employment decisions affecting the individual; or
  3. The conduct has the purpose or effect of unreasonably interfering with work performance, or creates an intimidating, hostile, or offensive working environment.

Harassment does not have to be motivated by sexual desire. Conduct that targets someone because of their sex — including hostility toward a person for not conforming to sex stereotypes — can qualify even where nothing about it is romantic or sexual.

State law may go further. Every state must provide at least the protection federal law provides; many provide more. California provides considerably more. See California workers.

A note on the current federal landscape. In May 2025, a federal court in Texas vacated portions of the EEOC’s 2024 harassment guidance, and on January 22, 2026, the EEOC voted to rescind that guidance entirely. Rescinding agency guidance does not change Title VII itself, the Supreme Court decisions interpreting it, or any state law. But it does mean federal interpretation in some areas — particularly harassment based on gender identity — is unsettled. Workers in states with strong civil rights statutes should pay close attention to state law, which is both broader and more stable right now.

What is quid pro quo harassment?

Quid pro quo — “this for that” — describes situations where a job benefit is granted or withheld based on submission to or rejection of unwelcome sexual conduct. The classic example is a supervisor who conditions a promotion, a raise, a schedule, or continued employment on a sexual relationship.

The key element is the link: acceptance or rejection must be an express or implied condition of receiving a benefit, or the cause of a tangible job detriment. Only someone with authority over your employment can commit this form of harassment, because only they control the benefit being traded.

A tangible employment action means a significant change in employment status — firing, demotion, failure to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits. This distinction matters: when harassment culminates in a tangible employment action, your employer generally cannot raise the affirmative defense described below.

What is a hostile work environment?

This covers situations where the working environment itself becomes abusive because of conduct by coworkers, supervisors, or third parties such as customers, vendors, or clients. See also our page on hostile work environment claims. It can take the form of sexual comments, jokes, rumors, unwanted touching, displayed images, repeated propositions, or threats.

The federal standard, from Meritor Savings Bank v. Vinson (1986) and Harris v. Forklift Systems (1993), asks whether the conduct was severe or pervasive enough to alter the conditions of employment — judged both from the perspective of a reasonable person in the plaintiff’s position and by whether the plaintiff actually found it hostile. Note the “or”: conduct can qualify because it was extremely serious once, or because it was less serious but relentless.

Courts once drew sharp lines between hostile environment and quid pro quo claims. They no longer do. The categories are useful for describing conduct but carry limited legal significance today; what matters is whether harassment occurred and who is responsible for it.

What does “unwelcome” mean?

Conduct is unwelcome if you did not solicit or invite it and regarded it as undesirable or offensive. You do not have to have objected out loud, and you do not have to have objected immediately. Courts understand that people facing harassment from someone with power over their livelihood often try to deflect, laugh it off, or wait it out before complaining.

Participating in workplace banter does not forfeit your rights. Employers sometimes argue it does, and some courts have historically given that argument weight. California has since restricted this line of attack, and even where it is permitted, it is limited to relevant conduct actually observed in the workplace — not your private life, your clothing, or your history.

How do courts decide whether harassment occurred?

Applying the definition to real facts is far harder than stating it, and outcomes in similar cases can diverge. Factors courts weigh in hostile environment cases include:

  • How frequently the conduct occurred
  • Over what period of time
  • How severe it was
  • Whether it was physically threatening or humiliating, as opposed to a merely offensive remark
  • Whether it unreasonably interfered with work performance
  • The context in which it occurred
  • The size and nature of the employer’s business

Two courts can look at comparable facts and reach different conclusions. A single piece of pornographic material posted in a workplace may support a claim in one case and not another. A rebuffed request for a date may be nothing at all, or — depending on who asked, how often, and what followed — may be part of an actionable pattern. This unpredictability is a reason to talk to a lawyer early rather than to assume your situation is too minor.

Does it have to happen more than once?

