California offers strong protections against sexual harassment at work, and it also sets strict filing deadlines that can make or break a case. I have seen thoughtful, credible claims get dismissed because someone waited too long to start the process. On the flip side, I have watched employees preserve their rights with a single timely filing, even while they continued to look for counsel, gather evidence, or heal. Timing is not a technicality here. It is the gate to everything that follows, including an investigation, a sexual harassment lawsuit in California court, and the potential for damages or settlement.
This guide explains how the filing clock works under California workplace sexual harassment laws, how it differs from federal deadlines, which exceptions sometimes pause or extend the clock, and how to move forward without sacrificing leverage. The focus is practical: what to do when, and why it matters.
The legal backbone: FEHA and the definition that drives claims
California’s primary anti-discrimination and anti-harassment law is the Fair Employment and Housing Act. You will see it referred to as FEHA sexual harassment. FEHA defines what is considered sexual harassment in California and sets employer responsibility and liability standards that go beyond federal law in several key ways.
California sexual harassment definition. The law covers both quid pro quo harassment and hostile work environment harassment. Quid pro quo harassment in California occurs when a supervisor links job benefits or detriments to sexual conduct or favors. Hostile work environment harassment occurs when unwelcome sexual conduct is so severe or pervasive that it creates an abusive work environment. Verbal sexual harassment in California, such as sexual comments, unwanted sexual propositions, or crude jokes, can qualify when it crosses that threshold. Physical sexual harassment in California, including touching, groping, or assault, clearly meets the standard. The law also recognizes third party sexual harassment in California, meaning a customer or vendor can create liability if the employer knew or should have known and failed to act.
California’s rules apply to employers with five or more employees for harassment, discrimination, and retaliation claims, and california sexual harassment laws they cover employees, applicants, and, in many circumstances, unpaid interns and volunteers. Independent contractor sexual harassment in California can be actionable too, depending on the facts and the extent of the employer’s control or the contractor’s access to the workplace.
These definitions matter because they mark when the clock can start. The filing deadline for sexual harassment in California typically runs from the last act of harassment or the last adverse action tied to the harassment, such as termination or demotion, not from the first unwanted comment years earlier. In a hostile work environment, the ongoing pattern means the clock usually starts with the most recent incident.
The deadline that matters most: filing with the Civil Rights Department
Before filing a lawsuit, you must file an administrative complaint with the California Civil Rights Department. This agency used to be called the Department of Fair Employment and Housing, so you may still hear references to a DFEH sexual harassment complaint. The CRD step is mandatory for a FEHA sexual harassment claim. You cannot go straight to court unless you first obtain a right to sue notice.
The standard California sexual harassment statute of limitations to file with CRD is three years from the last unlawful act. That is generally the operative window for sexual harassment at work in California. The three years stem from an amendment that took effect in 2020, expanding the time for administrative filing. If you are dealing with conduct that straddles old and new timelines, the specifics get nuanced. In practice, if the last incident occurred within the past three years, you should assume you can file with CRD now. If the last conduct is older, talk to a California sexual harassment attorney about whether tolling or continuing violation doctrines might revive claims.
Once you file with CRD, the agency can investigate or issue an immediate right to sue upon request. Either path preserves your ability to pursue a sexual harassment lawsuit in California courts. If CRD accepts the complaint for investigation, it generally has a one-year period to complete the investigation, with possible extensions. If you request an immediate right to sue, you typically must file your court case within one year of the date on the right to sue letter. That one-year window is separate from the three-year CRD filing deadline and should be tracked carefully.
Why three years feels shorter than it sounds. Evidence fades quickly. Witnesses move on, text messages get lost when phones are upgraded, and security footage rolls over in as little as 30 to 90 days. Even with a legally adequate timeline, waiting is risky. The strongest sexual harassment claim in California is built on timely preserved evidence.
The federal track: EEOC deadlines and when to use them
Federal law also prohibits sexual harassment under Title VII, enforced by the Equal Employment Opportunity Commission. If you choose to file with the EEOC, the deadline is typically 300 days in California for sexual harassment claims, because California has a fair employment agency that partners with the EEOC. Some cases may default to a 180-day federal filing deadline in other states, but here the 300-day rule generally applies. That is much shorter than California’s three-year CRD filing timeline.
Do you have to file with both the CRD and the EEOC? Not usually. These agencies cross-file in many circumstances. If you submit to one and indicate that you want the charge cross-filed, you can preserve both state and federal claims. For most California cases, FEHA provides stronger remedies and standards than federal law, particularly around employer liability for supervisor sexual harassment in California. But there are times when federal court or federal claims strategy is sensible, such as when the employer is a multi-state entity with arbitration policies or peculiar jurisdictional issues. A sexual harassment lawyer in California can help you pick a forum, and you can still preserve both options with careful filing.
When the clock starts: last incident, retaliation, and constructive discharge
I often get asked whether a one-off comment years ago can be revived by a recent, unrelated slight. The answer is no. The filing window is anchored to the last unlawful act, not any later workplace disagreement. But there are three situations that meaningfully affect the start date.
