Key Takeaways
- Your right to sue: Yes, you can sue for sexual harassment under both federal law (Title VII) and California law (FEHA), with or without physical contact and regardless of whether you remained employed.
- The legal framework: California offers stronger protections than federal law: lower employer-size thresholds (1 employee under FEHA vs. 15 under Title VII), no damages cap, and 3 years to file the administrative charge instead of 300 days (Gov. Code § 12960(e)).
- What you can recover: Recoverable damages include lost wages, emotional distress, punitive damages, and attorney’s fees. EEOC enforcement recovered $60.6 million for sexual harassment victims in FY 2023, with total harassment recoveries across all protected bases reaching $202.2 million (EEOC FY 2023 enforcement data).
- Your next step: A free, confidential consultation with The Schenk Law Firm is the right starting point. We work on contingency, no fee unless we recover compensation for you.
If you have been harassed at work and you are wondering whether you can sue for sexual harassment, the legal answer is straightforward: yes. Both federal law and California law give you the right to file a civil claim against the harasser, the company, or both. The harder questions are which path to take, what to recover, and how to do it without retaliation.
At The Schenk Law Firm, we represent California employees through every stage of the process, from filing the administrative charge to negotiating settlement or trying the case in court. Since 1979, we have recovered over $25 billion for clients facing well-funded corporate defendants.
What Is Sexual Harassment Under the Law?
Sexual harassment is unwelcome conduct of a sexual nature that affects the terms, conditions, or environment of employment. Such conduct is prohibited under Title VII of the Civil Rights Act of 1964 (federal) and the Fair Employment and Housing Act, or FEHA (California). Courts treat it as a form of sex discrimination, not a separate offense, which is why it gets enforced through employment law rather than criminal law.
The Two Types That Courts Recognize
Courts recognize two categories: (1) Quid pro quo harassment occurs when a supervisor or person with authority conditions a job benefit (hiring, raise, promotion, schedule) on submitting to sexual conduct, or punishes the employee for refusing; (2) Hostile work environment occurs when severe or pervasive unwelcome conduct creates an environment a reasonable person would find abusive. Most sexual harassment lawsuits fall into the second category, which can involve any combination of comments, touching, displayed images, jokes, requests, or messages.
What Qualifies, and What Does Not
Conduct that qualifies includes unwanted physical contact (touching, blocking, intentional bumping), sexual comments or propositions, displayed or shared explicit images, repeated requests for dates after refusal, sexual jokes directed at a person or group, and texts or messages outside work hours. A single offhand comment or a one-time mild remark generally does not qualify, but a pattern of comments or one severe incident (an assault, an explicit threat, a forced kiss) does. Physical contact is not required.
Can You Sue for Sexual Harassment? Who Has the Right to File
The right to file is broader than most employees realize. Whether you are full-time, part-time, contract, remote, or were harassed by a non-employee, you likely have legal options.
Employees, Including Part-Time, Contract, and Remote Workers
If you work for a covered employer, you have standing. Under California’s FEHA, that means any employer with one or more employees (excluding the harasser themselves in some configurations). Under federal Title VII, it means 15 or more employees. Independent contractors are covered under California Government Code section 12940(j), which closes a loophole that federal law leaves open. Remote workers and traveling employees are also covered if the harassment connects to their employment relationship.
Can You Sue Someone for Sexual Harassment Outside of Work?
Yes, depending on the relationship. California’s Unruh Civil Rights Act and Ralph Act protect against harassment in housing, business services, and public accommodations. If you were harassed by a landlord, a doctor, a rideshare driver, or a service provider, you may have a civil claim outside the employment context. We handle these cases through our broader civil rights and Personal Injury Lawyer practice.
Can You Sue a Company for Sexual Harassment?
The short answer to can you sue a company for sexual harassment is yes, and employer liability is one of the most powerful tools in a sexual harassment case. A company is strictly liable when a supervisor harasses an employee. (State Dept. of Health Services v. Superior Court (McGinnis) (2003) 31 Cal.4th 1026; Gov. Code § 12940(j)(1).) A company is liable for coworker or non-employee harassment when it knew or should have known about the conduct and failed to take prompt corrective action. This is why deep-pocket institutional defendants are usually named alongside individuals.