Not necessarily. The federal standard is severe or pervasive, and a single sufficiently serious incident — a sexual assault, for instance — can support a claim on its own.

California has gone further. In Bailey v. San Francisco District Attorney’s Office (2024), the California Supreme Court held that an isolated act of harassment may be enough to support a claim under state law. The Legislature had already declared, in SB 1300 (2018), that a single incident can create a triable issue and that harassment cases are rarely appropriate for resolution on summary judgment.

Who can be a harasser?

Anyone. A supervisor, a coworker, a subordinate, or a third party such as a customer, client, contractor, or vendor. Harassers and targets can be of any sex, and can be the same sex — the Supreme Court settled that in Oncale v. Sundowner Offshore Services (1998).

Who your harasser is changes how your employer’s liability is analyzed, which is why the question matters legally:

  • A supervisor who takes a tangible employment action against you: your employer is liable, full stop.
  • A supervisor whose harassment does not result in a tangible action: your employer is liable unless it can establish the affirmative defense described below.
  • A coworker or third party: your employer is liable if it knew or should have known about the harassment and failed to take prompt, appropriate corrective action.

One important limit: in Vance v. Ball State University (2013), the Supreme Court narrowed who counts as a “supervisor” for these purposes to someone empowered to take tangible employment actions against you. Someone who directs your daily work but cannot hire, fire, promote, or reassign you may be treated as a coworker under federal law — a meaningful difference in what you have to prove. Some state laws define supervisor more broadly.

Does my employer’s size matter?

Under federal law, yes. Title VII applies to employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding year.

State law often reaches further. California’s Fair Employment and Housing Act applies to employers with five or more employees for most purposes, and its harassment provisions reach even smaller employers. FEHA also protects unpaid interns, volunteers, job applicants, and independent contractors — not just employees.

If you work for a small business, do not assume you have no protection. Check your state law, and check local ordinances as well.

Does harassment on Slack, Zoom, or text count?

Yes. Harassment does not require physical proximity, and conduct that occurs on work platforms — messaging apps, video calls, email, shared documents, internal social channels — is workplace conduct.

Conduct that happens outside work hours or on personal accounts can also count if it affects your working conditions. Persistent late-night texts from a supervisor, or being added to a group chat where colleagues circulate sexual content about you, can contribute to a hostile environment even though nothing happened in an office.

Practical implication: screenshot everything, including timestamps and usernames. Employers control their own systems and can delete messages, revoke your access when you complain, or wipe a channel. Preserve what you can, in a place you control, as it happens.

Can I be punished for complaining?

No — retaliation for complaining about harassment is itself illegal, and it is the single most commonly filed charge with the EEOC.

Retaliation claims are often easier to prove than the underlying harassment claim, and importantly, you are protected even if your harassment complaint ultimately fails. You need only have had a reasonable, good-faith belief that what you reported was unlawful.

Protected activity includes filing an internal complaint, filing an agency charge, participating in someone else’s investigation, or refusing to participate in conduct you reasonably believe is illegal.

Retaliation is not limited to firing. Under Burlington Northern & Santa Fe Railway v. White (2006), the standard is whether an employer’s action would dissuade a reasonable worker from making or supporting a complaint. Schedule changes, exclusion from meetings, a sudden negative review, reassignment to worse duties, or a transfer away from a career-building role can all qualify. In Muldrow v. City of St. Louis (2024), the Supreme Court confirmed that a discriminatory job transfer requires only some harm, not significant harm.

If things get worse after you complain, document that too. It may be the strongest part of your case. More on workplace retaliation claims.

What should I do if I’m being harassed?

1. Document contemporaneously. Notes made at the time carry far more weight than a reconstruction written months later. Record the date, time, location, exactly what was said or done, and who witnessed it. Keep this on a personal device or account — not on employer systems, which you can lose access to instantly.

2. Find your employer’s policy. Look in the handbook, the intranet, or ask HR for a copy. Identify who is designated to receive complaints and whether there is an alternative route if that person is the problem.