Continuing violation in hostile work environment California cases. If the harassment forms a pattern over time, and at least one act falls within the three-year window, you can typically sweep in the older acts as part of a continuing violation. Courts look for relatedness and frequency, not an isolated incident that sits alone.
Retaliation resets. California sexual harassment retaliation is a separate violation with its own clock. If you complain and then face adverse actions, such as a schedule cut, demotion, or termination, those acts start new timelines for retaliation claims. Many employees miss this because they filed a harassment complaint a year or two ago and think their time has lapsed, even though they were fired three months ago for speaking up. That termination can anchor a fresh filing window for retaliation under FEHA.
Constructive discharge. When the environment becomes so intolerable that a reasonable person would feel forced to resign, that resignation can function like a termination. The clock often runs from the resignation date. Constructive discharge claims are fact intensive in California sexual harassment cases. Detailed documentation of the conditions leading to resignation becomes critical.
Special cases: minors, delayed discovery, and tolling
A few exceptions can extend deadlines. They are not silver bullets, and you should not bank on them without legal guidance, but they are real.
Minors. For victims under 18, the deadline can be tolled while they are minors. Wait-and-see strategies can still harm evidence, so families should look for counsel early, even if the formal clock does not start until adulthood.
Delayed discovery. In certain cases, the victim may not reasonably discover the connection between the harassment and harm until later. California courts treat discovery rules narrowly in FEHA matters, but in cases involving covert retaliation, concealed policies, or falsified reasons for termination, discovery arguments can matter.
Internal complaint-induced delay. If you are deep in an employer’s internal complaint or sexual harassment investigation in California, that does not automatically stop the clock. CRD filing deadlines usually keep running. The agency may accept late filings in limited circumstances for good cause, such as mental or physical incapacity. Do not rely on this. If internal processes drag, file with CRD to preserve rights and let the investigation continue in parallel.
Employer liability standards and why they affect timing
Employer liability for sexual harassment in California depends on who did what. If a supervisor harasses an employee, the employer is strictly liable for hostile environment harassment created by that supervisor. That stricter standard is one reason FEHA claims are robust. For coworker sexual harassment in California, the employer is liable if it knew or should have known about the conduct and failed to act. For third party harassment, like from a customer, the employer must take immediate and appropriate corrective action once aware.
These standards influence when to report internally. Reporting sexual harassment in California to HR or a manager creates knowledge. Notice triggers a duty to act. If the employer responds promptly and effectively, your case may change shape, but your safety can improve. If the employer ignores you or retaliates, that not only boosts a liability theory, it also creates a new unlawful act with its own deadline.
How to file a sexual harassment complaint in California, step by step
Filing with the Civil Rights Department is straightforward, and you can do it even if you are still interviewing attorneys. An early administrative filing does not lock you into a public process, nor does it force you into court before you are ready.
- Gather a short timeline. Include dates, who was involved, what happened, where it happened, and how you reported it internally, if at all. Note the most recent incident and any retaliation dates. Keep it factual and focused. File with CRD online. Use the CRD intake form for a California sexual harassment claim. Indicate whether you want an immediate right to sue or an investigation. If time is tight, requesting a right to sue preserves court options. Consider cross-filing with the EEOC. The CRD portal includes options for federal cross-filing. Check the box if federal claims might be helpful or if you are not sure yet. Preserve evidence. Save texts, emails, chat logs, performance reviews, schedules, and photos. Back them up to a personal device or cloud storage. If you have handwritten notes, scan or photograph them. Talk to counsel early. A California sexual harassment attorney can tailor strategy, especially on employer size, arbitration agreements, and damages theories. Early advice can prevent common pitfalls, such as social media posts that undercut credibility.
That list is not a substitute for legal advice, but it covers the mechanics most people need to meet the deadline and protect leverage.
Damages, settlements, and how timing shapes outcomes
California sexual harassment damages can include economic losses like back pay and front pay, as well as non-economic damages for emotional distress. In egregious cases, punitive damages are available if you can show malice, oppression, or fraud. Attorney’s fees are also available to prevailing plaintiffs under FEHA, which often drives settlement dynamics.
California sexual harassment settlements vary widely. Numbers depend on the severity and duration of the harassment, employer size, documentation quality, witness availability, and whether retaliatory termination occurred. I have seen small cases resolve in the tens of thousands and serious cases with clear liability reach six or seven figures. Delays that erode evidence can compress values. Filing on time and preserving proof often translates directly into better outcomes.
Mediation and arbitration come up frequently. California sexual harassment mediation through CRD can be helpful, particularly if both sides want early resolution. Arbitration may be required by some employment agreements. California has enacted laws that limit forced arbitration for certain claims, but court rulings evolve. A sexual harassment lawyer in California can evaluate whether a particular arbitration clause is enforceable. Even in arbitration, timely filing with the CRD remains a prerequisite.
