If you're currently experiencing sexual harassment at work, the most important thing you can do right now, alongside protecting your safety and wellbeing, is start writing things down. California has some of the strongest workplace harassment protections in the country, but strong documentation is what turns a difficult situation into a case your employer, the state, or a court will take seriously.
What Counts as Sexual Harassment Under California Law
California's Fair Employment and Housing Act (FEHA) prohibits two main categories of sexual harassment: quid pro quo harassment, where a job benefit is tied to submitting to unwelcome sexual advances, and hostile work environment harassment, where unwelcome sexual conduct is severe or pervasive enough to make the workplace intimidating or abusive. For a full breakdown of what qualifies, who's protected, and how employer liability works, see our guide: What Counts as Sexual Harassment in California Workplaces. Whichever category applies to your situation, the steps below for documenting what's happening are the same.
Document Everything, Starting Today
If harassment is happening to you right now, try to create a written record as close to the moment as possible, while details are still fresh. For each incident, write down:
- The date, time, and location of what happened
- Exactly what was said or done, in as much detail as you can recall, using the harasser's own words where possible
- The names of anyone who witnessed it, even if they didn't say anything at the time
- How you responded, and how the incident made you feel or affected your ability to do your job
Keep this log somewhere private and outside of work systems, such as a personal notebook or a password-protected file on a personal device, since notes stored only on a work computer can be lost if you're terminated or locked out.
Preserve Digital Evidence
Texts, emails, voicemails, and messages sent through workplace platforms like Slack or Teams are often some of the strongest evidence in a harassment case. Screenshot or forward anything relevant to a personal email account, and note the date and time it was sent. If harassment happens over the phone, follow up with a text or email that references the conversation, which creates a written record even of a verbal incident.
Hold Onto Workplace Records
Save copies of performance reviews, schedules, disciplinary notices, and any HR communications, both from before and after the harassment started. If your treatment at work changes after you report harassment, such as a sudden negative review, reduced hours, or exclusion from meetings, document that too. Retaliation for reporting harassment is illegal under California law, separately from the harassment itself.
Even if your company allows verbal complaints, put your report in writing, ideally by email, so there's a timestamped record. Keep the tone factual rather than emotional, describe what happened and when, and note who you're sending it to. Save the email, along with any response you receive, and write down the date and outcome of any follow-up conversations or meetings about your complaint.
Know Your Deadlines
California gives employees three years from the most recent act of harassment to file a complaint with the California Civil Rights Department, or CRD, which is generally a required step before filing a lawsuit under FEHA. If the harassment is ongoing, each new incident can extend that window under what's known as the continuing violation doctrine. Once the CRD issues a right-to-sue notice, you generally have one year to file a lawsuit. Because deadlines and procedures can be fact-specific, it's worth speaking with an employment attorney as early as possible rather than waiting until a deadline is close.
You Don't Have to Navigate This Alone
Documenting harassment while it's happening protects you, and it also makes it possible for an experienced employment attorney to evaluate your situation and advise you on next steps, whether that's an internal complaint, a CRD filing, or a lawsuit.
If you're currently experiencing sexual harassment at work in California, Laurel Employment Law, APC is here to help you understand your rights and options. Schedule your free consultation today, or call us at (855) 477-1016.
We work on a contingency fee basis, so there's no cost to finding out where you stand