3. Report in writing. A verbal complaint counts legally, but a written one is far easier to prove. Email is fine. State what happened, when, and that you want it addressed. Keep a copy outside work systems.

4. If it is safe, tell the person to stop. This is not required, and there are situations where it is unwise. But a clear, documented request to stop removes any argument that the conduct was welcome.

5. Know what to expect from an investigation. Your employer should investigate promptly and impartially. It cannot promise complete confidentiality — investigating requires talking to people — but information should be shared only as necessary. You should be told the outcome, at least as it concerns you.

6. Do not quit without advice. Resigning can complicate a claim and reduce what you can recover. There is a doctrine — constructive discharge — for situations so intolerable that a reasonable person would have to resign, but it is demanding and worth discussing with a lawyer before you give notice. See also wrongful termination.

7. Talk to an employment lawyer. Most employee-side employment attorneys offer free consultations and work on contingency. Early advice is cheap; a missed deadline is not.

What is my employer required to do — and how can I tell if it’s serious?

An employer that is genuinely trying to prevent harassment will have:

  • A written policy prohibiting harassment of all kinds and making it a dischargeable offense
  • A clear complaint procedure identifying who receives complaints, with a designated alternative in case that person is the alleged harasser
  • Prompt, impartial investigation and appropriate corrective action
  • Distribution of the policy to new hires and periodically to existing staff
  • Training for all employees, including management

If there is no policy and no procedure, that tells you something.

Why this matters to your case

In Faragher v. City of Boca Raton and Burlington Industries v. Ellerth (both 1998), the Supreme Court held that where a supervisor’s harassment does not result in a tangible employment action, an employer can defend itself by showing both that (a) it exercised reasonable care to prevent and promptly correct harassment, and (b) the employee unreasonably failed to use the preventive or corrective opportunities available.

This is the practical reason to find your employer’s policy and use it. The defense is unavailable where the harassment culminated in a tangible employment action, and it is questionable whether it protects an employer against a single severe incident that could not have been anticipated. But in the ordinary case, whether you reported — and how your employer responded — is often the whole ballgame.

Policies are not one-size-fits-all. What works at a 5,000-person company will not work at a 12-person shop, and the law does not require identical programs. It requires reasonable care.

I signed an arbitration agreement or an NDA. Am I stuck?

Probably not — this changed significantly, and many workers do not know it.

Arbitration. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, signed in March 2022, allows a person asserting a sexual harassment or sexual assault claim to invalidate a pre-dispute arbitration agreement and class-action waiver and proceed in court instead. The choice is yours, not your employer’s. This applies to agreements signed before the law took effect, as to disputes arising after it.

NDAs. The Speak Out Act (2022) limits the enforceability of pre-dispute nondisclosure and non-disparagement clauses covering sexual harassment and assault disputes. California’s SB 331, the Silenced No More Act, goes further and restricts confidentiality provisions in settlement agreements involving harassment or discrimination.

If someone tells you a document you signed at hire prevents you from speaking up or going to court, get that checked before you accept it.

What are the deadlines?

This is the part people most often get wrong, and the consequences are permanent.

Federal (EEOC). Generally 180 days from the harassing act to file a charge, extended to 300 days in states with their own fair employment agency. You must receive a right-to-sue notice before filing in court, and then generally have 90 days to sue.

California (Civil Rights Department). Three years from the harassing act to file a complaint, and generally one year from the right-to-sue notice to file suit. California’s SB 477, effective January 1, 2026, adjusted aspects of CRD complaint processing and right-to-sue procedure — another reason to confirm current deadlines rather than rely on a summary.

Other states vary widely. Filing with one agency often cross-files with the other, preserving both sets of rights, but do not assume this happened — confirm it.

If you are near a deadline, contact a lawyer or the agency today. Filing is free and does not commit you to litigation.

What can I recover?