How to Sue for Sexual Harassment: The Step-by-Step Process
Suing for sexual harassment in California follows a specific procedural path. Skipping a step can cost you the case. Here is how the process actually works.
Step 1: Document Everything
Start a contemporaneous record. Save emails, texts, and chat messages. Photograph or screenshot anything offensive. Keep a written log of dates, times, locations, what was said or done, and who witnessed it. Store this documentation outside company systems (personal email, personal cloud, paper copies at home). If you wait until you decide to sue, key evidence may be gone.
Step 2: Report Internally (If Safe to Do So)
Most employers require an internal complaint before legal action. Follow your HR or anti-harassment policy if one exists. Submit the complaint in writing and keep a copy. If reporting feels unsafe (your supervisor is the harasser, or HR has dismissed prior complaints), document why and consult an attorney before proceeding. We help clients navigate this step strategically.
Step 3: File a Charge with the EEOC or CRD
Before filing a lawsuit, you must file an administrative charge. In California, you have two options: the federal Equal Employment Opportunity Commission (EEOC), with a 300-day deadline from the last act of harassment, or the California Civil Rights Department (CRD, formerly DFEH), with a 3-year deadline. Filing with CRD generally preserves your stronger California-law claims. The agency will investigate and issue a “right to sue” letter, which is your ticket to court.
Step 4: File Your Sexual Harassment Lawsuit
Once you have the right-to-sue letter, your attorney drafts and files the civil complaint, naming the harasser, the employer, and any other liable parties. The defendants are served and required to respond. Discovery begins, where both sides exchange documents, take depositions, and build the record.
Step 5: Negotiate or Go to Trial
Most cases settle. Discovery typically exposes enough liability that defendants pursue settlement to avoid jury exposure, particularly in California where damages are uncapped. If the offer is inadequate, we try the case. The leverage that produces strong settlements is genuine trial readiness, not the willingness to settle quickly.
How Much Can You Sue for Sexual Harassment?
Damages depend on the severity of the harassment, the financial losses you suffered, the employer’s conduct, and the strength of the evidence. In California, there is no statutory cap on emotional distress or punitive damages, which is one of the most important advantages of using FEHA over Title VII.
Types of Damages You May Be Able to Recover
Recoverable damages typically include lost wages and benefits (back pay and front pay if you were forced out), emotional distress damages (anxiety, depression, PTSD, loss of enjoyment of life), medical and therapy expenses, punitive damages against the employer when conduct was particularly egregious, and attorney’s fees and costs, which California requires the losing employer to pay in successful cases. Reinstatement is also available, though most clients prefer separation with full compensation.
Sexual Harassment Settlement Amounts: What the Data Shows
Public data and recent verdicts give a realistic picture of how much you can recover in a sexual harassment case.
| Case type / source | Recovery | Notes |
|---|---|---|
| EEOC FY 2023 (sexual harassment specifically) | $60.6 million | Total recovered nationally across 7,732 sexual harassment charges |
| EEOC FY 2023 (all workplace harassment, all protected bases) | $202.2 million | 31,354 harassment charges resolved nationally |
| EEOC v. SkyWest Airlines (2024 verdict, upheld 2025) | $2.17 million jury verdict ($300,000 post-cap) | Hostile work environment; reduced under Title VII statutory caps |
| Riot Games consent decree, California (2023) | $100 million | Resolved systemic sex discrimination, harassment, and retaliation claims for approximately 1,600 women employees and contract workers |
What Affects the Value of Your Case
Case value rises with the severity and duration of the conduct; the strength of corroborating evidence (witnesses, texts, contemporaneous notes); the employer’s response (cover-up, retaliation, prior complaints ignored); the financial losses tied to the harassment (lost income, medical costs, career impact); whether you have a strong retaliation claim alongside the harassment claim; and the employer’s size and insurance coverage.
Why the Right Legal Representation Matters in Sexual Harassment Cases
Sexual harassment cases turn on the details. Employers retain experienced defense counsel from day one. They will challenge the credibility of your account, scrutinize your performance history, and argue you were not bothered enough at the time. The right attorney builds your case to withstand that pressure.
