How to File a Workplace Harassment Complaint in California and What to Expect

Workplace harassment can take a heavy toll—professionally, emotionally, and even physically. If you’re facing harassment at work in California, it’s essential to know your rights and the steps you can take to protect yourself.

Fortunately, California has some of the most robust workplace protections in the United States, and there are legal pathways to help you seek justice. This article breaks down the process of filing a workplace harassment complaint in California and what you can expect along the way.

What Qualifies as Workplace Harassment in California?

Under California law, harassment refers to unwelcome conduct directed at an employee because of a protected characteristic such as:

• Race or color

• Religion

• Gender or gender identity

• Sexual orientation

• National origin

• Age (40 and over)

• Disability

• Marital status

• Military or veteran status

Harassment can include verbal abuse, offensive jokes, slurs, epithets, intimidation, ridicule, physical aggression, or interference with work performance. It becomes unlawful when:

• It is severe or pervasive enough to create a hostile or abusive work environment, or

• Enduring the harassment becomes a condition of continued employment.

Step 1: Document Everything

Before filing a complaint, start gathering as much evidence as possible. This includes:

• Written communications (emails, texts, chat logs)

• Notes about incidents (dates, times, witnesses, what was said or done)

• Any complaints you’ve already made to supervisors or HR

• Evidence of retaliation (if applicable)

It’s also helpful to keep a personal journal where you log every incident. Your documentation could be crucial in proving your claims.

Step 2: Report the Harassment Internally

Most employers have a workplace harassment policy in place. California law requires employers with five or more employees to have a written harassment, discrimination, and retaliation prevention policy.

To comply with company procedures and preserve your legal rights, take the following steps:

1. Follow the chain of command – Report the harassment to your direct supervisor, HR department, or another designated company representative.

2. Put it in writing – Submit a written complaint via email or letter and keep a copy for your records.

3. Request a formal investigation – Ask what steps the employer will take to investigate and resolve your complaint.

By reporting the harassment internally, you give your employer the chance to address the issue before escalating it legally. Failure to report it could impact your case later.

Step 3: File a Complaint with the California Civil Rights Department (CRD)

If your employer doesn’t resolve the issue—or if you experience retaliation, termination, or continued harassment—you can escalate the complaint by filing with the California Civil Rights Department (formerly DFEH).

Here’s how:

1. Go online to the CRD portal: https://calcivilrights.ca.gov

2. Select “File a Complaint” and follow the prompts to submit a Pre-Complaint Inquiry.

3. A CRD representative will contact you to discuss your situation and determine whether your claim is eligible for formal investigation.

4. If accepted, the CRD will help mediate your case or issue a Right to Sue Letter, allowing you to proceed with a civil lawsuit.

💡 You generally have three years from the date of the last incident of harassment to file a complaint with CRD.

Step 4: Consider Legal Representation

If you receive a Right to Sue letter or believe your case is serious enough to go to court, speak to a California employment lawyer as soon as possible.

An attorney can help you:

• Assess the strength of your case

• File a lawsuit against your employer

• Represent you in negotiations or court

• Secure damages such as back pay, emotional distress compensation, and legal fees

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Many employment lawyers offer free consultations and work on contingency—meaning they only get paid if you win.

What to Expect During the Complaint Process

1. Investigation: Whether it’s your employer or the CRD, expect interviews, requests for documents, and follow-up questions.

2. Possible retaliation: Though illegal, retaliation does happen. If your employer demotes, disciplines, or fires you after reporting harassment, that could be grounds for a separate legal claim.

3. Resolution or escalation: Depending on the outcome of the internal or CRD investigation, your case may be resolved through mediation or you may need to proceed to civil court.

Your Rights as an Employee in California

In California, employees are protected under the Fair Employment and Housing Act (FEHA), which provides broader protections than federal law. Key rights include:

• Protection from harassment and retaliation

• The right to file a complaint without fear of punishment

• The right to reasonable accommodations (if harassment relates to a disability or medical condition)

• Access to legal remedies through CRD or civil court

Final Tips

• Don’t wait—delays can hurt your case and your well-being.

• Keep communication professional, especially when documenting or reporting.

• If you feel unsafe, prioritize your physical and emotional safety. In some cases, medical leave or a transfer may be appropriate while the investigation proceeds.

Need Legal Help?

If you believe your employer is ignoring or mishandling your harassment complaint, or if you’ve experienced retaliation, you may be entitled to compensation. Contact 1000Attorneys.com to get a free consultation with a licensed California employment lawyer. We respond in under 10 minutes, 24/7.