Training, policies, and the employer side of the ledger
California sexual harassment training requirements apply broadly. Under AB 1825 and SB 1343 harassment training rules, employers with five or more employees must provide at least two hours of training to supervisors and at least one hour to nonsupervisory employees every two years, along with training for new hires within six months. Good training and a clear, accessible California sexual harassment policy can reduce incidents and improve the employer’s defense. But training is not a free pass. A company can meet training requirements and still be liable if supervisors harass or if HR ignores complaints.
Employers should maintain prompt, well-documented sexual harassment investigation procedures, protect confidentiality as much as possible, and avoid retaliation. From the claimant’s perspective, if the employer botches these steps, it strengthens your case. Keep records of who you told, when, and how they responded. If the company claims it conducted an investigation but refuses to share any result or took no action, that becomes part of the evidence narrative.
Evidence that carries weight
The best cases match a credible, consistent story with tangible corroboration. A witness who heard a sexually explicit comment, a text message inviting quid pro quo, a calendar invite sent late at night to a hotel bar with suggestive notes, or a performance review that turned negative right after you reported harassment - these details tell a story a judge, jury, or mediator can follow.
Hostile work environment laws in California do not require that every incident be documented. Juries understand that many incidents happen without witnesses, and people often delay reporting. Still, contemporaneous notes and messages are powerful. If you are worried about job security, keep a private journal and email copies of key events to a personal email account, not your work email. Avoid altering or deleting anything related to the case. Deletions raise spoliation arguments that can hurt credibility.
Interplay with wrongful termination and constructive dismissal
Wrongful termination sexual harassment California claims often involve a FEHA retaliation theory. If you complained about harassment and were fired, you may have a wrongful termination claim anchored in public policy and FEHA, in addition to the underlying harassment claim. The timelines can weave together. The termination date typically starts the filing window for retaliation and wrongful termination angles, even if the harassment began earlier. For constructive dismissal, the resignation date is key, as discussed earlier. Align your CRD complaint to capture both harassment and retaliation, because they often rise and fall together.
What happens after you file: a practical timeline
The California sexual harassment case timeline varies. If you request an immediate right to sue from CRD, you can file a complaint in court within weeks. If you ask CRD to investigate, expect several months to a year for intake, mediation offers, and investigation steps. Some cases resolve in CRD mediation quickly, especially if liability is clear and the employer wants to minimize exposure. Others benefit from deeper discovery in court.
In court, expect a year to two years to reach trial, depending on the county, judicial assignments, and the scope of discovery. Many cases settle after key depositions, such as the harasser, HR, and a key decision-maker, or after the court rules on summary judgment. Arbitration can move faster, often within 9 to 15 months, but that varies by arbitrator availability and the complexity of evidence.
Common pitfalls that cost people their claims
People lose viable claims for preventable reasons. The two most common are missing the CRD deadline and relying solely on internal complaints. An internal report is not the same as filing with the CRD. Another frequent mistake is waiting for a perfect evidence set before filing. The CRD complaint preserves the right to keep gathering. You do not need a polished, trial-ready package to start the clock in your favor.
A subtler mistake involves settlement talks without administrative filing. An employer might suggest negotiating directly and discourage formal action. If time runs out while those talks stall, you lose leverage. Keep an eye on the calendar, and file within the window. You can always continue settlement discussions afterward.
When to get counsel involved
Not every case requires immediate litigation, but early strategy sessions pay for themselves. A California sexual harassment lawyer can help with:
- Selecting the forum and timing. Whether to request a right to sue or pursue CRD investigation, and whether to cross-file with the EEOC. Structuring the evidence. What to preserve, which witnesses to approach early, and what to avoid posting or texting. Managing workplace status. How to navigate leave options, performance plans, or medical accommodations if anxiety or depression follows the harassment. Evaluating damages. Estimating back pay, front pay, and emotional distress ranges, and how documentation affects value. Handling retaliation. Rapid responses to write-ups, shift changes, or termination threats after you report.
If cost is a concern, many firms handle FEHA cases on contingency. Others offer limited-scope consultations to map out the filing and evidence plan.
Key takeaways that keep your claim alive
California workplace sexual harassment laws give you time, but not forever. The three-year CRD filing deadline for FEHA sexual harassment claims is the anchor. Most employees are best served by filing with the Civil Rights Department sooner rather than later, requesting a right to sue if strategy calls for court, or allowing an investigation if early mediation looks promising. Federal EEOC deadlines are shorter, and cross-filing preserves options. Retaliation is its own claim with its own clock. Constructive discharge and continuing violations can shift the timeline, but do not assume you have an exception without verifying.
California workplace harassment laws, including training requirements under AB 1825 and SB 1343, aim to prevent problems before they start. When prevention fails, timely action preserves your rights. If you remember nothing else, remember this: note your most recent incident date, preserve your evidence, and file with CRD before the window closes. After that, the path you choose - investigation, mediation, arbitration, or court - is a strategic decision, not a race against the clock.