How The Schenk Law Firm Approaches Sexual Harassment Cases
We take these cases on contingency. No retainer, no hourly fees, no costs out of pocket. We move quickly to preserve evidence, file the administrative charge, and protect you from retaliation. Our team prepares every case as if it will go to trial, which is the leverage that produces strong recoveries. For survivors who also experienced assault during the harassment, our Sexual Assault Lawyer team handles those overlapping claims. That includes our Uber driver sexual abuse cases, part of the federal Uber MDL No. 3084.
FAQs
The questions employees most often ask in their first call.
Can you sue for sexual harassment at work?
Yes. Federal Title VII and California FEHA both give employees the right to sue. California’s protections are stronger in nearly every respect: smaller employer threshold, longer deadline, no damages cap.
What evidence do you need to sue for sexual harassment?
Documentation of the conduct (emails, texts, photos, written log), witness statements, your internal complaint records, employment records (performance reviews, pay records, any retaliation), and medical or therapy records that connect the harassment to physical or emotional harm. You do not need a smoking-gun email. Patterns and credible testimony are what carry cases.
Does sexual harassment require physical contact to sue?
No. Physical contact is not required. Verbal harassment, written messages, displayed images, or any other unwelcome sexual conduct that meets the severity-or-pervasiveness standard supports a claim.
How do I sue someone for sexual harassment?
Document the conduct, report internally if safe, file an administrative charge with the EEOC or California CRD within the deadline, obtain the right-to-sue letter, and then file the civil complaint. An attorney can manage these steps for you and protect you from retaliation during the process.
Can I sue my employer if a coworker harassed me?
Yes, if the employer knew or should have known and failed to take prompt corrective action. Employer liability for coworker harassment is well established under both Title VII and FEHA.
What is the statute of limitations for sexual harassment in California?
Three years from the last act of harassment to file with the California Civil Rights Department (CRD). After receiving the right-to-sue letter, you have one year to file the civil lawsuit. Federal EEOC charges have a 300-day deadline. California’s longer window is one of several reasons FEHA is the stronger path for most cases.
How long does suing for sexual harassment take?
Most cases resolve within 12 to 24 months. Complex cases or those involving multiple plaintiffs can take longer. We move efficiently while preserving your right to fair compensation.
Can I sue for sexual harassment if I no longer work at the company?
Yes. Your right to sue does not depend on still being employed. Many strong cases come from former employees who left because of the harassment. Constructive discharge (being forced out by intolerable conditions) is itself a legal claim and increases recoverable damages.
What is the difference between sexual harassment and sexual assault legally?
Sexual harassment is an employment-law violation under Title VII or FEHA. Sexual assault is a criminal offense that may also support a civil claim. Many cases involve both. When a workplace harasser commits an assault, the civil case typically includes both employment-law claims (against the employer) and civil battery or assault claims (against the harasser personally), which is why these cases often produce larger recoveries.
Next step
If you have experienced sexual harassment at work or in a setting outside employment, you have legal options and you have time to act. Contact The Schenk Law Firm at (858) 424-4444 for a free, confidential case evaluation. We work on contingency, which means no fee unless we recover compensation for you.
Sources
- California Civil Rights Department. (2023, May 16). Civil Rights Department secures court approval of $100 million settlement against Riot Games over alleged discrimination. calcivilrights.ca.gov
- California Legislative Information. (2025). Government Code § 12940 (FEHA unlawful practices; harassment). leginfo.legislature.ca.gov
- California Legislative Information. (2025). Government Code § 12960 (filing period for complaints). leginfo.legislature.ca.gov
- State Department of Health Services v. Superior Court (McGinnis), 31 Cal.4th 1026 (2003). Supreme Court of California, No. S103487. scocal.stanford.edu
- U.S. District Court, Northern District of California. In re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, MDL No. 3084. cand.uscourts.gov
- U.S. Equal Employment Opportunity Commission. (2024, November 22). Jury awards $2.17 million against SkyWest Airlines for sex discrimination. eeoc.gov
- U.S. Equal Employment Opportunity Commission. (2024). Enforcement and litigation statistics (FY 2023). eeoc.gov
Past results do not guarantee future outcomes. The verdicts and settlements described above involve other parties and different facts and do not predict the result in any individual case. This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney-client relationship.