Depending on the claim and the forum:

  • Back pay — wages and benefits lost
  • Front pay — future losses where reinstatement is impractical
  • Emotional distress damages
  • Punitive damages, where the employer acted with malice or reckless indifference
  • Attorney’s fees and costs
  • Injunctive relief — policy changes, training, reinstatement

Title VII caps compensatory and punitive damages together based on employer size, from $50,000 for employers with 15–100 employees up to $300,000 for those with more than 500. Back pay is not subject to the cap. California’s FEHA has no damages cap, which is one reason California claims are frequently brought under state rather than federal law.

California workers: what’s different?

California provides the most protective framework in the country. Key differences from federal law:

Federal (Title VII) California (FEHA)
Employer size 15+ employees 5+ for most provisions; harassment provisions reach smaller employers
Filing deadline 180 / 300 days 3 years
Damages cap $50,000–$300,000 None
Who is protected Employees, applicants Also unpaid interns, volunteers, independent contractors
Single incident Possible if severe Expressly may suffice (Bailey, SB 1300)

Training is mandatory. Employers with five or more employees must provide two hours of harassment prevention training to supervisors and one hour to nonsupervisory employees, within six months of hire or promotion and every two years thereafter. Seasonal and short-term employees must be trained within 30 days of hire or 100 hours worked, whichever comes first. If your employer has never trained you, it is out of compliance.

Employers have an affirmative duty to take reasonable steps to prevent and promptly correct harassment. The Civil Rights Department’s Harassment Prevention Guide, published in March 2025, sets out how the agency evaluates whether an employer met that duty — a useful benchmark for assessing your own workplace.

Common myths

“Only women can be harassed.” False. Anyone can be harassed, and anyone can harass.

“Same-sex harassment isn’t covered.” False. The Supreme Court held otherwise in Oncale (1998).

“Harassment based on sexual orientation or gender identity isn’t sex discrimination.” In Bostock v. Clayton County (2020), the Supreme Court held that firing someone for being gay or transgender is discrimination because of sex under Title VII. Federal agency guidance in this area has been unsettled since 2025, but Bostock remains binding law, and states including California expressly prohibit harassment based on sexual orientation, gender identity, and gender expression. Our firm has recovered substantial settlements in transgender harassment and discrimination cases.

“Only a supervisor can be a harasser.” False. Coworkers and third parties — customers, clients, vendors — can too. What changes is what you must show about your employer’s knowledge and response.

“It only counts if it happens at the workplace.” False. Conduct at conferences, work travel, work social events, on work platforms, and in some cases outside work entirely can contribute to a hostile work environment.

“If I didn’t object at the time, I’ve lost my claim.” False. Delay may be raised against you, but it is not fatal, and courts recognize why people hesitate.

“I signed something, so I can’t sue.” Often false. See arbitration and NDAs.

What about harassment at school?

Title IX prohibits sex discrimination, including sexual harassment, at educational institutions that receive federal funding. Teachers, professors, coaches, and administrators who sexually harass students violate it. Title IX also protects people who report violations from retaliation — including employees of the institution who blow the whistle.

Title IX regulations have changed repeatedly in recent years and are an area of active litigation. If you are dealing with a school or university, get advice specific to your institution and the current rules.

Contact The Rutten Law Firm, APC, For Help

If you believe you are being sexually harassed, contact an experienced attorney right away. Reporting the harassment to a superior is usually the right first step — but in some cases, the superior is the one responsible. We are on the side of employees, and we will fight for you.

If you have been harassed at work in Woodland Hills or anywhere in the San Fernando Valley, contact us online or call 818-308-5945. We offer free initial consultations and take employment cases on contingency — you pay nothing unless you win, and we advance all costs.

This page provides general information about federal and California law and does not create an attorney-client relationship. It is not a substitute for advice about your specific circumstances. Laws, regulations, and agency guidance change; the date at the top reflects when this page was last reviewed.