September 23rd, 2025
Businessman sexually harassing a female colleague in an office

Work should be a safe place where you can focus on your career without fear of abuse. Unfortunately, some employees face sexual harassment or even sexual assault in the workplace. These experiences can leave you feeling powerless, isolated, and unsure of your rights.

One of the first questions many people ask is: can I sue my employer for sexual harassment? The answer depends on the situation, but California law provides strong protections for employees and accountability for employers who allow or enable this conduct.

Understanding Sexual Harassment and Assault at Work

Sexual harassment covers a wide range of behavior. It can be verbal, such as unwanted comments or jokes; physical, such as unwelcome touching; or even digital, such as inappropriate messages or images.

California law recognizes two main types: quid pro quo harassment, where a manager ties job benefits to sexual favors, and hostile work environment harassment, where pervasive misconduct makes it impossible to do your job safely.

Sexual assault in the workplace goes further. Assault involves unwanted physical contact or coercion and is also a crime. When sexual harassment escalates to assault, you may have both civil and criminal claims.

In both cases, the law makes clear that your employer cannot ignore misconduct. Employers in California are legally required to take reasonable steps to prevent harassment and assault. This includes having policies, training employees, investigating complaints, and acting swiftly when misconduct occurs. If they fail, you may have grounds for a lawsuit.

When You Can Sue Your Employer

So, can you sue your employer for sexual harassment? In California, yes, if your employer allowed, ignored, or failed to prevent misconduct. Employers are liable when they knew or should have known about harassment and did nothing. They are also directly responsible for the actions of supervisors who harass or assault employees.

Here are a few situations where you may be able to bring a claim:

  • Failure to act on complaints: If you reported harassment and your employer did not investigate or stop it, they can be held liable.
  • Supervisor misconduct: When harassment or assault comes from a supervisor, the employer is often automatically responsible.
  • Retaliation: If your employer punishes you for speaking up—through demotion, firing, or other negative actions—you can sue for retaliation in addition to harassment.

You also have the right to file a claim even if you did not make an internal complaint. While reporting often strengthens your case, California law does not excuse an employer who turns a blind eye to obvious misconduct.

In cases of sexual assault, you may sue both the perpetrator and the employer. If the employer’s negligence created conditions that allowed the assault—such as failing to screen, supervise, or discipline the offender—they can be held accountable.

Steps to Protect Your Rights

If you’re facing sexual harassment or sexual assault at work, taking the right steps matters. Here’s what you should do:

  • Step 1: Document Everything: Write down details of each incident, including dates, times, locations, and people involved. Save messages, emails, or other evidence. Documentation creates a strong foundation for your case.
  • Step 2: Report the Misconduct: If you feel safe doing so, report the harassment or assault to your supervisor, HR, or another manager. Employers are legally obligated to investigate and take corrective action.
  • Step 3: File a Complaint with State or Federal Agencies: You can file with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate complaints and issue a right-to-sue notice, which is required before filing a lawsuit.
  • Step 4: Protect Yourself Against Retaliation: Keep track of any negative actions your employer takes after you report misconduct, such as demotion or termination. Retaliation is illegal and can be added to your claim.
  • Step 5: Consult an Attorney: Deadlines for filing harassment or assault claims are strict. An attorney can ensure you meet all requirements and pursue compensation for lost wages, emotional distress, and punitive damages.

Protect Your Rights Today

You should never have to choose between your safety and your livelihood. By stepping forward, you can protect yourself, seek justice, and help create a safer workplace for others.

At ADZ Law LLP, we represent employees throughout California who have experienced sexual harassment and sexual assault at work. We are here to listen, guide you through your options, and stand by your side as you take action.

Contact us today for a confidential consultation.