When Could an Employer Potentially be Liable for Workplace Sexual Harassment?
Our dedicated legal team in Bakersfield could investigate a complaint to see if it rises to the level of actionable sexual harassment and whether the employer is liable. Under state law, an employer could be legally responsible for sexual harassment in specific situations. If an employer, manager, or supervisor harasses a worker who is subordinate to them, the employer would be liable. If the harassment takes place between coworkers at a similar level or in a similar work position, the employer would only be legally responsible for failing to take action if they directly knew or should have known about the harassment.
Statute of Limitations and Filing Process for Sexual Harassment Claims
Under Assembly Bill 9, you generally have up to three years from the date of the last incident of unlawful sexual harassment to file an administrative complaint under the Fair Employment and Housing Act (FEHA).
Once you submit that complaint to the California Civil Rights Department (CRD, formerly the Department of Fair Employment and Housing, DFEH), you may request a right-to-sue notice. After receiving the notice, you typically have one year to file a lawsuit in state court. Important considerations:
- If your harassment incidents occurred before January 1, 2020, the earlier one-year deadline may still apply, meaning your time to file may already be expired.
- Federal filings (via the Equal Employment Opportunity Commission or EEOC) may require you to file a charge within 180 days (or up to 300 days in California’s dual-filing states) from the date of the harassment.
Because missing the deadline can permanently bar your right to pursue a claim, it is critical to consult with an experienced Bakersfield employment attorney as soon as possible to protect your rights.
What to Do if You Experience Harassment
If you are subjected to unwanted conduct of a sexual nature at work, you should take proactive steps to protect yourself and preserve your legal rights. Our team recommends the following:
Document the Incidents
Keep a journal or log of each occurrence: date, time, location, individuals present, what was said or done, and any response you made. If there are emails, text messages, screenshots, photographs, or other physical evidence, preserve them.
Report the Harassment Internally
Review your employer’s reporting policy (many California-employers must have one) and send a written or electronic complaint to your supervisor or HR. Request a follow-up meeting and keep a copy of your complaint and any employer acknowledgement.
Avoid Waiting
Even though California allows up to three years in many cases, the sooner you act, the stronger your case tends to be: witnesses may leave, memories fade, evidence may be lost, and employers may destroy relevant files.
Seek Legal Advice Early
A Bakersfield lawyer can help you evaluate whether the acts you endured meet the legal definitions of workplace sexual harassment (such as quid pro quo or a hostile work environment), help preserve evidence, advise on filing with the CRD and EEOC, and protect your rights against retaliation.
Maintain Professionalism
Continue to perform your job duties to the best of your ability (if you are able) and avoid letting your emotional distress impair your performance. This will help you avoid employer arguments that you failed to mitigate your losses.
By following these steps, you enhance your ability to pursue legal remedies and help ensure your experience is documented in a way that supports your claim.
Retaliation and Employee Fears
One of the most common reasons employees do not report sexual harassment is fear of retaliation — for example, being demoted, reduced in hours, excluded from opportunities, or terminated simply because they complained. California law prohibits employers from retaliating against workers who engage in protected activity, including complaining about harassment, participating in investigations, or asserting rights under FEHA. Typical retaliation scenarios we see include:
- A worker who reports harassment and soon after receives a negative performance review or is sidelined from key projects
- A formerly attentive supervisor who begins giving the worker less favorable shifts or assignments
- A worker being excluded from meetings or social events after reporting harassment
If you believe you are facing retaliation, it is essential to document the changes in treatment and link them to your complaint or protected activity. This documentation will strengthen your case. Additionally, a lawyer can help assess whether your employer’s actions constitute unlawful retaliation and can include retaliation claims as part of your action for sexual harassment.
Our Bakersfield attorneys have represented clients who, after reporting sexual harassment, were subsequently targeted — and we know how critical it is to protect victims not just of harassment, but of the retaliation that often follows.
Contact a Bakersfield Workplace Sexual Harassment Attorney
Sexual harassment at work should not be tolerated. Fortunately, you might have the legal ability to fight back.
Contact our dedicated Bakersfield workplace sexual harassment lawyer to learn what they can do to help you through this challenging time.
Get Started Today
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