Question 1

What happens if I report sexual harassment and my employer retaliates?

Accepted Answer

Retaliation for reporting sexual harassment is a separate and additional legal violation under FEHA. If your employer fires, demotes, cuts your hours, assigns you unfavorable work, or creates a hostile environment after you report harassment, you have both a harassment claim and a retaliation claim. Retaliation often results in additional damages.

Question 2

I was fired after filing a complaint with HR. Is that illegal?

Accepted Answer

Very likely yes. Terminating an employee for filing an HR complaint about discrimination, harassment, or wage violations is retaliation — which is prohibited under FEHA (Gov. Code §12940) and the California Labor Code. You do not have to prove the underlying complaint was valid; the retaliation itself is the violation.

Question 3

What are the two types of sexual harassment in California?

Accepted Answer

California recognizes two types: (1) Quid pro quo harassment — where a supervisor demands sexual favors in exchange for job benefits or threatens negative consequences for refusal; and (2) Hostile work environment — where sexual conduct is so severe or pervasive that it creates an abusive working atmosphere. Both are illegal under FEHA regardless of the victim's gender.

Question 4

Can I sue if a customer or client sexually harassed me?

Accepted Answer

Yes. Under FEHA, California employers are required to take immediate corrective action when they know or should know that a non-employee (customer, client, vendor, independent contractor) is sexually harassing their employees. If your employer failed to act, they can be held liable for the harassment.

What happens if I report sexual harassment and my employer retaliates?

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